Cowart v. SIMPSON COUNTY SCHOOL BD.

818 So. 2d 1176, 2002 Miss. LEXIS 187, 2002 WL 1227297
CourtMississippi Supreme Court
DecidedJune 6, 2002
Docket2001-CA-00250-SCT
StatusPublished
Cited by4 cases

This text of 818 So. 2d 1176 (Cowart v. SIMPSON COUNTY SCHOOL BD.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cowart v. SIMPSON COUNTY SCHOOL BD., 818 So. 2d 1176, 2002 Miss. LEXIS 187, 2002 WL 1227297 (Mich. 2002).

Opinion

818 So.2d 1176 (2002)

Danny COWART
v.
SIMPSON COUNTY SCHOOL BOARD.

No. 2001-CA-00250-SCT.

Supreme Court of Mississippi.

June 6, 2002.

John L. Maxey, II, Sharon Marie Garner, Jackson, for appellant.

Douglas M. Magee, Mendenhall, for appellee.

Before SMITH, P.J., WALLER and COBB, JJ.

COBB, Justice, for the Court.

Danny Cowart was employed as a teacher and coach at Magee High School in *1177 Simpson County, Mississippi. Five days after an altercation between Cowart and the Magee High School principal, Cowart was notified by the Simpson County Superintendent of Education, Jack McAlpin, that he had recommended Cowart's termination. At Cowart's request, a hearing was held before the Simpson County School Board (the Board) on June 28, 1998, and the Board terminated Cowart's contract. Cowart appealed to the Simpson County Chancery Court pursuant to Miss. Code Ann. § 37-9-113 (2001).

¶ 2. By order dated August 19, 1998, following a hearing on Cowart's motion for stay pending appeal, the chancellor granted the stay, finding that the hearing before the Board did not conform with due process requirements. He remanded the case to the Board for a rehearing, to be conducted in compliance with the statutory and constitutional laws of the State of Mississippi and the United States of America, and ordered that a hearing officer be appointed as provided by statute. Pursuant to the chancellor's ruling, the Board reinstated Cowart's pay and benefits, but relieved him of duties pending a proper hearing, and appointed a hearing officer who conducted the rehearing on December 21, 1998. Once again, the Board terminated Cowart's contract.

¶ 3. Cowart did not appeal the Board's final decision to the chancery court. Instead, on February 19, 1999, he filed a motion for contempt against the Board, alleging it had violated the chancery court's August 19 order on motion to stay. The Board responded, saying that that the chancery court lacked jurisdiction because Cowart had not appealed the Board's final decision within twenty days as mandated by Miss.Code Ann. § 37-9-113. Following a motion hearing, conducted on April 12, 1999, the chancery court found that the Board was not in contempt, but ordered the Board to pay Cowart's salary for January and February of 1999. The Board appealed that order to this Court, Cowart moved to dismiss the appeal, and on May 4, 2000, we granted his motion to dismiss.[1]

¶ 4. On January 12, 2001, the chancery court entered a final judgment upholding Cowart's termination. Aggrieved, Cowart appeals, raising two assignments of error, which have been edited for clarity:

I. DID THE BOARD PROVIDE A FAIR AND IMPARTIAL HEARING?
II. DID COWART'S ACTIONS JUSTIFY TERMINATION FOR "OTHER GOOD CAUSE"?

¶ 5. The Simpson County School Board cross appeals raising four assignments of error, similarly edited:

III. DID COWART FAIL TO TIMELY APPEAL THE DECEMBER 21, 1998 FINAL DECISION OF THE SCHOOL BOARD?
IV. DID THE CHANCERY COURT HAVE JURISDICTION TO HEAR COWART'S MOTION FOR CONTEMPT?
V. WAS THE CHANCELLOR'S FINAL JUDGMENT MANIFESTLY WRONG?
VI. WAS THE CHANCELLOR MANIFESTLY WRONG IN ESTABLISHING COWART'S DISMISSAL DATE AS MARCH 1999?

*1178 ¶ 6. We conclude that because Cowart did not appeal within 20 days following the Board's December 21, 1998, final decision dismissing him from employment as of that date, the chancery court had no jurisdiction after January 10, 1999. Because this issue is dispositive, we do not address the others.

FACTS

¶ 7. Danny Cowart's tenure as both coach and athletic director at Magee High School was quite successful. His 1997-1998 football team had a record of 14-1 and won the Mississippi AAA State Championship. He had just signed a new contract for the 1998-1999 scholastic year approximately a week before the altercation that led to his termination.

¶ 8. According to Cowart, there was a single angry confrontation between Cowart and his principal, Sidney Lee, which took place within the office of the principal when no one else was present, after the last school session had ended and at a time in Cowart's life when he was under a good deal of stress. The exchange lasted about five minutes. Cowart admitted that he called Lee a son of a bitch and that he should not have done so. He also admitted that he was irritated but not angry, and that he shook his finger at Lee, but did not recall touching Lee's nose.

¶ 9. Lee's description of the encounter differed. He stated that Cowart was out of control when he came into Lee's office in an angry and agitated manner, and that when Cowart shook his finger in Lee's face, he struck Lee on the nose with his finger. Lee reported the incident to Superintendent McAlpin, and Lee's secretary, who was in the office adjoining Lee's, corroborated Lee's report. McAlpin did not talk to Cowart, but rather decided to make his recommendation to terminate Coward based on the descriptions of the incident given to him by Lee and his secretary, saying he believed Cowart's behavior to be totally unacceptable.

¶ 10. At the first hearing conducted by the Board, Superintendent McAlpin participated as, in the words of the chancellor, a major "prosecution witness" to support the firing of Cowart. Following the close of the public hearing, when the Board members went into executive session, McAlpin and Board attorney Doug Magee were present, but Cowart was not. McAlpin participated in those deliberations, and a majority of the Board members voted to uphold McAlpin's recommendation to terminate Cowart's employment. Cowart claimed that the presence and participation of McAlpin during the Board's deliberations in executive session tainted the impartiality of the proceedings and denied him his statutory and constitutional right to due process.

¶ 11. On appeal, the chancellor agreed, stating: "This clearly is in violation of the due process rights of Coach Cowart in that [sic] by Mr. McAlpin being present and able to address questions and make statements to the Hearing Board without Coach Cowart having the right to cross-examine or to present additional testimony to rebut anything Mr. McAlpin said. In effect, the Board let the fox in the hen house." The chancellor remanded the case to the Board for a rehearing, to be conducted by a hearing officer, in conformity with due process requirements.

¶ 12. Nancy Maddox was appointed to be the hearing officer and she conducted the second hearing before the Board. In her "Report and Recommendation of the Hearing Officer," she referred primarily to Principal Lee's testimony describing the incident. Maddox also noted that Lee's secretary generally corroborated most of Lee's version of the events that transpired that day, and noted McAlpin's testimony regarding what Lee and his secretary told *1179 him. Finally, Maddox compared Cowart's version of the events to the version described by the others, and after finding that Cowart's language was "abusive and inappropriate, and touching Mr. Lee while shaking his finger at him is an assault", Maddox concluded that the decision to terminate Cowart's employment was a proper decision. The Board agreed and in its Final Decision, by a unanimous vote, dismissed Cowart effective December 21, 1998, for good cause.

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Bluebook (online)
818 So. 2d 1176, 2002 Miss. LEXIS 187, 2002 WL 1227297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowart-v-simpson-county-school-bd-miss-2002.