Cox v. Mobile County Board of School Commissioners

157 So. 3d 897, 2013 WL 5583630, 2013 Ala. Civ. App. LEXIS 228
CourtCourt of Civil Appeals of Alabama
DecidedOctober 11, 2013
Docket2120171
StatusPublished
Cited by5 cases

This text of 157 So. 3d 897 (Cox v. Mobile County Board of School Commissioners) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cox v. Mobile County Board of School Commissioners, 157 So. 3d 897, 2013 WL 5583630, 2013 Ala. Civ. App. LEXIS 228 (Ala. Ct. App. 2013).

Opinion

DONALDSON, Judge.

Penny Cox appeals the decision of a hearing officer affirming the decision of the Mobile County Board of School Commissioners (“the Board”) to terminate Cox as its employee. The events that form the basis of this appeal occurred both before and after July 1, 2011, the effective date of the Students First Act (“the SFA”), § 16-24C-1 et seq., Ala.Code 1975, which, among other things, repealed and replaced the former Fair Dismissal Act (“the FDA”), see former § 36-26-100 et seq., Ala.Code 1975. See § 16-24C-14, Ala. Code 1975 (the effective date of the SFA is July 1, 2011). Both parties to this appeal argue based exclusively on the application of the SFA.

The record indicates that on February B, 2012, Cox was placed on administrative [899]*899leave. On April 4, 2012, Mobile County school superintendent Martha Peek notified Cox of her intention to recommend that the Board terminate Cox’s employment; that notice cited “failure to perform duties in a satisfactory manner” and “other good and just cause” as the grounds for the proposed termination, and, in support of those grounds, the notice contained allegations that Cox was the subject of parental complaints, that she had made racially derogatory comments regarding students and coworkers, that she had made comments about a student’s weight, that she had inappropriately tape-recorded her classes for disciplinary purposes, that she had poor classroom-management skills, that she had made negative comments to cafeteria staff, that she had failed to properly clock into work, that she had displayed an inappropriate picture to coworkers, that she had failed to follow directives, and that she had spoken harshly to students.

Cox timely contested her proposed termination, see § 16-24C-6(c), and the Board conducted a hearing at which it received evidence on August 2, 2012. At the conclusion of the hearing, the Board voted to accept the superintendent’s recommendation that Cox’s employment be terminated, and it orally informed Cox of its decision. On August 24, 2012, the Board provided Cox written notice of its decision to accept the superintendent’s recommendation that Cox’s employment be terminated. On August 27, 2012, Cox filed a notice of appeal of the Board’s decision, seeking a review by a hearing officer pursuant to § 16-24C-6(e) of the SFA.

The hearing officer conducted a hearing on November 2, 2012. February 6, 2013, the hearing officer issued a decision affirming the decision of the Board, specifically finding that the Board had provided written notice to Cox 12 days late without specifying a reason for the delay. See § 16-24C-6(d)(providing that a school board “shall give -written notice to the employee of the decision regarding the proposed termination within 10 calendar days after the vote of the board”). However, the hearing officer stated that “[tjhere is no language in the [SFA] that specifically addresses [the delay of notice] as being fatal,” and he found that “[t]he timing of the notice did not adversely affect ... Cox’s Right of Appeal or due process in this proceeding.” The hearing officer further ruled that the record was “void of personal or political reasons for termination” and affirmed the Board’s decision, holding that, based on the evidence, he could not “find the Board’s decision to be arbitrary or capricious.” Cox timely appealed pursuant to § 16-24C-12.

Standard of Review

This court recently addressed the arbitrary-and-capricious standard of review, which is applicable to appeals arising under the SFA:

“With regard to such review, this court has held:
“Tn employing the arbitrary-and-capricious standard of review, the legislature intended this court to be “extremely deferential” to the hearing officer’s decision in an FDA case. See Ex parte Dunn, 962 So.2d 814, 816 (Ala.2007) (construing arbitrary-and-capricious standard of review mandated by Teacher Tenure Act). As our supreme court has stated:
““‘[T]he reviewing court may not substitute its judgment for that of the hearing officer.... [w]here ‘reasonable people could differ as to the wisdom of a hearing officer’s decisionf,] ... the decision is not arbitrary.’ ...
“ ‘ “ ‘If the decision-maker has “‘examined the relevant data and [900]*900articulated a satisfactory explanation for its action, including'a “rational connection between the facts found and the choice made,” ’ ” its decision is not arbitrary. See Alabama Dep’t of Human Res. v. Dye, 921 So.2d [421, 426 (Ala.Civ.App.2005) ] (quoting Prometheus Radio Project v. FCC, 373 F.3d [372, 389 (3d Cir.2004) ] (quoting in turn Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962))).’ ”
‘Ex parte Dunn, 962 So.2d at 816-17 (quoting with approval, but reversing on other grounds, Board of Sch. Comm’rs of Mobile County v. Dunn, 962 So.2d 805, 809, 810 (Ala.Civ.App.2006)). Pursuant to the arbitrary- and-capricious standard of review, this court may “disagree with the wisdom of the decision, [but] we may not substitute our judgment for that of the hearing officer.” Ex parte Dunn, 962 So.2d at 823-24.’
“Bishop State Cmty. Coll. v. Thomas, 13 So.3d 978, 986 (Ala.Civ.App.2008). As noted above, our supreme court has stated that, ‘[w]here “reasonable people could differ as to the wisdom of a hearing officer’s decision[,] ... the decision is not arbitrary.” ’ Ex parte Dunn, 962 So.2d at 816 (quoting with approval Board of Sch. Comm’rs of Mobile Cnty. v. Dunn, 962 So.2d at 809, rev’d on other grounds); Bishop State Cmty. Coll. v. Thomas, 13 So.3d at 986.
“In both Bishop State Community College v. Thomas, supra, and Ex parte Dunn, supra, the hearing officer received evidence and was the trier of fact, and the courts reviewed the hearing officer’s decision based on that receipt of evidence under the arbitrary-and-capricious standard. In this case, the Board received evidence and was the trier of fact. The hearing officer was asked to review the Board’s decision based on that evidence. Thus, as indicated above, the hearing officer in this case was required to afford deference to the decision of the Board, even if he would have reached a different result than did the Board. § 16-24C-6(e); Bishop State Cmty. Coll. v. Thomas, supra; Ex parte Dunn, supra. In other words, the hearing officer in this case did not receive evidence, and, in reviewing the record of the proceeding before the Board, he was in no better position than is this court to review the decision reached by the Board after the presentation of evidence.”

Chilton Cnty. Bd. of Educ. v. Cahalane, 117 So.3d 363, 368 (Ala.Civ.App.2012), cert. denied, 117 So.3d 371 (Ala.2013).

Discussion

Cox raises two issues on appeal: whether the hearing officer erred in not finding that the Board had abandoned its decision to terminate Cox’s employment when it provided written notice of its decision to Cox 12 days beyond the 10-day period prescribed for providing such notice in § 16-24C-6(d) and whether the hearing officer erred in affirming the Board’s decision rather than overturning it on the basis that Cox was terminated for personal and political reasons.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dailey v. Monroe Cnty. Bd. of Educ.
238 So. 3d 657 (Court of Civil Appeals of Alabama, 2017)
Lambert v. Escambia County Board of Education
199 So. 3d 761 (Supreme Court of Alabama, 2016)
Howard v. Cullman County
198 So. 3d 478 (Supreme Court of Alabama, 2015)
Huntsville City Board of Education v. Jacobs
194 So. 3d 929 (Court of Civil Appeals of Alabama, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
157 So. 3d 897, 2013 WL 5583630, 2013 Ala. Civ. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-mobile-county-board-of-school-commissioners-alacivapp-2013.