Crockett v. Board of Trustees for the Mound Bayou Schools

770 So. 2d 1030, 2000 Miss. App. LEXIS 527, 2000 WL 1669881
CourtCourt of Appeals of Mississippi
DecidedNovember 7, 2000
DocketNo. 1999-CC-01342-COA
StatusPublished
Cited by2 cases

This text of 770 So. 2d 1030 (Crockett v. Board of Trustees for the Mound Bayou Schools) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crockett v. Board of Trustees for the Mound Bayou Schools, 770 So. 2d 1030, 2000 Miss. App. LEXIS 527, 2000 WL 1669881 (Mich. Ct. App. 2000).

Opinion

BRIDGES, J.,

for the Court:

¶ 1. William Crockett appeals the decision of the Board of Trustees of the Mound Bayou Public School District terminating him from his position as Superintendent of the Mound Bayou Public School District. We affirm.

FACTS

¶ 2. William Crockett was employed by the Board of Trustees of the Mound Bayou School District in 1992 to serve as interim superintendent. Subsequently, he was offered a three year contract to serve as the Mound Bayou School District Superintendent, which he accepted. Crockett’s contract was again renewed in 1996 for a four year term. However, in July 1998 the Board of Trustees terminated Crockett as superintendent. The Board cited the following reasons for Crockett’s termination:

1. Crockett deprived the School Board of an opportunity to make an informed decision whether to pledge and/or obtain funds pursuant to the Mississippi Adequate Education Program by June 30, 1998;
2. Dr. Crockett caused the improper transfer of district funds to his wife during August of 1993 that either was not approved by the School Board or approved by statement of misrepresentation or misinformation;
3. Dr. Crockett was dishonest in purchasing certain items with district funds, i.e., farm equipment and various laptop computers which cannot be accounted for in the district; and
4. Dr. Crockett neglected his duty and failed in his responsibility to the School Board to send in writing a non-renewal letter to Henry Ward and Ottowa Carter by the deadlines as established by Mississippi law and as a consequence, exposed the District to additional costs and possible legal liability.

Following his termination, Crockett requested a hearing pursuant to statute. The hearing was held on September 17, [1032]*1032and October 1 and 2, 1998. Within thirty days of the hearing, the Board voted to uphold Crockett’s termination.

¶ 3. On appeal to the Chancery Court of Bolivar County, Crockett asserted that he did not receive a fair hearing in violation of his constitutional due process rights, that there was insufficient evidence to support the allegations that school district funds were used to purchase farm equipment and lap top computers, that there was insufficient evidence of an inappropriate transfer of district funds to Mrs. Crockett, that there was insufficient evidence of the allegation that Crockett had deprived the School Board of information to obtain Mississippi Adequate Education Program (MAEP) funds and that the evidence presented was insufficient to establish that Crockett was neglectful in submitting non-renewal notices to two school district teachers. The chancellor determined that there was insufficient evidence presented regarding the issues of the farm equipment and the lap top computers, but did find that there was sufficient evidence presented that Crockett had inappropriately paid his wife for her participation on a voluntary school district special assignment team, that he did not send non-renewal notices to two teachers as he was required to do, and that he failed to timely put together a long range planning packet for the purpose of submitting an application to the State of Mississippi for MAEP funds. Accordingly, the chancellor affirmed the Board’s decision terminating Crockett on those grounds. From the chancellor’s affirmance, Crockett appeals to this Court.

ISSUES

¶ 4. Crockett first argues that he did not receive a fair hearing in violation of his constitutional due process rights on the basis that (1) the entire Board was not present during all sessions of the hearing and that the Board’s decision was made without the benefit of reviewing the transcript of the hearing in violation of Mississippi Code section 37-9-111(4), as amended, and (2) because of ex paHe communications between a witness, the Board’s attorney and the hearing officer. Next, Crockett contends that there was insufficient evidence to show that the disbursement of district funds to his wife, a school district employee, was improper. In addition, Crockett maintains that the evidence was insufficient to establish that he failed to act in accordance with Board directives regarding the preparation and submission of an application packet for the district’s application for educational bond funds. Lastly, Crockett asserts there was insufficient evidence showing that he intentionally failed to submit non-renewal notices to two teachers despite directives from the Board to do so.

Law on Termination

¶ 5. “Dismissal of certificated school employees is governed by Miss Code Ann. § 37-9-59 (Supp.1992), which provides good cause reasons for dismissal as well as the right to a public hearing.” Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So.2d 898, 901 (Miss.1995). The hearing procedures for such terminations are those set out in Mississippi Code section 37-9-111, (Rev. 1996). Section 37-9-111(4) establishes that the dismissed employee is entitled to a hearing before the school board (or a hearing officer), at which the employee may “present matters relevant to the reasons given” for the board’s decision, present witnesses and other evidence on his own behalf, and cross-examine the witnesses against him. Id. Even further, the statute provides that the school board can base its decision solely on the matters presented before it and notify the employee in writing of its final decision. Id..

¶ 6. Pursuant to the statutory scheme, the hearing officer does not act as the ultimate finder of fact and does not have any decision-making authority on the ultimate issue. Miss.Code Ann. § 37-9-111(4) (Rev. 1996). The hearing officer’s statutory role is to maintain order at the [1033]*1033hearing and assure that the evidence presented by the participants is limited to those matters applicable to the issues. Id. Specifically, section 37-9-111(4) provides that “[t]he board shall review the matters presented before it, or if the hearing is conducted by a hearing officer, the record of the proceedings and, based solely thereon, conclude whether the nonreemployment determination is a proper employment decision.... ” Miss.Code Ann. § 37-9-111(4) (Rev. 1996).

¶ 7. Once the school board determines that the termination was proper following a hearing, the school employee may appeal the decision to the appropriate chancery court. Miss.Code Ann. § 37-9-113 (Rev. 1996). The chancery court’s appellate review is limited, however, to a review of the record before the school board. Id. According to the statute, the chancellor is required to determine if the school board’s actions in terminating an employee were unlawful or because such actions were (a) in violation of some statutory or constitutional right of the employee; (b) arbitrary or capricious; or (c) not supported by substantial evidence. Miss.Code Ann. § 37-9-113 (Rev. 1996). If the employee elects to appeal the chancery court’s decision, then this Court is required to employ a similar standard of review. Harris, 655 So.2d at 901.

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Bluebook (online)
770 So. 2d 1030, 2000 Miss. App. LEXIS 527, 2000 WL 1669881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crockett-v-board-of-trustees-for-the-mound-bayou-schools-missctapp-2000.