David J. Alba v. Cranston School Committee

90 A.3d 174, 38 I.E.R. Cas. (BNA) 500, 2014 WL 1998750, 2014 R.I. LEXIS 68
CourtSupreme Court of Rhode Island
DecidedMay 16, 2014
Docket2012-66-M.P
StatusPublished

This text of 90 A.3d 174 (David J. Alba v. Cranston School Committee) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David J. Alba v. Cranston School Committee, 90 A.3d 174, 38 I.E.R. Cas. (BNA) 500, 2014 WL 1998750, 2014 R.I. LEXIS 68 (R.I. 2014).

Opinion

OPINION

Justice INDEGLIA,

for the Court.

This case is before the Court on a writ of certiorari. David J. Alba (Alba) petitioned this Court to review a decision of the Board of Regents for Elementary and Secondary Education (Board of Regents). The Board of Regents affirmed a decision of the Commissioner of Education which upheld the Cranston School Committee’s vote to reject a recommendation to renew Alba’s employment contract. For the reasons set forth in this opinion, we affirm the decision of the Board of Regents.

I

Facts and Travel

Alba was appointed in the beginning of the 2007-2008 school year to serve as Principal of Glen Hills Elementary School in Cranston, Rhode Island. Thereafter, Alba and the Cranston School Committee entered into an employment contract (contract) for the following school year. The contract ran from July 1, 2008 to June 30, 2009 and provided the following with regard to renewal:

“The parties hereto may, by mutual agreement in writing, extend or renew this contract for additional periods * * *. In the event that the Committee does not affirmatively vote to extend or renew this contract on or before December 30, 2008, the Contract is automatically terminated and the Administrator shall be deemed non-renewed as of July 1, 2009. In the event of automatic termination and non-renewal, the Administrator may request a hearing before the Committee and be afforded any rights available under applicable law. Nothing contained in this agreement shall alter the Administrator’s rights under R.I.G.L. [§] 16-12.1-3, or otherwise under R.I.G.L. [§] 16-12.1-1, et seq.”

General Laws 1956 chapter 12.1 of title 16, known as the “School Administrators’ Rights Act,” (the act) affords certain protections to school administrators who are not otherwise protected by the terms of a collective-bargaining agreement.

In a letter dated December 9, 2008, the Cranston School Committee (committee) informed Alba that it would be discussing his contract at its upcoming meeting on December 15, 2008. The letter also informed Alba that he could request the committee’s discussion of his contract be held in open session, but Alba did not make such a request. At the December meeting, Superintendent M. Richard Seherza recommended renewal of Alba’s contract for an additional year. 1 Committee member Frank Lombardi stated that he would support continuing Alba’s employment for an additional year, provided that Alba was assigned to a different school. The representative for the ward containing Glen Hills School, committee member Andrea Iannazzi, voiced her opposition to renewing Alba’s contract. After the chairman of the committee suggested *178 that more time be taken to consider Alba’s contract, the committee agreed to withdraw the resolution recommending renewal.

The committee continued its discussion of Alba’s employment at its meeting on March 16, 2009. At the March meeting, Superintendent Scherza informed the committee that Alba was amenable to transferring schools. He stressed that Alba was a “good educator” under whose leadership writing scores had improved. Member Iannazzi opined, however, that renewing Alba’s contract for another year would be “postponing the inevitable.” 2 The committee again took no action on Alba’s contract. Sometime during that same month, Superintendent Scherza completed an evaluation of Alba’s performance as principal. He rated Alba as either “proficient” or “adequate” in all areas but noted several ways in which Alba needed to improve his performance. 3

On April 20, 2009, the committee took up consideration of Alba’s contract for the third time. The committee discussed Alba’s contract in executive session 4 and then voted six-to-one in open session to reject Superintendent Scherza’s renewal recommendation. Immediately after voting on Alba’s contract, the committee — still in open session — considered a recommendation not to renew the contract of another principal at a different elementary school. During the discussion that ensued, member Lombardi compared Alba’s case to the other principal’s case by remarking that “he voted * * * the way he did [on Alba’s renewal] because of what he saw as a significant amount of evidence suggesting that [Alba] is not prepared or equipped for the job of a principal,” whereas “he had not had that kind of information submitted to him in any way, shape or form regarding [the other principal].”

The chairman informed Alba of the committee’s vote by letter dated May 8, 2009. In an explanation of the committee’s decision, the chairman wrote, “[t]he reason for this action is that there are more qualified individuals available to better meet the needs of the District.” The letter also advised Alba that he was entitled to a prompt hearing “prior to the School Committee taking a final action of not renewing your contract!.]” Alba notified the committee of his intent to exercise his right to a hearing and requested that the committee provide him with certain information that he felt he needed to prepare for the hearing. In particular, Alba requested that the committee “identify the individual or individuals who provided the information upon which [it] relied in non-renewing * * * Alba’s contract.” He further asked for two specific witnesses to be made available to testify at the hearing. In the weeks leading up to the hearing, Alba’s counsel made additional requests by email for information about the committee’s vote, including any records of the executive session at the April 20, 2009 meeting and a copy of his personnel file. In response, the committee’s counsel confirmed that the requested witnesses would be available and provided Alba with a copy of his per- *179 s'onnel file. The committee’s counsel informed Alba, however, that he was not entitled to the minutes from the committee’s executive sessions, emphasizing that there was no right to discovery in advance of the hearing. 5

The committee held a hearing on the nonrenewal of Alba’s contract on June 30, 2009, the evening before the contract was due to expire. Member Iannazzi and member Janice Ruggieri, acting on the advice of the committee’s counsel, recused themselves from participating in the hearing. Member Lombardi declined to recuse himself despite Alba’s insistence that his comments at the April 20, 2009 meeting evinced a disqualifying bias. 6

When the hearing commenced, Alba’s counsel requested a continuance, citing the committee’s failure to provide him with the information he had been seeking. He renewed his requests for the executive session minutes from the committee’s discussions of Alba’s employment and any documentation that the committee may have relied upon in reaching its decision that there were others with qualifications superior to Alba’s. Counsel asserted that, without this information, he could not effectively represent Alba at the hearing. In response, the committee’s counsel 7

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

Related

Kizer v. Dorchester County Vocational Educational Board of Trustees
340 S.E.2d 144 (Supreme Court of South Carolina, 1986)
Taylor v. Crisp
212 S.E.2d 381 (Supreme Court of North Carolina, 1975)
Slattery v. School Committee of Cranston
354 A.2d 741 (Supreme Court of Rhode Island, 1976)
Jacob v. Board of Regents for Education
365 A.2d 430 (Supreme Court of Rhode Island, 1976)
Richardson v. Terry
893 So. 2d 277 (Supreme Court of Alabama, 2004)
McKenzie v. Webster Parish School Bd.
609 So. 2d 1028 (Louisiana Court of Appeal, 1992)
Rubano v. DiCenzo
759 A.2d 959 (Supreme Court of Rhode Island, 2000)
Mill Realty Associates v. Crowe
841 A.2d 668 (Supreme Court of Rhode Island, 2004)
School Committee of Providence v. Board of Regents for Education
429 A.2d 1297 (Supreme Court of Rhode Island, 1981)
Gallison v. Bristol School Committee
493 A.2d 164 (Supreme Court of Rhode Island, 1985)
D'Ambra v. North Providence School Committee
601 A.2d 1370 (Supreme Court of Rhode Island, 1992)
Asadoorian v. Warwick School Committee
691 A.2d 573 (Supreme Court of Rhode Island, 1997)
In Re Review of Proposed Town of New Shoreham Project
25 A.3d 482 (Supreme Court of Rhode Island, 2011)
Kingston Hill Academy v. Chariho Regional School District
21 A.3d 264 (Supreme Court of Rhode Island, 2011)
Cochran v. Board of Education
815 S.W.2d 55 (Missouri Court of Appeals, 1991)
Palmer v. Van Buren R-1 Board of Education
872 S.W.2d 590 (Missouri Court of Appeals, 1994)
Hubbard v. Board of Education
882 P.2d 483 (Court of Appeals of Kansas, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
90 A.3d 174, 38 I.E.R. Cas. (BNA) 500, 2014 WL 1998750, 2014 R.I. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-j-alba-v-cranston-school-committee-ri-2014.