Dokmo v. Independent School District No. 11

459 N.W.2d 671, 1990 Minn. LEXIS 288, 1990 WL 127213

• Court: Supreme Court of Minnesota
• Decided: August 31, 1990
• Docket: C2-89-190
• Status: Published

Opinions

POPOVICH, Chief Justice.

Appellant Independent School District No. 11, Anoka-Hennepin, declined to reinstate respondent teacher Kristine Dokmo following her return from an extended leave of absence. Dokmo commenced a declaratory judgment action in district court challenging the school district’s decision. After finding Dokmo had been a substitute teacher during her extended leave, the district court granted partial summary judgment to Dokmo and ordered the school district to reinstate her. The Minnesota Court of Appeals affirmed, holding a declaratory judgment action was an appropriate proceeding to challenge the school district’s action. We now reverse.

I.

Kristine Dokmo, a 13-year teacher with Independent School District No. 11, Anoka-Hennepin (school district), requested and was granted a five year extended leave of absence, beginning July 1, 1983. Extended leaves of absence may be granted on a one-time basis pursuant to Minn.Stat. § 125.60, subd. 2 (1988). During her leave of absence, Dokmo moved with her husband to LeSueur, where she eventually accepted a one-year contract as a substitute elementary art teacher with Independent School District No. 393, LeSueur, Minnesota. The contract stated that Dokmo was a long-term substitute teacher and that she waived any continuing contract rights. Because the teacher she replaced continued on leave, Dokmo remained as a long-term substitute teacher, subsequently signing three additional one-year contracts.

On January 26, 1987, Dokmo notified the Anoka-Hennepin school district that she wished to return to that district before the expiration of her extended leave. On February 2, 1987, the district informed Dokmo it would consider her request. A week later, the district notified Dokmo the expiration of her leave had been advanced and her return date was moved to July 1, 1987. The school district later discovered Dokmo had been employed with the LeSueur district during her leave of absence. On March 13, 1987, the school district told Dokmo that it would treat her employment during leave as a voluntary resignation. Dokmo responded that she had not violated the terms of her leave because she was hired as a substitute teacher. The LeSueur district indicated their intent was to hire Dokmo as a long-term substitute and sent copies of Dokmo’s contracts. Anoka-Hen-nepin wrote Dokmo her employment as a full-time/full-year “teacher” violated the extended leave agreement. On April 16, 1987, the district sent Dokmo a letter stating on April 13, 1987 the school board had accepted her resignation effective July 1, 1987. Although Dokmo and her attorney later met with school district officials to discuss the matter, the issue was never resolved.

Dokmo commenced a declaratory judgment action in Anoka County District Court. The trial court granted partial summary judgment in her favor, declaring Dok-mo had been a substitute teacher during her leave and had not taken a “full-time or part-time position as a teacher” within the meaning of Minn.Stat. § 125.60, subd. 6a (1988). The trial court found further that Dokmo had waived any continuing contract rights as a substitute teacher under Minn. Stat. § 123.35, subd. 5 (1988). The school district was then ordered to reinstate Dok-mo, and appealed. After finding jurisdiction, a split court of appeals panel affirmed. Dokmo v. Independent School Dist. No. 11, Anoka-Hennepin, 443 N.W.2d 231 (Minn.App.1989). This court granted further review.

II.

Review of this case was granted primarily to determine whether a petition for writ of certiorari is the exclusive means for reviewing a school board’s action, regardless of whether the teacher had a right to or an opportunity for a hearing. A divided court of appeals panel held Dokmo’s declaratory judgment action was a proper method for obtaining review of the school board’s decision. The court of appeals panel reasoned that when a teacher is denied reinstatement from an extended leave of absence without a hearing, review by writ of certiorari becomes impractical because the record on review is underdeveloped or nonexistent. However in Strand, a teacher termination case just like the present case, we held “it was the intention of the legislature and this court in its rulemaking capacity to vest certiorari jurisdiction for cases of this nature in the court of appeals.” Strand v. Special School Dist. No. 1, 392 N.W.2d 881, 883 (Minn.1986). It is a rule this court has consistently applied and stressed, not only for its practical application, but as recognizing the separation between branches of government and our standard of review.

This court s longstanding rule and repeated holding has been that the proper and only method of appealing school board decisions on teacher related matters is by writ of certiorari. Past decisions amply illustrate this point. In 1942, this court said:

Complete jurisdiction cannot, either directly or indirectly, be conferred upon the courts [to review school board decisions] in view of the constitutional division of the powers of government. * * * [Y]et a limited jurisdiction by way of certiorari, and in some cases by statutory appeal, is conferred upon the courts. This is necessarily confined to questions affecting the jurisdiction of the board, the regularity of its proceedings, and, as to merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of the law, or without any evidence to support it. A court cannot put itself in the place of the board, try the matter de novo, and substitute its findings for those of the board. * * *

It is significant that the tenure act itself gives no right of appeal, leaving a discharged teacher only the right to a review by a prerogative writ. * * * [W]rits, such as certiorari, * * * cannot be used to review decisions purely of fact or to determine the weight of evidence, nor to review decisions based upon conflicting evidence.

State ex rel. Ging v. Bd. of Educ. of Duluth, 213 Minn. 550, 570-71, 7 N.W.2d 544, 556 (1942) (emphasis added; citation omitted), overruled in part on other grounds, Foesch v. Independent School Dist. No. 646, 300 Minn. 478, 223 N.W.2d 371 (1974). Since the Ging decision this court has reaffirmed the rule several times. We have stated, “Teacher dismissals have historically been afforded only appellate review by writ of certiorari * * *.” Grinolds v. Independent School Dist. No. 597, Erskine, 346 N.W.2d 123, 127 (Minn.1984) (emphasis added). In Moberg v. Independent School Dist. No. 281, 336 N.W.2d 510, 519 (Minn. 1983), we said “a writ of certiorari is the proper form for challenging a school closing decision, rather than the declaratory judgment action brought in this case.” (Emphasis added.) Finally, we recently reiterated, “The appropriate procedure to challenge a school board reinstatement and realignment decision hereafter is by a writ of certiorari.” Harms v. Independent School Dist. No. 300, LaCrescent, 450 N.W.2d 571, 577 (Minn.1990) (emphasis added). The court of appeals too has followed the rule requiring use of certiorari. See, e.g., Silver Bay Area Citizens Concerned for Quality Educ. v. Lake Superior School Dist. No. 381, 448 N.W.2d 92, 94 (Minn.App.1989) (holding “[a] writ of certio-rari is the proper form of action for challenging a school district’s decision,” while refusing to hear issues appealed by any method other than writ of certiorari) (emphasis added), pet. for rev. denied (Minn. Jan. 23, 1990); Collins v. Independent School Dist. No. 745, 416 N.W.2d 174, 177 (Minn.App.1987) (“Certiorari is the correct method of challenging school district actions.”) (emphasis added). Although this court could not have been any clearer than stating certiorari is the “only,” the “proper,” and the “appropriate” method to appeal school board decisions, these decisions express far more than a preference towards one means of obtaining review.

Constitutional principles of separate governmental powers require that the judiciary refrain from a de novo review of administrative decisions. We have often refused to allow de novo réview of action taken by non-judicial entities. We said:

Before discussing the precise standards which apply to review of administrative agency decisions as they have emerged from our prior decisions, it is appropriate to reiterate general principles which govern our courts in dealing with all such cases. The legislature may not constitutionally delegate to the judiciary duties which are essentially administrative in character. We have consistently viewed with disfavor statutes which specify trials de novo and which attempt to confer original jurisdiction on trial courts over policy matters which are the responsibility of the legislative and executive branches. * * * We have repeatedly called attention to the danger of eroding the barriers which guarantee the separation of powers.

Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 824 (Minn.1977). Through certiorari, constitutional guarantees are protected when a reviewing court exercises only limited jurisdiction over the decisions of school boards. Separation of powers principles dictate the continued adherence to limited review by writ of certiorari, and the standards for reviewing school board decisions properly recognize the limited judicial role. Whaley v. Anoka-Hennepin Indep. School Dist. No. 11, 325 N.W.2d 128, 130-31 (Minn.1982) (“This limited judicial role in the application of substantial evidence stems from the recognition that considerable judicial deference should be extended to the fact-finding processes of a school board * * *.”). Since at least 1936 this court has taken a deferential approach to school board teacher discharge decisions. See Anderson v. Consolidated School Dist. No. 144, Hennepin County, 196 Minn. 256, 257-58, 264 N.W. 784, 785 (1936) (applying a “bad faith, arbitrary or capricious” standard to a teacher termination). This standard was refined in Ging, where this court created the following standard:

While a school board in the exercise of its power of removal of teacher is a quasi judicial body, it does not thereby lose its identity as an administrative body and become a court; hence the regularity of its action cannot be tested by strict legal rules prevailing in court proceedings. The right of review to determine whether its findings are based upon substantial evidence or whether they are arbitrary, oppressive, and therefore in excess of its powers satisfies the requirements of due process.

* * * neither the district court on cer-tiorari nor this court on appeal [can] interfere with the school board in its discretion as to the existence of statutory grounds for discharge, provided the board acted in good faith and on a correct interpretation of the law.

213 Minn. at 564-65, 571-72, 7 N.W.2d at 553, 556 (citations omitted). Under the standard of review currently applicable, a school board determination will be reversed when it is fraudulent, arbitrary, unreasonable, unsupported by substantial evidence, not within its jurisdiction, or based on an error of law. See Foesch v. Independent School Dist. No. 646, 300 Minn. 478, 485, 223 N.W.2d 371, 375 (1974). The school board must make specific findings supporting its decision. If the findings are insufficient, the case can be either remanded for additional findings or reversed for lacking substantial evidence supporting the decision. Our decision in Ging supports remand for additional findings, where we stated, “The remand is made to permit further evidence to be taken or additional findings to be made in accordance with the applicable law.” 213 Minn. at 589, 7 N.W.2d at 564. See also Roseville Educ. Ass’n v. Independent School Dist. No. 623, 391 N.W.2d 846, 852 (Minn.1986); State ex rel. Haak v. Board of Educ. of Indep. School Dist. No. 625, St. Paul, 367 N.W.2d 461, 466-68 (Minn.1985), reh’g denied (Minn., Jul. 24, 1985); State ex rel. Dreyer v. Board of Educ. of Indep. School Dist. No. 542, Battle Lake, 344 N.W.2d 411, 414 (Minn.1984); Herfindahl v. Independent School Dist. No. 126, Clara City, 325 N.W.2d 36, 39 (Minn.1982); Morey v. School Board of Indep. School Dist. No. 492, Austin, 268 Minn. 110, 115-16, 128 N.W.2d 302, 306-07 (1964). School board decisions, however, have also been reversed for failing to show a substantial basis in the record or for misapplying the applicable law. E.g., Ganyo v. Independent School Dist. No. 832, 311 N.W.2d 497, 500-01 (Minn.1981); Liffrig v. Independent School Dist. No. 443, Oslo, 292 N.W.2d 726, 729-30 (Minn.1980); Ruter v. Independent School Dist. No. 347, 364 N.W.2d 823, 826 (Minn.App.1985), pet. for rev. denied (Minn. June 14, 1985).

By contrast, declaratory judgment actions invite a de novo review by the district courts. When declaratory judgment is used in place of certiorari, the district court is not bound by the school board’s factual findings. Minn.Stat. § 555.09 (1988). This was the very procedure rejected as early as Ging:

There are, however, some constitutional difficulties in granting to courts a trial de novo, for, as we shall point out later, the door has been closed to complete judicial review on questions of fact, the sole permissible inquiry being whether there is any evidence to sustain the findings of the administrative board.

213 Minn. at 567, 7 N.W.2d at 554. Use of declaratory judgments contravenes the standards this court has consistently applied to school board decisions. E.g., Atwood v. Independent School Dist. No. 51, Foley, 354 N.W.2d 9, 11 (Minn.1984) (“This court reviews a school board’s decision to terminate a teacher by looking at the entire record. This matter is, however, not heard de novo, and this court may not substitute its judgment for that of the school board.”) (emphasis added); Kroll v. Independent School Dist. No. 593, 304 N.W.2d 338, 342 (Minn.1981) (a court in a school case is not at “liberty to hear the case de novo and substitute its findings for those of the school board.”). For 50 years school board decisions have been reviewed by writ of certiorari under a standard recognizing the judiciary’s limited role over administrative bodies; a role that is neither enlarged or diminished by the want of a hearing.

The court of appeals panel focused on the necessity of a hearing to secure proper appellate review via a writ of certio-rari. A hearing, however, has never been a requirement before petitioning for certiora-ri. See Minn.Stat. ch. 606 (1988). By its very nature, review by writ of certiorari is based solely on the record before the school district. Amdahl v. County of Fillmore, 258 N.W.2d 869, 874 (Minn.1977); Minn.Stat. § 606.01 (1988). A court acts in an appellate capacity by reviewing the school board’s record, whatever that record might be, regardless of whether a hearing was provided below. This court recently noted that when using certiorari:

The record shall include: (1) any notice of the vacancy or position to be filled and any material relating to the determination of what position is to be filled; (2) all teacher correspondence requesting recall and realignment; (3) any realignment proposals considered; (4) reasons for adoption or rejection of each such proposal; (5) any recommendation of the school administration to the school board; and (6) any school board action taken together with reasons for the selection made. Review of the writ of certiorari shall be based on the record made before the school board * * *.

Harms, 450 N.W.2d at 577 (emphasis added). Whether an appellate court can adequately review a school district’s decision in no way depends on whether there was a hearing. Indeed, a hearing does not, in itself, guarantee an adequate record. The existence of a hearing is an entirely different question than the existence of a record for appellate review. Minnesota appellate courts have often reviewed school board decisions by writ of certiorari where no hearing took place, finding nothing inadequate about the record produced. E.g., Roseville, 391 N.W.2d at 847-49; Allen v. Board of Educ. of Indep. School Dist. No. 582, Jasper, 435 N.W.2d 124, 125-26 (Minn.App.1989), pet. for rev. denied (Minn. Apr. 19, 1989); Collins, 416 N.W.2d at 176-77; Evans v. Independent School Dist. No. 281, 396 N.W.2d 616, 617-19 (Minn.App.1986); Grinolds v. Independent School Dist. No. 597, 366 N.W.2d 667, 667-68 (Minn.App.1985).

In Roseville, we made clear that a writ of certiorari is the proper method for review when we dismissed the claims of eight teachers, who did not have a hearing, because their writs “did not issue until the 61st day after they had received notice of their placement on leave. Issuance of the writ within 60 days is a jurisdictional prerequisite to judicial review.” Roseville, 391 N.W.2d at 849. In Harms, there was no hearing requirement for reinstatement for unrequested leave of absence, even though certiorari was the “appropriate” procedure to use. 450 N.W.2d at 577. A different rule cannot apply to reinstatement from a voluntary leave of absence.

While a record is essential to review by writ of certiorari, there is no statutory or other requirement that there must be a hearing in order to create an adequate record. The burden of making a record, like the burden of proof, falls on the school board. It is the school board’s obligation to make a sufficient record to prove its actions were justified. The “record” for judicial review must be the “proceedings” and actions of the board. Minn.Stat. § 606.01. In Grinolds, for instance, we held a lower court could not make de novo findings of fact; instead it had to review the action of the school board. 346 N.W.2d at 127-28. It is the school board’s decision that is reviewed by Minnesota appellate courts. As this court said in Ging:

The adoption of a liberal construction to combat the evils to which the [teacher tenure] law was directed does not permit a construction so benevolent toward teachers that, by eliminating one evil, we create another: that of transferring from the school boards, the duly elected representative of the parents, taxpayers and other electors of the school district, to the teachers and the courts the management, supervision, and control of our school system vested in such boards by other statutes.

213 Minn. at 568-69, 7 N.W.2d at 555. The notion that a teacher is obligated to make a record is supported by neither precedent nor the standard of review.

Even if we were to hold declaratory judgment permissible, Dokmo’s own complaint indicates that declaratory judgment is not appropriate here. Dokmo alleges that the district “unlawfully failed and refused” requested reinstatement and that “termination, if effective, was without cause and contrary to the provisions of Minn.Stat. § 125.12.” Dokmo sought “an order of the court directpng the school board] to immediately reinstate [Dokmo] as a teacher.” This action does not seek the redress afforded by declaratory judgment actions under Minn.Stat. §§ 555.01-.02 (1988); rather it is an attack on the school board’s decision to terminate or not reinstate a teacher. It is exactly the type of decision for which the writ of certiorari has been used for so many years. Since the school board record in this case is not extensive, it is conceivable that the district would not have met its burden of proving substantial evidence supporting its decision or the case may have been remanded for additional findings. The district’s obligation to support its decision, however, only arises when the teacher has used the proper procedure for appealing the board’s decisions, which is a writ of certiorari.

III.

Besides the underlying constitutional separation of powers principles, there are very strong practical reasons for using only certiorari to review school board decisions. The use of appellate procedures other than the writ of certiorari would be costly for school districts and taxpayers. School districts need to make personnel decisions economically and expeditiously. Declaratory judgments lead to cases where, like the present appeal, significant time passes between the school board’s action and the filing of the complaint. This court recently recognized the reason declaratory judgment actions are inappropriate in the school setting is because they take too long to proceed through the courts. Harms, 450 N.W.2d at 577 (supreme court decision two and one-half years after declaratory judgment action filed). Since neither the declaratory judgment act nor the teacher tenure statutes have separate limitations provisions, the applicable statute of limitations for teacher employment contracts would be six years. Minn.Stat. § 541.05, subd. 1(1) (1988). The writ of certiorari procedure, however, contains a 60-day limitations period, Minn. Stat. § 606.01 (1988), no discovery procedures, with direct appeal to the court of appeals for review of the school board's record. School districts will hesitate to dismiss or refuse to rehire a teacher if every decision is met with de novo review and a six-year period before a declaratory judgment action need be commenced. The time to process a declaratory judgment action must also be considered. The potential school district liability for damages if a declaratory judgment action is brought six years after a school board decision is admittedly considerable. Since the enactment of the writ of certiorari statute, Act of April 22, 1909, ch. 410, 1909 Minn.Gen. Laws 490, codified at Minn.Stat. ch. 606 (1988), review of school board decisions by writ of certiorari, with its strong underlying constitutional and practical principles, has been efficient and successful. Rescinding it now by permitting this action would be unwise.

Dokmo argues the door to review by declaratory judgment action has never been firmly shut. If our past decisions have not done so, we do so today. While this court and the court of appeals may have reviewed school cases commenced via a declaration judgment action, we have never held a declaratory judgment action was a proper procedure for challenging school board decisions. In all the declaratory judgment cases subject matter jurisdiction was not in issue. Our research does not reveal a single case holding declaratory judgment action an appropriate method for obtaining review of a school board decision. In fact, although subject matter jurisdiction was not in issue in Harms, this court recently said:

[W]e are troubled * * * that this [declaratory judgment] case did not reach us until two and one-half years after it was filed. The appropriate procedure to challenge a school board reinstatement and realignment decision hereafter is by writ of certiorari.

450 N.W.2d at 577. Similarly, in Moberg we stated “a writ of certiorari is the proper form of action for challenging a school closing decision, rather than the declaratory judgment action brought in this case.” 336 N.W.2d at 519. Thus, even when not in issue, this court has twice noted that the declaratory judgment action is an incorrect method for challenging school board decisions.

IV.

Because incorrect procedure was used for challenging the school board’s decision and a writ of certiorari was not filed within 60 days of the school board decision of April 13, 1987, the district court lacked subject matter jurisdiction to decide the matter. We need not, therefore, reach the remaining substantive issues raised in this appeal. An action to challenge a school district’s teacher reinstatement or termination decision must proceed by writ of certiorari as provided by Minn.Stat. ch. 606.

Reversed.