Dotterer v. School District of Allentown

92 A.3d 875, 2014 WL 2199762, 2014 Pa. Commw. LEXIS 294
CourtCommonwealth Court of Pennsylvania
DecidedMay 28, 2014
StatusPublished
Cited by12 cases

This text of 92 A.3d 875 (Dotterer v. School District of Allentown) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dotterer v. School District of Allentown, 92 A.3d 875, 2014 WL 2199762, 2014 Pa. Commw. LEXIS 294 (Pa. Ct. App. 2014).

Opinions

OPINION BY

Judge SIMPSON.

James C. Dotterer (Dotterer) appeals an order of the Court of Common Pleas of Lehigh County (trial court) that dismissed his mandamus complaint against the School District of the City of Allentown (District) and its Board of School Directors (Board) for lack of jurisdiction. The trial court held Dotterer failed to exercise his administrative remedies under the Public School Code of 1949 (School Code).1 More specifically, it determined that the School Code set forth the exclusive remedy for challenging a demotion, which required Dotterer to appeal his underlying claims to the Secretary of Education (Secretary). Upon review, we affirm.

I. Background

Dotterer worked for the District for more than 33 years. For the last eight years, he was an assistant high school principal, a professional employee under the School Code. In that capacity, Dotterer was the beneficiary of a compensation plan established pursuant to Act 932 (Plan). The Plan established fringe benefits, including retirement benefits, for principals, assistant principals and administrators.

The timing of events is material. On June 21, 2011, Dotterer took a medical leave of absence from his employment as an assistant principal as a result of shoulder surgery. On June 29, 2011, while still on medical leave, he met with the District’s deputy superintendent, Dr. Russell Mayo. At that time, Mayo informed Dotterer that the District intended to demote him to a teaching position, effective July 1, 2011. This demotion would reduce his annual salary from $100,500 to $80,000. Also, as a teacher, Dotterer would not be entitled to receive fringe benefits, including retirement benefits, from the Plan.

On July 1, 2011, Dotterer received a letter from Mayo, entitled “Notice of Intent to Demote.” Reproduced Record (R.R.) at 15a. The letter advised Dotterer that the District intended to demote him for performance reasons. The Notice did not state an effective date for the demotion. Dotterer elected to challenge the demotion. He timely requested a demotion hearing.

Initially, a demotion hearing was scheduled for August 8, 2011. However, with Dotterer’s consent, the demotion hearing was repeatedly continued throughout 2011 and 2012 to allow Dotterer and the District to pursue settlement. During this time, Dotterer remained on medical leave, and the District paid him at the teacher rate.

Before the Board held a hearing or passed a resolution effectuating his demotion, Dotterer requested a retirement estimate from the Public School Employees’ Retirement System. As soon as he became age eligible, on August 21, 2012, Dotterer submitted his letter of retirement to the District, effective immediately.3

[879]*879Finally, by letter dated August 24, 2012, the District rescheduled the demotion hearing for September 19, 2012. Dotterer responded that there was no need to proceed with the hearing because his retirement rendered the demotion hearing moot. He advised the District that the School Code could not bind him because he was no longer a professional employee subject to the Board’s jurisdiction. Nevertheless, Dotterer asserted that he remained entitled to the School Code’s protection of his assistant principal status.

After he learned that the District intended to proceed with the demotion hearing, Dotterer sought a temporary restraining order from the trial court to prevent the hearing. The trial court denied his request.

Days before the scheduled demotion hearing, Dotterer filed a complaint in mandamus seeking back pay and retirement benefits as an assistant principal from the date of his de facto demotion, through the date of his retirement. He predicated his complaint on the assumption that the demotion was unlawful, and that he retired as an administrator, not as a teacher. Dotterer also proceeded as though the School Code, and the attendant administrative process for disputing demotions, did not apply to retirees. He contended the demotion never became effective because the Board did not act on it before he retired.

Significantly, after filing his mandamus complaint, Dotterer “withdrew” his request for a demotion hearing. R.R. at 99a; see also Appellant’s Br. at 6, 8.

In his complaint, Dotterer asserted the Board’s attempt to demote a retired employee violated Section 1151 of the School Code, 24 P.S. § 11-1151. Complaint at ¶ 34, R.R. at 13a. Dotterer contended the District had a mandatory and ministerial duty to pay him the salary and benefits owed to an assistant principal from July 1, 2011, to his retirement on August 21, 2012. This is because the Board did not demote him before he retired, and Board action is required to effectuate a demotion. Dotterer also argued the Board was dilatory because it should have scheduled a hearing upon learning he would not consent to a demotion.

On September 27, 2012, at a public meeting, the Board adopted a resolution demoting Dotterer from assistant principal to teacher. The resolution stated the demotion became effective July 1, 2011, over a year prior to Dotterer’s retirement. Importantly, Dotterer did not appeal this action of the Board to the Secretary.

Subsequently, the District and the Board filed preliminary objections to Dot-terer’s complaint, asserting the trial court lacked subject matter jurisdiction. They contended the School Code required Dot-terer to appeal the Board’s demotion, or its delay in scheduling a demotion hearing, to the Secretary. They also argued Dot-terer failed to avail himself of this adequate administrative remedy. Moreover, Dotterer waived his right to a demotion hearing.

The trial court sustained the District’s preliminary objections, concluding the matters raised in Dotterer’s complaint were within the Secretary’s exclusive jurisdiction. The trial court rejected Dotterer’s contention that the statutory procedure for demotion in the School Code did not apply to a retired professional employ[880]*880ee. Rather, the School Code established an adequate remedy that Dotterer was obligated to utilize to challenge the de facto demotion. Based on lack of jurisdiction and an available administrative remedy for demotion disputes, the trial court dismissed the complaint.4

On appeal, Dotterer asserts the trial court erred by dismissing his complaint. He contends the District’s act of paying him a reduced salary since July 1, 2011, did not constitute a lawful demotion. The Board’s subsequent ratification did not cure the illegality because a demotion cannot be retroactive. Because the Board’s demotion resolution was a nullity, Dotterer argues the trial court had jurisdiction to compel the District to provide his salary and benefits as an administrator.

II. Discussion

Initially, Dotterer requested a hearing on the de facto demotion. Before the hearing was held, he retired. When faced with the upcoming hearing on the demotion, Dotterer tried to enjoin the hearing, and, when unsuccessful, he withdrew his hearing request. These facts impact our review of the trial court’s decision on the preliminary objections, particularly as to its jurisdiction over the underlying demotion dispute.

A. Legal Standard for Preliminary Objections

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Bluebook (online)
92 A.3d 875, 2014 WL 2199762, 2014 Pa. Commw. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dotterer-v-school-district-of-allentown-pacommwct-2014.