Dryden v. Marcellus Community Schools Board of Education

250 N.W.2d 782, 73 Mich. App. 40, 1976 Mich. App. LEXIS 655
CourtMichigan Court of Appeals
DecidedDecember 10, 1976
DocketDocket 26125
StatusPublished
Cited by4 cases

This text of 250 N.W.2d 782 (Dryden v. Marcellus Community Schools Board of Education) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dryden v. Marcellus Community Schools Board of Education, 250 N.W.2d 782, 73 Mich. App. 40, 1976 Mich. App. LEXIS 655 (Mich. Ct. App. 1976).

Opinions

[43]*43M. F. Cavanagh, J.

Plaintiff Robert Dryden sought a writ of mandamus in the Cass County Circuit Court to compel the defendants to offer him employment as a full-time tenured teacher for the 1975-1976 school year. After a show cause hearing, the trial court denied relief, and the plaintiff appeals. We reverse.

Plaintiff was employed as a probationary teacher by the defendants for the 1973-1974 and 1974-1975 school years. On March 24, 1975, the defendant board of education held a private executive session at which it discussed the plaintiff’s employment record and his future employment status. Immediately thereafter, the board met in public session, and without further discussion of the plaintiff’s competence, voted to terminate the plaintiff’s employment status as of the end of the school year. The minutes of the March 24 meeting reflect the public board action:

"Moved by Varetta Powers, supported by Richard Schug, that the following teacher be released at the end of the school year. Robert Dryden. All ayes, motion carried.”

On March 26, 1975, a letter notifying the plaintiff of the board’s March 24 action was hand delivered to the plaintiff by the superintendent of schools. The letter detailed the reasons for the plaintiff’s dismissal and bore the signature of the superintendent.

On April 14, 1975, the board formally approved the minutes of the March 24 meeting.

On April 22, 1975, the plaintiff filed his complaint for a writ of mandamus in the circuit court.

On May 12, 1975, the board adopted a resolution in an attempt to "correct errors” in the minutes of the March 24 meeting. The May 12 resolution set [44]*44forth the reasons for the plaintiffs dismissal and authorized the superintendent to send a letter notifying the plaintiff of the March 24 board action.

On June 9, 1975, the 1974-1975 school year ended.

I

The failure of the board to publicly state the reasons for terminating the plaintiff-teacher’s employment violates the notice requirements of Article II, § 3 of the teachers’ tenure act, MCLA 38.83; MSA 15.1983.

The teachers’ tenure act provides a 60-day written notice protection for probationary teachers in MCLA 38.83; MSA 15.1983:

"Sec. 3. At least 60 days before the close of each school year the controlling board shall provide the probationary teacher with a definite written statement as to whether or not his work has been satisfactory. Failure to submit a written statement shall be considered as conclusive evidence that the teacher’s work is satisfactory. Any probationary teacher or teacher not on continuing contract shall be employed for the ensuing year unless notified in writing at least 60 days before the close of the school year that his services will be discontinued.”

The statute mandates that at least 60 days before the close of the school year a probationary teacher must be informed that his work is not satisfactory and that he will not be rehired. Weckerly v Mona Shores Board of Education, 388 Mich 731; 202 NW2d 777 (1972). The notice must be specific in indicating that the probationary teacher’s services were unsatisfactory. Munro v Elk Rapids Schools, 385 Mich 618; 189 NW2d 224 [45]*45(1971), adopting the minority opinion of Justice T.G. Kavanagh, 383 Mich 661, 688; 178 NW2d 450 (1970). The reasons for dismissal must appear in the termination notice: the board’s discretion with respect to termination of probationary teachers is not unfettered, and a mere declaration of "unsatisfactory” will not satisfy the statute. See Lipka v Brown City Community Schools, 59 Mich App 175; 229 NW2d 362 (1975), lv granted, 394 Mich 774 (1975).

Michigan courts have been vigilant in holding school administrations to the letter of this statute in recognition of due process requirements, e.g, Ferndale Education Association v School District for the City of Ferndale #2, 67 Mich App 645; 242 NW2d 481 (1976), and in recognition of the legislative purpose to protect teachers from arbitrary or vindictive administrative action. Justice T. G. Kavanagh noted in Munro v Elk Rapids Schools, supra, that:

"We are not saying that the board lacks any discretion to retain or not to retain a probationary teacher. The probationary period is just that — a period of proof. We are saying that the intent of the entire act was to eliminate capricious and arbitrary employment policies of local school boards. This includes the probationary as well as the tenure period of employment.” (Emphasis in original.) 383 Mich 691.

More recently, Justice Williams observed:

"There is much history behind the teachers’ tenure act. Before that act some school boards for favoritism, politics or other invalid reasons hired and fired teachers in an arbitrary and capricious manner without real regard either to the education of the pupils involved or to the teachers concerned. This was equally injurious to the future of our children, the efficacy and dignity of [46]*46the teaching profession and the welfare of our state. Only by establishing the right of the teacher during competence and good behavior to continue in his job once he had proven himself worthy and well qualified could parents and the state be assured their children would receive the education necessary to achieve fulfillment and to fit them to play their full roles in our society. The teachers’ tenure act assures that job right.” Shiffer v Board of Education of Gibraltar School Dist, 393 Mich 190, 212; 224 NW2d 255 (1974), opinion of Williams, J.

In this case, the plaintiff received written notice of the pending dismissal and its rationale; his complaint is that the board failed to take its action publicly, as required by MCLA 340.561; MSA 15.3561, which provides:

"All business which the board of any district is authorized to perform shall be done at a public meeting of the board and no act shall be valid unless voted at a meeting of the board by a majority vote of the members elect of the board and a proper record made of the vote. A meeting in which all members are present, with or without proper notice, shall be considered a legal meeting for the transaction of business. Meetings of the board shall be public meetings and no person shall be excluded therefrom. The board may hold executive sessions, but no ñnal action shall be taken at any executive session. The minutes of all board meetings must be signed by the secretary. In the absence of the secretary in any meeting, the president shall appoint a temporary secretary who shall sign the minutes of the meeting. In the absence of the president, the other members present shall elect a temporary president.” (Emphasis added.)

It is the general rule that all authorized business of boards of education must be performed at public meetings. Royal Oak School Dist v Schulman, 68 Mich App 589; 243 NW2d 673 (1976). Our [47]*47task is to harmonize the tenure act with the requirement that the board take its "final action” publicly. Both parties rely on Fucinari v Dearborn Board of Education, 32 Mich App 108; 188 NW2d 229 (1971), as support for their respective positions.

In Fucinari, the personnel director and the board discussed the plaintiff-probationary teacher’s employment status at an executive session.

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

Related

Dryden v. Marcellus Community Schools Board of Education
257 N.W.2d 79 (Michigan Supreme Court, 1977)
Andersen v. Adrian School District Board of Education
250 N.W.2d 786 (Michigan Court of Appeals, 1976)
Dryden v. Marcellus Community Schools Board of Education
250 N.W.2d 782 (Michigan Court of Appeals, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
250 N.W.2d 782, 73 Mich. App. 40, 1976 Mich. App. LEXIS 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dryden-v-marcellus-community-schools-board-of-education-michctapp-1976.