Giedra v. Mount Adams School Dist. No. 209

110 P.3d 232
CourtCourt of Appeals of Washington
DecidedApril 14, 2005
Docket23349-9-III
StatusPublished
Cited by2 cases

This text of 110 P.3d 232 (Giedra v. Mount Adams School Dist. No. 209) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giedra v. Mount Adams School Dist. No. 209, 110 P.3d 232 (Wash. Ct. App. 2005).

Opinion

110 P.3d 232 (2005)
126 Wash.App. 840

Gary T. GIEDRA and Caryl Spencer, Respondents,
v.
MT. ADAMS SCHOOL DISTRICT NO. 209, Appellant.

No. 23349-9-III.

Court of Appeals of Washington, Division 3, Panel One.

April 14, 2005.
Reconsideration Denied May 19, 2005.

*233 Rockney L. Jackson, Kenneth W. Harper, Menke, Jackson, Beyer & Elofson LLP, Yakima, WA, for Appellant.

Kevan T. Montoya, Attorney at Law, Yakima, WA, for Respondent.

BROWN, J.

¶ 1 Mount Adams School District appeals the trial court's summary judgment requiring it to conduct termination hearings for teachers (Gary T. Giedra and Caryl Spencer) under RCW 28A.405.300 and RCW 28A.405.310. Further, the District appeals the trial court's grant of summary judgment to the teachers on the issue of the District's repayment claims. Because the District violated the teachers' hearing rights and repayment is inappropriate, we affirm.

FACTS

¶ 2 Mr. Giedra was employed as a teacher at White Swan High School for the 2002-2003 school year. According to Mr. Giedra, he inadvertently allowed his teaching certificate to lapse in June 2002. In October 2002, Mr. Giedra discovered his teaching certificate *234 had expired and informed the principal, who told him to leave work early and initiate the process of reinstating his certificate. Mr. Giedra applied for a temporary teaching permit. He received a temporary teaching permit on November 14, 2002, and turned it in to the District office. Later that same day, Mr. Giedra received a letter dated November 12 from District superintendent, Mary Hall, informing him that he had been unconditionally terminated for not having a teaching certificate.

¶ 3 Ms. Spencer was employed as a teacher at Harrah Elementary School for the 2002-2003 school year. According to Ms. Spencer, her teaching certificate expired in the summer of 2002, even though she had earlier placed her renewal application in school channels. According to Ms. Spencer, her recertification would have been timely granted had the District properly forwarded her renewal application. On December 2, 2002, Ms. Hall informed Ms. Spencer her teaching certificate had expired and placed her on administrative leave. Ms. Spencer attempted to renew her teaching certificate but was informed that she lacked three required credits due to the delay. On December 6, 2002, Ms. Spencer obtained a substitute teaching certificate, but she was given a November 12, 2002 letter unconditionally terminating her employment.

¶ 4 Mr. Giedra and Ms. Spencer, by counsel, both requested a termination hearing under RCW 28A.405.300 and .310. The District, by counsel, responded identically to both that RCW 28A.405.300 was inapplicable and termination was "by operation," under Mt. Adams School District v. Cook, 113 Wash.App. 472, 54 P.3d 1213 (2002). Clerk's Papers (CP) at 270.

¶ 5 Mr. Giedra and Ms. Spencer together sued for declaratory relief and an order directing the District to hold statutory review proceedings under chapter 28A RCW. The District counterclaimed for repayment of the teachers' wages before termination. All parties moved for summary judgment. The court granted Mr. Giedra's and Ms. Spencer's motion for summary judgment, granting the statutory hearings and denying repayment. The Supreme Court transferred this matter to us for review.

ANALYSIS

A. Hearing

¶ 6 The issue is whether the court erred in granting summary judgment to Mr. Giedra and Ms. Spencer and ordering a hearing under RCW 28A.405.300.

¶ 7 Summary judgment is appropriate when "the pleadings, affidavits, depositions, and admissions on file demonstrate there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." Folsom v. Burger King, 135 Wash.2d 658, 663, 958 P.2d 301 (1998); CR 56(c). "An appellate court engages in the same inquiry as the trial court when reviewing an order for summary judgment." Id. The facts and reasonable inferences from the facts are viewed in the light most favorable to the nonmoving party. See Mountain Park Homeowners Ass'n v. Tydings, 125 Wash.2d 337, 341, 883 P.2d 1383 (1994). We review questions of law de novo.[1]Id.

¶ 8 The State may not deprive its citizens of a property interest without procedural due process. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Whether such a property interest exists is "defined by existing rules or understandings that stem from an independent source such as state law." Id. (citing Bd. of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972)).

¶ 9 "While public employment alone does not create constitutionally protected property interests," such interests may arise "where civil service laws provide an express *235 or implied `contract' for continued employment." Danielson v. City of Seattle, 108 Wash.2d 788, 796, 742 P.2d 717 (1987) (citing Ritter v. Bd. of Comm'rs, 96 Wash.2d 503, 509, 637 P.2d 940 (1981)). Under RCW 28A.405.300, a "teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with the school district" may not be discharged without "probable cause." Thus, RCW 28A.405.300 creates a property right in continued public employment for those who fall under the statute. See Loudermill, 470 U.S. at 539, 105 S.Ct. 1487.

¶ 10 The District argues Mr. Giedra and Ms. Spencer were not certificated teachers at the time of termination and not entitled to any statutory safeguards. The District relies on RCW 28A.410.025: "No person shall be accounted as a qualified teacher within the meaning of the school law who is not the holder of a valid teacher's certificate or permit." However, RCW 28A.410.025 merely details who is a "qualified" teacher, and does not limit the rights of teachers discharged for alleged teaching certificate deficiencies.

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110 P.3d 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giedra-v-mount-adams-school-dist-no-209-washctapp-2005.