Guirlando v. Richland Parish School Board

137 So. 3d 137, 2014 WL 1385541, 2014 La. App. LEXIS 980
CourtLouisiana Court of Appeal
DecidedApril 9, 2014
DocketNo. 48,970-CA
StatusPublished
Cited by1 cases

This text of 137 So. 3d 137 (Guirlando v. Richland Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guirlando v. Richland Parish School Board, 137 So. 3d 137, 2014 WL 1385541, 2014 La. App. LEXIS 980 (La. Ct. App. 2014).

Opinions

BROWN, Chief Judge.

hOn June 12, 2012, plaintiff, Anthony Guirlando, filed suit in the Fifth Judicial District Court, seeking, inter alia, review of an adverse decision in a tenure hearing held by the Richland Parish School Board. Guirlando’s pleading was captioned “Petition for Appeal and Damages” and named as defendants the Richland Parish School Board, Regina Meekus, Harold Gallman, and the board superintendent, Dr. Cathy Stockton. Under the Tenure Law, La. R.S. 17:441 et seq., the trial court serves as the first court of appeal/review. Defendants filed a motion for summary judgment, which the trial court granted. Plaintiff has appealed the trial court’s ruling.

Facts/Procedural History

Plaintiff presently serves as the principal of Rayville Junior High School in Ray-ville, Louisiana. On April 11, 2011, a student, LaQuise Reynolds, had been sent to the principal’s office because of his refusal to do school work. LaQuise, a slightly built 12-year-old, had a history of disruptive and destructive behavior. According to Guirlando, while in the office, LaQuise threatened to “break some stuff,” and Guirlando had to restrain him. After this incident, LaQuise called his mother, wanting to come home. His mother, Helen Reynolds, does not drive and had no one who could pick LaQuise up at that time. Thus, Guirlando drove LaQuise home to his mother. LaQuise reported to Mrs. Reynolds that Guirlando had choked him. Guirlando apologized to LaQuise’s mother and said he had to restrain LaQuise. Mrs. Reynolds claimed that Guirlando said he had to restrain LaQuise and then added [139]*139that he said he had choked LaQuise. Mrs. 12Reynolds promptly called the superintendent, Dr. Cathy Stockton, who initiated an investigation into the incident.

Dr. Stockton had Harold Gallman interview the parties and take LaQuise to a physician. Dr. David Thompson, who was the Richland Parish Coroner and La-Quise’s family doctor, examined LaQuise that day and found no evidence of choking or any other injuries. Three days later, Mrs. Reynolds took LaQuise back to Dr. Thompson at which time he was diagnosed with sinusitis/bronchitis.

On May 11, 2011, Dr. Stockton presented formal charges against Guirlando to the Richland Parish School Board. The school board approved the charges (five in all, only one arising out of or related to the LaQuise Reynolds incident), and Guirlando was informed of the school board’s decision to hold a tenure hearing at which the charges would be considered.

The tenure hearing was held June 23-25, 2011. A number of witnesses testified, and documentary evidence was introduced. The school board found Guirlando guilty of two of the five charges: charge # 5 by a vote of six to three, the board found Guir-lando guilty of choking LaQuise; and, charge # 3 by a vote of seven to two, the board found the principal guilty of inefficiency in his refusal to submit important documents to the central office despite several requests to do so. Although the superintendent wanted Guirlando’s termination, in a 9-0 vote, the school board decided to impose a 30-day suspension without pay and a one-year probationary period.

On June 13, 2012, Guirlando filed his petition in the district court. In its written reasons, the district court found that the hearing was held in accordance with applicable law, La. R.S. 17:441 et seq., and that there was | sa rational basis supported by substantial evidence for the board’s determination that Guirlando was guilty of the conduct alleged in charges # 3 and # 5. It is from the district court’s judgment that Guirlando has appealed.

Discussion

Plaintiff, Anthony Guirlando, who is presently serving as the principal of Ray-ville Junior High School, is also a tenured classroom teacher. La. R.S. 17:444 B(l), which is applicable to principals, provides:

Whenever a teacher who has acquired tenure, as set forth in R.S. 17:442, in a local public school system or the special school district is promoted by the superintendent by moving such teacher from a position of lower salary to one of higher salary, such teacher shall not be eligible to earn tenure in the position to which he is promoted, but shall retain any tenure acquired as a teacher, pursuant to R.S. 17:442.

Further, La. R.S. 17:444 B(4)(c)(iii) provides:

The employee shall be retained during the term of a contract unless the employee is found incompetent or inefficient or is found to have failed to fulfill the terms and performance objectives of his contract. However, before an employee can be removed during the contract period, he shall have the right to written charges and a fair hearing before the board after reasonable written notice. (Emphasis added).

La. R.S. 17:443 B(l), which is applicable to teachers, provides in part:

A teacher with tenure shall not be removed from office except upon written and signed charges of poor performance, willful neglect of duty, incompetency, dishonesty, immorality ... and then only if furnished with a copy of such written charges and given the opportunity to respond.

[140]*140This court may not reverse the district court’s decision unless it finds that the school board’s proceedings failed to comply with statutory formalities and/or the board’s findings were not supported by substantial evidence. Wise v. Bossier Parish School Board, 02-1525 (La.06/27/03), 851 So.2d 1090.

|4Guirlando has not complained of any procedural irregularities, nor did the trial court find any. Therefore, the only issue before this court is whether the trial court was manifestly in error/clearly wrong in finding that there was a rational basis supported by substantial evidence for the school board’s decision.

Charge # 3 alleged that:

The Richland Parish Pupil Progression Plan requires regular meetings of each school’s School Building Level Committee (“SBLC”) and the preparation of documentation such as minutes of such meetings. In addition, the superintendent directed each principal to supply the central office with his/her school’s SBLC minutes on a monthly basis. Mr. Guirlando has also received specific directives that he turn in his school’s SBLC minutes. Despite the above-described plan and directives, Mr. Guirlan-do has failed to supply the central office with any SBLC minutes for the'2010-2011 school year. Such conduct on the part of Mr. Guirlando constitutes breach of contract and inefficiency for purposes of Louisiana Revised Statutes 17:444 and/or ineompetency and willful neglect of duty for purposes of Louisiana Revised Statutes 17:443.

The School Board found that Guirlando was guilty of inefficiency by repeatedly failing to provide the central office with Rayville Junior High School’s SBLC minutes for the 2010-2011 school year as required by the Pupil Progression Handbook (which is contained in the Administrators’ Handbook). According to the school board’s witnesses, Guirlando was asked numerous times to turn in the SBLC minutes. Joyce Smith, the supervisor of Pupil Appraisal Services, even offered to help him with the minutes and with the SBLC, but Guirlando would not accept any assistance.

Guirlando does not deny that he was responsible for filing the minutes and that he did not do so.

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Related

Nickerson v. Webster Parish School Board
152 So. 3d 247 (Louisiana Court of Appeal, 2014)

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Bluebook (online)
137 So. 3d 137, 2014 WL 1385541, 2014 La. App. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guirlando-v-richland-parish-school-board-lactapp-2014.