Hodgins v. PHILADELPHIA PUBLIC SCHOOL DIST.

966 So. 2d 1279, 2007 Miss. App. LEXIS 713, 2007 WL 3076927
CourtCourt of Appeals of Mississippi
DecidedOctober 23, 2007
Docket2006-CC-01919-COA
StatusPublished
Cited by3 cases

This text of 966 So. 2d 1279 (Hodgins v. PHILADELPHIA PUBLIC SCHOOL DIST.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodgins v. PHILADELPHIA PUBLIC SCHOOL DIST., 966 So. 2d 1279, 2007 Miss. App. LEXIS 713, 2007 WL 3076927 (Mich. Ct. App. 2007).

Opinion

966 So.2d 1279 (2007)

Bobbie HODGINS, Appellant
v.
PHILADELPHIA PUBLIC SCHOOL DISTRICT, Appellee.

No. 2006-CC-01919-COA.

Court of Appeals of Mississippi.

October 23, 2007.

*1280 William T. May, Newton, Terry L. Jordan, Tanya L. Phillips, attorneys for appellant.

*1281 Donald Joseph Kilgore, Philadelphia, attorney for appellee.

Before LEE, P.J., IRVING, GRIFFIS and ISHEE, JJ.

IRVING, J., for the Court.

¶ 1. This appeal arises out of the Philadelphia Public School District's decision not to renew Bobbie Hodgins's employment contract. After Hodgins unsuccessfully challenged the nonrenewal before the Philadelphia School Board, she appealed to the Neshoba County Chancery Court, which affirmed the nonrenewal. Aggrieved, Hodgins appeals and alleges that (1) she was wrongfully denied her right to a hearing, (2) that she was not given statutorily-mandated notice, and (3) that the board acted improperly when it refused to record in its minutes its decision on whether to have a hearing.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. In July 2003, Hodgins was hired by the Philadelphia School District as an assistant principal for the 2003/2004 school year. In 2004, Hodgins was hired for the 2004/2005 school year, specifically for the period "beginning on 07/12/2004 and ending on 06/24/2005." On April 8, 2005, Hodgins was informed that the district was not going to renew her employment contract. Hodgins received notice of the nonrenewal in a letter from Britt Dickens, the superintendent of the Philadelphia Public School District. In the letter, Dickens informed Hodgins that she would not be entitled to a hearing because she had "not completed two consecutive years with a Mississippi School District," pursuant to the Education Employment Procedures Law of 2001. On April 25, 2005, Dickens suspended Hodgins with pay for the remainder of the 2005 school year, stating that Hodgins's presence and actions had "created an atmosphere that is not conducive to the effective functioning of [the] school."

¶ 4. Hodgins requested hearings before the school board for both the nonrenewal and her suspension. She was granted a hearing for the suspension, but was denied a hearing for the nonrenewal. When Hodgins appeared at the hearing for her suspension, she requested a hearing regarding the nonrenewal and asked that the board record in its minutes its decision to deny a hearing on her nonrenewal. After members of the board briefly conferred, the board stated that, since Hodgins was not entitled to a hearing on the nonrenewal pursuant to state law, the board would not vote on the nonrenewal. Therefore, there was nothing to record in the minutes. Hodgins chose not to present any evidence as to her suspension with pay, which the board affirmed. Hodgins then appealed the board's decision regarding the nonrenewal to the Neshoba County Chancery Court, which found in favor of the board.

¶ 5. Additional facts, if necessary, will be related during our analysis and discussion of the issues.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. Denial of Hearing

¶ 6. Because the school board is an administrative agency, we will not disturb its decision unless it "was unsupported by substantial evidence; was arbitrary or capricious; was beyond the [board's] scope or powers; or violated the constitutional or statutory rights of the aggrieved party." A & F Props., LLC v. Madison County Bd. of Supervisors, 933 So.2d 296, 300(¶ 6) (Miss.2006) (quoting Ladner v. Harrison County Bd. of Supervisors, 793 So.2d 637, 638(¶ 6) (Miss.2001)).

*1282 ¶ 7. Hodgins makes two separate arguments for why she was entitled to a hearing on the nonrenewal: first, she contends that she was covered under the statute which guarantees the right of a hearing to a nonrenewed employee if the employee has been employed by the local school district for a continuous period of two (2) years,[1] and second, she argues that the school's policy manual did not contain a requirement that an employee be employed for two continuous years in order to receive a hearing. For clarity's sake, we address each contention separately.

Second Continuous Year

¶ 8. We find that Hodgins is clearly incorrect as to her first contention. The provisions at issue here are part of the Education Employment Procedures Law of 2001 (EEPL), which are found in Mississippi Code Annotated sections 37-9-101 through 37-9-113. The EEPL section that describes the protections offered to employees of a school district, Mississippi Code Annotated section 37-9-109 (Rev. 2001), states:

An employee who has received notice under Section 37-9-105, upon written request from the employee received by the district within ten (10) days of receipt of the notice by the employee, shall be entitled to:
(a) Written notice of the specific reasons for nonreemployment, together with a summary of the factual basis therefor, a list of witnesses and a copy of documentary evidence substantiating the reasons intended to be presented at the hearing, which notice shall be given at least fourteen (14) days prior to any hearing; if the district fails to provide this information to the employee, then the recommendation for nonreemployment shall be null and void, and the board shall order the execution of a contract with the employee for an additional period of one (1) year;
(b) An opportunity for a hearing at which to present matters relevant to the reasons given for the proposed nonreemployment, including any reasons alleged by the employee to be the reason for nonreemployment;
(c) Receive a fair and impartial hearing before the board or hearing officer;
(d) Be represented by legal counsel, at his own expense.

The EEPL defines an "employee" as:

(a) Any teacher, principal, superintendent or other professional personnel employed by the local school district for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
(b) Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.

Miss.Code Ann. § 37-9-103 (Rev.2001) (emphasis added).

¶ 9. Hodgins contends that she meets the definition of employee as set forth in the EEPL because she was in her second year of employment with the school district when she was given notice of the nonrenewal. The school district contends *1283 that the statute should be interpreted to mean that an employee must complete her second year before the nonrenewal. We agree with the district that the clear meaning of the statute is that an employee must complete a second year of employment before the employee is entitled to the protections afforded "employees" by the EEPL. Otherwise, the use of the word "complete" in section 37-9-103(b) would be devoid of meaning.

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Bluebook (online)
966 So. 2d 1279, 2007 Miss. App. LEXIS 713, 2007 WL 3076927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodgins-v-philadelphia-public-school-dist-missctapp-2007.