Howell v. Winn Parish School Board

332 So. 2d 822, 1976 La. LEXIS 4632
CourtSupreme Court of Louisiana
DecidedMay 17, 1976
Docket57178
StatusPublished
Cited by52 cases

This text of 332 So. 2d 822 (Howell v. Winn Parish School Board) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howell v. Winn Parish School Board, 332 So. 2d 822, 1976 La. LEXIS 4632 (La. 1976).

Opinion

332 So.2d 822 (1976)

Robert HOWELL
v.
WINN PARISH SCHOOL BOARD et al.

No. 57178.

Supreme Court of Louisiana.

May 17, 1976.
Rehearing Denied June 18, 1976.

*823 Bobby L. Culpepper, Baker, Culpepper & Brunson, Jonesboro, for plaintiff-applicant.

William J. Guste, Jr., Atty. Gen., Charles B. Bice, Dist. Atty., Kermit M. Simmons, Asst. Dist. Atty., for defendants-respondents.

CALOGERO, Justice.

We granted writs in this case to consider the contention of Robert Howell that his dismissal as a tenured employee of the Winn Parish School Board violated the provisions of the Louisiana Teachers' Tenure Law, La.R.S. 17:441 et seq.

After an administrative hearing on the question, the Winn Parish School Board dismissed plaintiff as principal of the Atlanta High School in Atlanta, Louisiana, and as an employee of the Winn Parish School Board, finding him guilty of wilful neglect of duty. Pursuant to the provisions of La.R.S. 17:443 B.,[1] which authorize a tenured employee to petition court for a full hearing to review the action of the school board, plaintiff filed suit requesting that he be reinstated and awarded a monetary judgment for back salary and attorney's fees.[2] The district court dismissed the suit and the Court of Appeal affirmed. Howell v. Winn Parish School Board, 321 So.2d 520 (La.App.2d Cir.1975)

Plaintiff had been employed by the Winn Parish School Board for a sufficient period of time to have qualified as a tenured employee under the provisions of La. R.S. 17:441-442, and had served as the principal of the Atlanta High School for several years prior to his dismissal on April 15, 1974. Proceedings to dismiss plaintiff were initiated by E. H. Farr, at that time the Superintendent of Winn Parish Schools. In a letter dated March 11, 1974, Mr. Farr recommended that plaintiff be dismissed for wilful neglect in the performance of his duties, charging that Mr. Howell had been absent from the Atlanta High School during the final week of the *824 1972-73 school year. He alleged that because of this absence "a student employed for Atlanta High School through the [Neighborhood Youth Corps] N.Y.C. program was left without assignment of duties and without supervision of work," and that he had "to assume the duties of principalship, including the signing of checks, until such time as his substitute could be employed." A 1967 resolution adopted by the Winn Parish School Board had "established the school year for principals as a ten month period beginning two weeks before the opening day of school and ending two weeks after the closing day of school." Monday, June 11, 1973 to Friday, June 15, 1973, the period at issue in this case, was the second week following the closing of school.

The trial court held that there was substantial evidence to support the school board's finding that plaintiff was absent for the week in question without permission and, on this basis, affirmed the decision of the board. After reviewing conflicting testimony with respect to whether plaintiff had permission to be absent, the Court of Appeal concluded that this was a factual issue involving credibility and that as the board's finding was not manifestly erroneous it should not be disturbed. They then held that this conduct did constitute "wilful neglect of duty," noting as follows:

"We have examined all cases cited by counsel in brief and do not find that any are sufficiently analogous factually to define what conduct constitutes `wilful neglect of duty.'
"Although the evidence does not show any real or serious harm was caused by plaintiff's absence for the week in question and though his dismissal under the circumstances could be termed harsh, we nevertheless are of the opinion such a dereliction is sufficient to authorize the board to exercise its discretion to terminate the employment."

La.R.S. 17:443 A provides, in relevant part, that "[a] permanent teacher shall not be removed from office except upon written and signed charges of wilful neglect of duty . . . and then only if found guilty after a hearing by the school board of the parish . . .."[3] As previously noted, an aggrieved employee may "petition a court of competent jurisdiction for a full hearing to review the action of the school board, and the courts shall have jurisdiction to affirm or reverse the action of the school board in the matter" (emphasis added) La.R.S. 17:443 B. While this clause by its terms provides for review by the courts and not a trial de novo, see Campo v. East Baton Rouge School Board, 231 So.2d 67, 71 (La.App.1st Cir.1970) and Granderson v. Orleans Parish School Board, 216 So.2d 643, 646 (La.App.4th Cir.1969), the requirement of a full hearing indicates that the legislature intended the courts to exercise a broad scope of judicial review, particularly at the district court level. See Work of the Louisiana Appellate Courts for the 1972-73 Term, 34 La.L.Rev. 197, 306 (1974). Thus in lewing v. De Soto Parish School Board, 238 La. 43, 113 So.2d 462 (1959), this Court noted that under the provisions requiring a full hearing at the district court level, a discharged employee of a school board could present additional evidence to that court.[4]

Despite this provision for a full hearing before the district court, the standard of judicial review of a school board's *825 action is still whether there is a rational basis for the board's determination supported by substantial evidence insofar as factually required. In such cases, the reviewing court must neither substitute its judgment for the judgment of the school board nor interfere with the board's bona fide exercise of discretion. Lewing v. De Soto Parish School Board, supra; State ex rel. Rathe v. Jefferson Parish School Board, 206 La. 317, 19 So.2d 153 (1944); Simon v. Jefferson Davis Parish School Board, 289 So.2d 511 (La.App.3d Cir.), writ denied, 293 So.2d 178 (La.1974); Jennings v. Caddo Parish School Board, 276 So.2d 386 (La.App.2d Cir.1973). Thus in the instant case, this Court will limit its inquiry to a determination of whether the action of the school board was (1) in accordance with the authority and formalities of the Louisiana Teachers Tenure Act, and (2) supported by substantial evidence, or conversely, an arbitrary decision and thus an abuse of discretion. Lewing v. De Soto Parish School Board, supra; Celestine v. Lafayette Parish School Board, 284 So.2d 650 (La.App.3d Cir.1973); Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.App.3d Cir.1965).

The record of the hearing before the school board, and the transcript of the testimony and evidence presented to the district court reflect the following:

Plaintiff Robert Howell had requested and been granted a sabbatical leave for the 1973-1974 school year. At the school board hearing and before the district court, Mr. Howell testified that he had received permission from Mr. E. H. Farr, the Superintendent of Winn Parish Schools, to be absent during the week of June 11, 1973 to June 15, 1973 in order to register for summer school.[5] Ms. LaRue Waxley, an employee of the Winn Parish School Board at the time in question, testified that she overheard a conversation between plaintiff and Mr. Farr during which Mr. Farr told plaintiff it would be alright for him to be absent to register for school.

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Bluebook (online)
332 So. 2d 822, 1976 La. LEXIS 4632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-winn-parish-school-board-la-1976.