Hritz v. Laurel Highlands School District

648 A.2d 108, 167 Pa. Commw. 353, 1994 Pa. Commw. LEXIS 532
Commonwealth Court of Pennsylvania·Decided September 9, 1994·Published·Cited by 5 cases

Opinions

DOYLE, Judge.

Before this Court is the appeal of Michael Hritz from an order of the Court of Common Pleas of Fayette County which affirmed Michael Hritz’ demotion from an administrative position to a teaching position by the School Board of Laurel Highlands School District (Board).

The trial court adopted the findings of fact of the Board as follows. Michael J. Hritz is a professional employee with the Laurel Highlands School District. From 1989 until 1991 he held the position of assistant principal/buildings and grounds supervisor at the Laurel Highlands Junior High School. Only part of Hritz’ time was spent in duties relating to his position of assistant principal. The remainder of his time involved his duties as building and grounds supervisor.

In July 1991, the Administration of the District abolished the position of assistant principal/buildings and grounds supervisor for “economic reasons.” Upon the advice of the Laurel Highlands Junior High School principal, the school superintendent recommended that the Board demote Hritz to a teaching position, although Mr. Harry Joseph, a professional employee with less seniority than Hritz, held a position of assistant principal at the junior high. Mr. Joseph spent all of his time with duties relating to his position as assistant principal. It was the practice of the school district when administrative positions were abolished for economic reasons to demote the person holding that position, regardless of seniority.

Upon receiving notice of his demotion Hritz requested and was granted a hearing. A hearing was held on September 12, 1991, and the Board concluded that, under its standard of review delineated by Chester Upland, School District v. Brown, 67 Pa.Commonwealth Ct. 640, 447 A.2d 1068 (1982), Hritz had failed in his burden of proving that his demotion was arbitrary, discriminatory, or founded upon improper motives. On appeal, the trial court affirmed the order of the Board. This appeal followed.1

Hritz does not challenge his demotion directly. Instead, he argues that for the purposes of the School Code, a “demotion” is the same thing as a “suspension,” and, therefore, Section 1125.1(c) of the Public School Code of 1949 (Code)2 requires the Board to “bump” Mr. Joseph, an employee with less seniority than Hritz, and place Hritz in the position of assistant principal at the junior high. We disagree.

Section 1125.1(c) of the Code provides that: A school entity shall realign its professional staff so as to insure that more senior employes are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employes.

Hritz contends that for purposes of Section 1125.1(c), a demotion and a suspension are the same personnel action, relying on this Court’s decision in Shestack v. General Braddock Area School District, 63 Pa.Commonwealth Ct. 204, 437 A.2d 1059 (1981).

Obviously, all demotions are not suspensions, and Section 1125.1(e) of the Code does not cover every staffing change made by school districts. Such a broad interpretation of the scope of Section 1121.1(c) was clearly disapproved by the Supreme Court:

Section 1125.1 ... established a legislative policy on how school districts are to reduce staff while protecting the job security interests of tenured professional employees. It would give undue weight to the seniority preference of subsection (c), which is only a constituent part of this policy, to remove it from this context and treat it as an overarching statement of the primacy of seniority in the placement of professionals generally.

Gibbons v. New Castle Area School District, 518 Pa. 443, 448-49, 543 A.2d 1087, 1089 (1988). Our recent decision in Filoon v. Middle Bucks Area Vocational-Technical [110] School, 160 Pa.Commonwealth Ct. 124, 684 A.2d 726, 729 (1998), distinguished demotions and suspensions:

A demotion under the School Code does not involve a separation from service, but rather is “a reassignment to a position which has less authority, prestige or salary.” Walsh v. Sto-Rox School District, 110 Pa.Commonwealth Ct. 421, 424, 532 A.2d 547, 548 (1987). A reduction to part-time status also is a demotion. Reed [v. Juniata-Mifflin Counties Area Vocation-al-Technical School, 112 Pa.Commonwealth Ct. 529], 532, 535 A.2d [1229], 1231 [1988]. Demotions are presumptively valid and an employee seeking to overturn a demotion has the burden of proving the action was arbitrary, discriminatory or founded on improper considerations. Id. at 536, 535 A.2d at 1233. As to what constitutes a suspension, we have held that a suspension is in the nature of an impermanent separation: a furlough or layoff. Norwin School District v. Chlodney, 37 Pa.Commonwealth Ct. 284, 286, 390 A.2d 328, 330 (1978). Permissible reasons for a suspension are set forth in Section 1124 of the School Code, and when resulting from a realignment, it must be implemented in accordance with that provision’s strict seniority principles. With regard to what constitutes a realignment for purposes of the School Code, we have adopted the definition “to reorganize or make new groupings of.” Fry v. Garnet Valley School District, 86 Pa.Commonwealth Ct. 206, 209, 485 A.2d 508, 510 (1984) (citing Webster’s New Collegiate Dictionary 954 (1981)).

Further, separate provisions of the Code govern each action. Demotions are covered by Section 1151 of the Code3 and the sole avenue of appeal from an adverse adjudication of a school board is to the Seere-tary of Education. Section 1131 of the Code, 24 P.S. § 11-1131. Suspensions on the other hand, are controlled by Section 1124 of the Code, 24 P.S. § 11-1124 (causes for suspension), and Section 1125.1 of the Code which must be read in tandem.4 The courts of common pleas have jurisdiction to hear the appeals pursuant to these provisions. Section 1125.1(f) of the Code, 24 P.S., § 11-1125.1(f). There have been instances where this Court has interpreted certain demotions due to realignments to be a hybrid action, thereby justifying application of the restrictions imposed by Sections 1124 and 1125.1, i.e., seniority. But the case before us now is not one of them. A “realignment demotion” is a “demotion resulting] from a suspension caused by the elimination of a position and the attending reorganization.” Filoon, 160 Pa.Commonwealth Ct. at 131, 634 A.2d at 730 (emphasis added).

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Hritz v. Laurel Highlands School District, 648 A.2d 108, 167 Pa. Commw. 353, 1994 Pa. Commw. LEXIS 532 (Pa. Ct. App. 1994).

648 A.2d 108 (Hritz v. Laurel Highlands School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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