Jones v. Board of Control

131 So. 2d 713
CourtSupreme Court of Florida
DecidedJune 23, 1961
Docket30975
StatusPublished
Cited by17 cases

This text of 131 So. 2d 713 (Jones v. Board of Control) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Board of Control, 131 So. 2d 713 (Fla. 1961).

Opinion

131 So.2d 713 (1961)

Thomas Brooks JONES, Appellant,
v.
BOARD OF CONTROL of the State of Florida, Appellee.

No. 30975.

Supreme Court of Florida.

June 23, 1961.

*714 Clifford C. Alloway, Coral Gables, for appellant.

Richard W. Ervin, Atty. Gen., Ralph E. Odum and James G. Mahorner, Asst. Attys. Gen., for appellee.

THORNAL, Justice.

Appellant Jones seeks reversal of a final judgment denying to him recovery for an alleged breach of his contract of employment as a professor at the University of Florida.

Numerous points for reversal are assigned but the principal contention revolves around the validity of a rule of the appellee Board which prohibits its employees from seeking election to public office.

The appellee, Board of Control, which supervises the operations of the State Universities, employed the appellant Jones as an interim associate professor of law at the University of Florida for the academic year 1959-1960. Compensation was to be paid monthly over a ten month period although appellee's teaching duties started on September 6, 1959 and would have terminated in normal course on June 6, 1960. The contract between the parties was evidenced by a document designated "notice of contract for academic staff" which was approved and accepted by the appellant. The notice of contract, likewise, included the provisions of the Constitution of the University of Florida, as well as the rules promulgated by appellee Board of Control.

On February 18, 1960, the dean of academic affairs, by letter, informed Mr. Jones that the filing of qualifying papers establishing eligibility and intention to run for public office would be considered as conclusive evidence of the breach of a Board of Control rule which prohibited its employees from seeking election to public office. On February 29, 1960, Professor Jones filed with the Secretary of State, his papers qualifying to seek the nomination for the office of circuit judge in the next ensuing primary to be held on May 3, 1960. On the next day Mr. Jones was called to the office of the President of the University and was informed of his dismissal because of his violation of the rule which we shall later quote in full. He was paid through March 1, 1960. Two days later Mr. Jones demanded a hearing by a faculty committee which he claimed to be a privilege granted to him by the University Constitution. In consequence of a hearing held March 9, 1960, the faculty committee found that the President had acted within the authority of the rule in question. Thereafter on March 25, 1960, appellant was accorded a hearing by the appellee Board of Control, which thereupon also affirmed the President's action. Claiming a breach of the employment contract for various reasons, which we shall discuss, Mr. Jones brought this action seeking compensation allegedly due him for the remainder of the contract term subsequent to March 1, 1960. For all practical purposes, the parties stipulated to the salient facts. The trial judge entered a judgment upholding the validity of the rule in dispute and sustaining the action of the University officials in dismissing appellant Jones. Reversal of this judgment is now sought.

We shall undertake to dispose of a number of the incidental questions preliminary to our ultimate discussion of the constitutional question raised by the appellant.

*715 Article XV, Section 5, of the Constitution of the University of Florida provides as follows:

"Dismissal of a member of the Academic staff as distinguished from termination of appointment as defined in Article XVI may not be effected except for serious cause and on the basis of written and specific charges filed by an administrative officer of the part of the University directly concerned or by the President. In answer to such charges the faculty member shall have a hearing before a committee of the faculty appointed by the President. Opportunity shall be given the accused to challenge for cause the appointment of any faculty member to this committee. At this hearing and at any hearings of its own that the Board of Control may wish to conduct, the defendant shall be allowed the benefit of counsel of his own choosing at his own expense. Except in cases of flagrant offense, dismissal shall not become effective until at least sixty days after action by the Board of Control. "In case of flagrant offense the President may suspend a member of the academic staff from performance of his duties and, after an expeditious hearing, recommend immediate dismissal to the Board of Control. When dismissal is ordered in such cases by the Board of Control it shall be effective at once."

The Board of Control rule, which prohibits its employees from seeking election to public office provides as follows:

"(1) Employees under the jurisdiction of the Board of Control are prohibited from seeking election to public office. Any employee desiring to engage in a political campaign for public office shall first submit his resignation to the Board."

The trial judge concluded that applicable statutes, the University Constitution, the valid regulations of the appellee Board of Control and the faculty handbook, specifically referred to in the notice of contract, together with the provisions of the last mentioned document, comprised the composite contractual arrangement between Professor Jones and the Board of Control. In so holding, the trial judge ruled correctly. Saunders v. Cities Service Oil Company, Fla. 1950, 46 So.2d 597; Florida Livestock Board v. Gladden, Fla. 1954, 76 So.2d 291; United States v. Carter et al., Fla., 1960, 121 So.2d 433.

Professor Jones insists that he was denied procedural due process because of the alleged failure of the University officials to meet the requirements of Article XV, Section 5, University Constitution, supra. He claims that they failed to comply with the rule regarding the filing of specific charges, the hearing before a faculty committee and the postponement of ultimate dismissal until at least sixty days after final action by the appellee Board of Control. We find little merit in this contention. In the first place, if the rule pursuant to which the appellant was dismissed is valid, then he breached his contract by qualifying to seek election to public office. When he filed his papers and paid his qualifying fee, which was substantial, he certainly proclaimed his desire and intention to engage in a political campaign for public office. The rule in effect required that he submit his resignation to the Board before doing so. Inasmuch as this is an action on the contract, Mr. Jones will not be permitted to recover for his own breach. We agree further with the trial judge when he concluded that the willful conduct of the appellant in announcing his specific and well-planned intention to violate the rule of the appellee Board constituted not only a "serious cause" but actually a "flagrant offense", within the provisions of Article XV, Section 5, of the University Constitution, supra. As we read the applicable provision, such an offense justified immediate suspension by the President and a prompt hearing with immediate dismissal by the appellee Board. So far as procedural due process *716 is concerned, we have little difficulty in concluding that the appellant has enjoyed a full measure in the instant matter.

It is next asserted that the rule regarding the political activities of employees of the appellee Board was beyond the contemplation of the Legislature in the enactment of Section 240.04, Florida Statutes, F.S.A.

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131 So. 2d 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-board-of-control-fla-1961.