Maasjo v. McLaughlin School District 15-2

489 N.W.2d 618, 1992 S.D. LEXIS 115, 1992 WL 196490
CourtSouth Dakota Supreme Court
DecidedAugust 12, 1992
Docket17665, 17673
StatusPublished
Cited by18 cases

This text of 489 N.W.2d 618 (Maasjo v. McLaughlin School District 15-2) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maasjo v. McLaughlin School District 15-2, 489 N.W.2d 618, 1992 S.D. LEXIS 115, 1992 WL 196490 (S.D. 1992).

Opinions

MILLER, Chief Justice.

McLaughlin School District (District) appeals from circuit court’s order which reversed a decision by the school board (Board) to terminate Dennis Maasjo’s superintendent’s contract. We reverse.

FACTS

On May 21, 1989, Board offered Maasjo a superintendent’s contract. On May 22, 1989, Maasjo executed a written contract of employment with Board. Under the contract, Maasjo agreed to act as Superintendent of the McLaughlin Public Schools for the 1989-90 and 1990-91 school terms. Maasjo had not received his South Dakota teaching certificate at this time. The president of Board executed the contract on June 12, 1989.

At the time Maasjo was offered the contract, he was certified to be a superintendent in the states of Montana and North Dakota. On June 12, 1989, the South Dakota Board of Education certified Maasjo as a secondary school principal; however, he was informed at that time that he would have to complete an additional six credit hours of post-graduate courses in school administration to become certified as a superintendent in this state.

Thereafter, on July 20, 1989, Maasjo prepared an “Application for Authority to Act” 1 as superintendent for the 1989-90 school year. The application also set forth a plan of courses which Maasjo had to follow to become certified. The completion date for the courses was listed as “summer ’90.”

On July 20, 1989, Board’s president, Wallace Schott, signed the application which was then approved by Dr. Henry Rosters, the State Superintendent of the South Dakota Board of Education. The State Board of Education’s approval authorized Maasjo [620]*620to serve as superintendent only for 1989-90 school term.

At a board meeting in January or February of 1990, Maasjo requested leave to attend summer school for “continuing education.” On April 9, 1990, Board first became aware that Maasjo was operating under an Authority to Act. It denied his request for leave.

On April 16, 1990, Board voted to terminate Maasjo’s contract because he was not “certified” to be the superintendent for the two-year term of the contract. On April 17, 1990, Board sent Maasjo a notice which stated that it did not intend to renew his contract for the 1990-91 school term. The notice also stated that Board had only recently learned that Maasjo was not “fully certified” for the superintendent’s position, and that it would “require extensive absence from duties” for Maasjo to become certified. The notice also provided that his lack of certification and the expiration of his Authority to Act “may constitute plain violation of contract and incompetence” and subjected him to dismissal. The notice provided Maasjo the opportunity to answer and present evidence or a statement on his behalf at a Board meeting April 25, 1990.

On April 25th, Board held an informal hearing in executive session pursuant to SDCL 13-43-10.2. Board’s president, Wallace Schott, testified under oath that he signed and dated Maasjo’s application on July 20, 1989, but that he was unaware the application was for Maasjo.2 Board then went into executive session and discussed the matter. Board voted not to renew Ma-asjo’s contract and to dismiss him when his authority to act expired.3 The transcript from this hearing is included in the record.

Maasjo appealed Board’s decision and the circuit court held a limited de novo hearing. At this hearing, the court heard additional testimony from past and current board members. The court filed a memorandum decision and entered findings of fact and conclusions of law in which it concluded that Board had acted arbitrarily and capriciously and contrary to law in not renewing Maasjo’s contract. The court also concluded that Board’s decision to terminate Maas-jo was clearly erroneous and that Board had breached the contract. The court entered judgment in favor of Maasjo and against District for the amount of the 1990-91 contract salary plus interest. District appeals from this decision.

DECISION

Standard of Review

Recently, we set forth the standard of review in an appeal from a circuit court order which reversed a school board decision:

Under the applicable rules of appellate procedure, we must affirm the circuit court unless its determinations are clearly erroneous, [citations omitted] Therefore, the question is not whether substantial evidence in the record supports [the decision of] Board, but whether substantial evidence in the record supports [the decision of] the circuit court.

Kellogg v. Hoven Sch. Dist. No. 53-2, 479 N.W.2d 147, 150 (S.D.1991) (emphasis in original). We now clarify that this is the appropriate standard of review when there is essentially no record for the circuit court to review. In Kellogg, Board held no formal hearing and made no findings of fact or conclusions of law. The only written record of Board’s deliberations was the minutes of the meetings and a one-page letter to Kellogg denying his petition.

In contrast, in this case, Board’s April 25, 1990, meeting was transcribed by a court reporter, the witnesses were sworn, and evidentiary objections were made. Board did not enter findings of fact or conclusions of law, but it did inform Maasjo of its decision by letter on May 3, 1990. The testimony at the circuit court’s de novo hearing was merely for “supplementing of the record.” Both parties agreed that they should not present testimony that had al[621]*621ready been presented at the Board hearing. Additionally, the trial court stated: “Well, the only evidence I intend to hear today is evidence concerning the legality of Board’s decision. I do not intend to substitute myself for the Board[.]”

In Kellogg, we stated: “ ‘[0]n appeal to the circuit court, pursuant to SDCL 13-46-6, the doctrine of separation of power limits the scope of review to that provided in SDCL 1-26-36.’” 479 N.W.2d at 149 (quoting Dale v. Bd. of Educ., 316 N.W.2d 108, 112 (S.D.1982)). SDCL 1-26-36 provides:

The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;

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Maasjo v. McLaughlin School District 15-2
489 N.W.2d 618 (South Dakota Supreme Court, 1992)

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Bluebook (online)
489 N.W.2d 618, 1992 S.D. LEXIS 115, 1992 WL 196490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maasjo-v-mclaughlin-school-district-15-2-sd-1992.