Matrisciano v. Board of Education of Brady School District No. 6

459 N.W.2d 230, 236 Neb. 133, 1990 Neb. LEXIS 276
CourtNebraska Supreme Court
DecidedAugust 17, 1990
Docket88-643
StatusPublished
Cited by7 cases

This text of 459 N.W.2d 230 (Matrisciano v. Board of Education of Brady School District No. 6) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matrisciano v. Board of Education of Brady School District No. 6, 459 N.W.2d 230, 236 Neb. 133, 1990 Neb. LEXIS 276 (Neb. 1990).

Opinion

Boslaugh, J.

This case arose out of a controversy between the plaintiff, Joseph Matrisciano, and the defendant, the board of education of Brady School District No. 6, Lincoln County, Nebraska, concerning a contract of employment. On September 9, 1985, the parties entered into a written contract for the employment of the plaintiff as superintendent of schools for a period of 2 years commencing July 1,1985, and expiring July 1,1987.

Section 15 of the contract provided: “Failure to notify the SUPERINTENDENT in writing no later than one full year prior to the termination of the contract of the Board’s intent not to renew the contract shall automatically result in a one-year extension of the existing contract.” Since the district did not notify the plaintiff “one full year” prior to July 1, 1987, the contract automatically was extended to July 1,1988.

At a regular meeting held on June 8, 1987, the board of education voted unanimously to not renew the plaintiff’s contract. On June 15, 1987, the board notified the plaintiff in writing of its decision not to renew his contract. This notice satisfied the requirement of section 15 of the contract and avoided a second automatic extension of the contract to July 1, 1989. The notice, however, had no effect on the plaintiff’s employment for the 1987-88 school year.

In a letter to the board dated June 12, 1987, the plaintiff *135 requested a hearing. In a letter dated June 29, the board responded that a hearing was premature because the action at the meeting of June 8 and the letter of June 15 were notice of the board’s intent not to renew in satisfaction of section 15 of the contract and that the board was not required to give notice of an intent not to offer a contract of employment for the 1988-89 school year until April 15,1988.

In a letter to the plaintiff dated February 1988, the board notified the plaintiff that it was considering nonrenewal of his contract for the 1988-89 school year. In a letter to the board dated February 16, 1988, the plaintiff requested a due process hearing regarding his employment for the 1988-89 school term.

In a letter to the plaintiff dated March 9, 1988, the board notified the plaintiff that an informal hearing regarding nonrenewal of his contract for the 1988-89 school year would be held on March 14. The letter further advised the plaintiff of the reasons for consideration of nonrenewal of his contract.

Matrisciano filed this action in the district court on March 9, 1988. The petition alleged four causes of action.

Cause of action I prayed for a judgment declaring that the defendant had breached the contract. Cause of action II prayed for an injunction restraining the defendant from conducting an informal hearing. Cause of action III prayed for damages for breach of contract. Cause of action IV prayed for damages for oppression under color of office, in violation ofNeb. Rev. Stat. § 28-926 (Reissue 1989).

On March 14, the trial court granted a temporary injunction restraining the board from holding the hearing that had been scheduled for that day and set the case for trial on June 1,1988. Trial on the first two causes of action commenced on June 1.

The trial court found that the notice to the plaintiff on June 15, 1987, prevented an automatic extension of the contract under section 15 of the contract beyond July 1, 1988. The trial court further found that the district had complied with Neb. Rev. Stat. § 79-12,114 (Reissue 1987), dismissed the first two causes of action, and dissolved the temporary injunction. On June 3, 1988, the trial court dismissed the last two causes of action.

The plaintiff has appealed and contends the trial court erred *136 in finding that Neb. Rev. Stat. § 79-12,111(3) (Reissue 1987) did not apply to section 15 of the contract.

The statutes provide separate procedures for nonrenewal of contracts of probationary and tenured employees. Since the plaintiff was employed as a superintendent of schools, he is considered to be a probationary certificated employee. Neb. Rev. Stat. § 79-12,107 (Reissue 1987).

Section 79-12,111 provides the procedures relating to the nonrenewal of contracts of probationary certificated employees in Nebraska’s public schools, in pertinent part, as follows:

(3) In the event that the school board or superintendent or superintendent’s designee should determine that it is appropriate to consider whether the contract of a probationary certificated employee or the superintendent should be amended or not renewed for the next school year, such certificated employee shall be given written notice that the school board will consider the amendment or nonrenewal of such certificated employee’s contract for the ensuing school year. Upon request of the certificated employee, notice shall be provided which shall contain the written reasons for such proposed amendment or nonrenewal and shall be sufficiently specific so as to provide such employee the opportunity to prepare a response and the reasons set forth in the notice shall be employment related.
(5) Within seven calendar days after receipt of the notice, the probationary certificated employee may make a written request to the secretary of the school board or the superintendent or the superintendent’s designee for a hearing before the school board.
(6) Prior to scheduling of action or a hearing on the matter, if requested, the notice of possible amendment or nonrenewal and the reasons supporting possible amendment or nonrenewal shall be considered a confidential employment matter as provided in sections 79-4,156 to 79-4,158 and 84-1410 and shall not be released to the public or any news media.
*137 (7) At any time prior to the holding of a hearing or prior to final determination by the school board to amend or not renew the contract involved, the probationary certificated employee may submit a letter of resignation for the ensuing year, which resignation shall be accepted by the school board.
(8) The probationary certificated employee shall be afforded a hearing which shall not be required to meet the requirements of a formal due process hearing as set forth in section 79-12,115, but shall be subject to section 79-12,116.

(Emphasis supplied.)

The notice referred to in § 79-12,111 (3) relates to nonrenewal of a contract of employment for the next school year. The notice referred to in section 15 of the contract relates to the school year following the next school year. The finding of the trial court was correct, and the plaintiff’s assignment of error is without merit.

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Cite This Page — Counsel Stack

Bluebook (online)
459 N.W.2d 230, 236 Neb. 133, 1990 Neb. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matrisciano-v-board-of-education-of-brady-school-district-no-6-neb-1990.