Mobile County Board of School Commissioners v. Long

46 So. 3d 6, 2010 Ala. Civ. App. LEXIS 66, 2010 WL 876717
CourtCourt of Civil Appeals of Alabama
DecidedMarch 12, 2010
Docket2080794
StatusPublished
Cited by7 cases

This text of 46 So. 3d 6 (Mobile County Board of School Commissioners v. Long) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mobile County Board of School Commissioners v. Long, 46 So. 3d 6, 2010 Ala. Civ. App. LEXIS 66, 2010 WL 876717 (Ala. Ct. App. 2010).

Opinions

BRYAN, Judge.

The Mobile County Board of School Commissioners (“the Board”) appeals from a hearing officer’s decision reinstating the employment of Barry Long after the Board dismissed Long pursuant to the Fair Dismissal Act (“the FDA”), § 36-26-100 et seq., Ala.Code 1975. We reverse and remand.

In December 2007, the Board adopted a reduction-in-force policy (“the RIF policy”) for the Mobile County public-school system (“the school system”). The RIF policy provides, in pertinent part: “A reduction in force may take place when the board determines that a financial exigency, program change, serious natural disaster or other legitimate business reason requires the reduction of personnel through contract termination and approves acting under this policy.” The RIF policy establishes policies and criteria to be followed by the Board if a reduction in force becomes necessary. Shortly after the RIF policy was adopted, the Board decided to implement a reduction in force due to a financial exigency within the school sys[8]*8tem. The reduction in force was one of several initiatives that the Board undertook to address a lack of financial resources in the school system.

In March 2008, the Board adopted a reduction-in-force protocol (“the RIF protocol”) specifying how the reduction in force would be implemented. The RIF protocol indicated that the reduction in force would apply to the school system’s “central administration.” The central administration contains several “distinct categories,” or divisions, including the information technology division. As part of the reduction in force, David Akridge, the executive manager of the information technology division, was instructed to cut a certain amount in employee salaries from his division. Akridge testified that he evaluated the jobs in the information technology division to determine which jobs could be terminated with the least disruption to the division. Akridge then recommended to the superintendent that Long, a programmer in the information technology division, be dismissed along with another employee.

In May 2008, the superintendent of the school system recommended to the Board that Long’s employment be terminated pursuant to the reduction in force. Pursuant to § 36-26-108, Ala.Code 1975, the superintendent sent written notice by letter to Long informing him of the proposed dismissal. The letter stated that the proposed dismissal was due to a “^Justifiable decrease in jobs in the school system” and “[ojther [gjood and [jjust [cjlause.” The letter also stated that “[t]he action is taken under the [RIF] policy.” In June 2008, the Board terminated Long’s employment. Long contested his dismissal, pursuant to § 36 — 26—103(b), and a hearing officer was selected to conduct a de novo hearing, pursuant to § 36-26-104(a), Ala.Code 1975. At the hearing, the parties presented oral testimony and documentary evidence. The hearing officer subsequently issued a decision determining that the Board had failed to comply with the RIF policy and the RIF protocol in dismissing Long. The hearing officer concluded that, had the Board properly applied the RIF policy and the RIF protocol, Long’s employment would not have been terminated. Accordingly, the hearing officer overturned the Board’s dismissal of Long. The Board filed a notice of appeal to this court, and we granted the appeal, pursuant to § 36-26-104(b).

Standard of Review

Section 36-26-104(b) provides the general standard of review in an appeal from a hearing officer’s decision under the FDA. In pertinent part, § 36-26-104(b) provides that “[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article.” However, our review of a hearing officer’s conclusions of law or application of the law to the facts is de novo. Ex parte Soleyn, 33 So.3d 584, 587 (Ala.2009).

Pursuant to the arbitrary-and-capricious standard of review,

“the reviewing court may not substitute its judgment for that of the hearing officer.... [WJhere ‘reasonable people could differ as to the wisdom of a hearing officer’s decision[,J ... the decision is not arbitrary.’ ...
“ ‘If the decision-maker has “ ‘examined the relevant data and articulated a satisfactory explanation for its action, including a “rational connection between the facts found and the choice made,” ’ ” its decision is not arbitrary. See Alabama Dep’t of Human Res. v. Dye, 921 So.2d [421, 426 [9]*9(AIa.Civ.App.2005) ] (quoting Prometheus Radio Project v. FCC, 373 F.3d [372, 389 (3d Cir.2004) ] (quoting in turn Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962))).’ ”

Ex parte Dunn, 962 So.2d 814, 816-17 (Ala.2007) (quoting with approval, but reversing on other grounds, Board of Sch. Comm’rs of Mobile County v. Dunn, 962 So.2d 805, 809, 810 (Ala.Civ.App.2006)).

Discussion

I.

Section 36-26-102, Ala.Code 1975, provides that a nonprobationary employee, like Long, shall not be dismissed

“except for failure to perform his or her duties in a satisfactory manner, incompetency, neglect of duty, insubordination, immorality, justifiable decrease in jobs in the system, or other good and just causes; provided, however, such termination of employment shall not be made for political or personal reasons on the part of any party recommending or voting to approve such termination.”

The Board first argues that it established that Long was dismissed on the ground that there was a “justifiable decrease in jobs in the system.” The Board cites uncontroverted evidence in the record on appeal indicating that a financial crisis in the school system caused a decrease in jobs. The Board further contends that the record lacks evidence establishing that Long’s dismissal was “made for political or personal reasons.” Therefore, the Board argues, it established a permissible reason for dismissing Long under § 36-26-102. Accordingly, the Board argues that the hearing officer should have upheld the Board’s decision to dismiss Long without considering whether the Board complied with the RIF policy and the RIF protocol in dismissing Long. That is, the Board seems to argue that the application of the RIF policy and the RIF protocol are not relevant to a determination of whether Long was properly dismissed for a “justifiable decrease in jobs in the system.”

As noted, the school system’s superintendent sent a letter to Long indicating the reasons for the proposed dismissal. The letter stated, in pertinent part:

“The reasons for the proposed termination are as follows:
“1. Justifiable decrease in jobs in the school system.
“2. Other Good and Just Cause.
“The facts showing that the termination is taken for one or more of the reasons listed in Ala.Code[,] § 36-26-102 are as follows:
“The Board ..., at its meeting on May 5, 2008, accepted my recommendation of a reduction-in-force because of budgetary considerations for the 2008-2009 school year which influences your current position. The action is taken under the [RIF] policy....”

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Mobile County Board of School Commissioners v. Long
70 So. 3d 1283 (Court of Civil Appeals of Alabama, 2011)

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Bluebook (online)
46 So. 3d 6, 2010 Ala. Civ. App. LEXIS 66, 2010 WL 876717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobile-county-board-of-school-commissioners-v-long-alacivapp-2010.