New Board of School Commissioners v. Public School Administrators & Supervisors Ass'n

788 A.2d 200, 142 Md. App. 61, 2002 Md. App. LEXIS 6, 171 L.R.R.M. (BNA) 2283
CourtCourt of Special Appeals of Maryland
DecidedJanuary 2, 2002
DocketNo. 2141
StatusPublished
Cited by2 cases

This text of 788 A.2d 200 (New Board of School Commissioners v. Public School Administrators & Supervisors Ass'n) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Board of School Commissioners v. Public School Administrators & Supervisors Ass'n, 788 A.2d 200, 142 Md. App. 61, 2002 Md. App. LEXIS 6, 171 L.R.R.M. (BNA) 2283 (Md. Ct. App. 2002).

Opinion

MARVIN H. SMITH, Judge, Retired, Specially Assigned.

The New Board of School Commissioners of Baltimore City (“the City Board”) is the appellant and cross-appellee in this appeal. The appellee and cross-appellant is the Public School Administrators and Supervisors Association of Baltimore City (“the Association”), which represents all principals, assistant principals, and other administrative and supervisory employees of the Baltimore City Public School System. The Association negotiated an agreement, known as a “Memorandum of Understanding,” with the City school system concerning certain working conditions of the employees the Association represents.1

This appeal and cross-appeal concern eight principals who were reassigned at the end of the 1997-98 school year to assistant principal positions.2 At issue is whether the State Board of Education (“the State Board”) was required to conduct an evidentiary hearing before ruling on the propriety of a decision of the City Board, to the effect that the reassignments were not subject to arbitration pursuant to a collective [65]*65bargaining agreement. Assuming no evidentiary hearing was required, a second issue is whether the State Board’s affir-mance of the City Board’s decision was correct as a matter of law.

FACTS

There is no dispute that each of the former principals has been employed by the Baltimore City Public School System for 25 to 30 years. The Association informs us that none of the principals had received an unsatisfactory performance evaluation prior to the end of the 1997-98 school year.3

In early June of 1998, Dr. Robert Schiller, then the Interim Chief Executive Officer (“the CEO”) of the City Board, sent letters to each of the eight principals. Each letter stated that the principal would “be reassigned to the position as an assistant principal or to an equivalent level position for the FY '99, effective July 1, 1998.” Each letter further stated that the principal’s salary would “be adjusted accordingly.” By way of explanation for the actions, each letter stated: “A determination has been made that [the reassignment] is in the best interests of the Baltimore City Public School System. ...”

The Association filed grievances with the CEO on behalf of each of the eight principals.4 Each grievance stated that the principal had been “[a]rbitrarily and capriciously demoted to asst, principal.... ” Each alleged vaguely that the demotion violated the evaluation procedures set forth in Article YII of the Memorandum of Understanding, and that it also was contrary to past practice. The CEO declined to process the grievances and returned them to the Association.

[66]*66The Association then filed, on behalf of the principals, appeals to the City Board from the CEO’s actions. The Association indicated that the appeals were filed in accordance with Article XV of the Memorandum of Understanding between the Association and the City Board. Article XV set forth grievance and arbitration procedures.

Initially, the City Board refused to process the appeals on the ground that the CEO had statutory authority to reassign the principals, and that the statutory authority trumped any provisions set forth in the Memorandum of Understanding. The City Board apparently believed that under the circumstances it had no authority to consider the appeals. The Association then submitted a request for arbitration to the American Arbitration Association.

The City Board subsequently reconsidered the matter and determined that it did have statutory authority to consider the appeals.5 The City Board instructed the Association to submit separate appeals in writing as to each of the principals. It indicated that it would decide the appeals based on the written submissions unless it determined that a particular appeal should be submitted to a hearing officer for factual determinations because “specific allegations of fact ..., if true, would prove that the decision to reassign was arbitrarily unreasonable ... or illegal.... ”

The Association withdrew its request for arbitration. It submitted letters to the City Board, on behalf of the principals, in which it asserted in essence that the CEO had acted arbitrarily and capriciously in that he had (1) failed to offer any explanation for the reassignments except to state that they were in the “best interests of the school system,” and (2) failed to follow a longstanding practice of permitting employees who are reassigned to lower level positions to retain their job titles and the higher pay rates.6

[67]*67The City Board did not submit any of the appeals to a hearing examiner. Instead, it issued a written opinion in which it concluded that “[t]he reassignments were implemented by the Interim CEO acting properly within the scope of his statutory responsibilities.” The City Board determined that the Association “has articulated no basis to support its claim that the CEO acted arbitrarily or outside of his authority in either making the transfers or reducing the salaries of the former principals to the appropriate level for their current positions.”

The Association renewed its request for arbitration. The City Board, however, filed a petition in the Circuit Court for Baltimore City to stay arbitration until the State Board could decide if the matter was negotiable. The trial court granted the petition and observed in a two-page order that “it is ... as a matter of public policy recommended that Courts defer to the expertise of the State Board of Education in the first instance when called upon to decide whether a matter relates to educational policy or salaries, wages, hours, and other working conditions.... ” The court directed the Association to “appeal” the City Board’s decision to the State Board.

The Association filed the appeal to the State Board as directed. The Association conceded to the State Board that the CEO has statutory authority to assign and transfer principals as the needs of the schools require.7 It nevertheless argued that, under the Memorandum of Understanding in effect at the time of the reassignments, the CEO could not change the job titles or reduce the salaries of the reassigned principals.

[68]*68The City Board moved for summary affirmance of its decision that the CEO’s actions were proper, and the State Board granted the motion. In a brief opinion, the State Board explained that “a transfer of a principal to a lateral position or to a position of lower rank is within the discretion of the local superintendent.”8 It further explained that, “[d]espite [the Association’s] attempt to separate matters of salary from that of reassignment to a new position, we believe that these issues are indistinguishable when an employee is transferred pursuant to the CEO’s [statutory] authority....”9 The State Board concluded:

Here, certain principals were reassigned for the subsequent school year by the Interim CEO acting properly within the scope of his statutory responsibilities.... In accordance with the reassignment, the employees’ salaries for the next year were appropriately adjusted to reflect their assignments to lower level positions. This salary adjustment is a necessary part of the CEO’s statutory authority to transfer professional personnel as the needs of the schools require.

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Bluebook (online)
788 A.2d 200, 142 Md. App. 61, 2002 Md. App. LEXIS 6, 171 L.R.R.M. (BNA) 2283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-board-of-school-commissioners-v-public-school-administrators-mdctspecapp-2002.