Northeast Community Education Ass'n v. Northeast Community School District

402 N.W.2d 765, 38 Educ. L. Rep. 760, 1987 Iowa Sup. LEXIS 1108
CourtSupreme Court of Iowa
DecidedMarch 18, 1987
Docket85-1856
StatusPublished
Cited by6 cases

This text of 402 N.W.2d 765 (Northeast Community Education Ass'n v. Northeast Community School District) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northeast Community Education Ass'n v. Northeast Community School District, 402 N.W.2d 765, 38 Educ. L. Rep. 760, 1987 Iowa Sup. LEXIS 1108 (iowa 1987).

Opinions

LAVORATO, Justice.

The issue, as presented by the parties, is whether a school district and its superintendent of schools have the authority to impose a disciplinary suspension, without pay, on a school teacher. The parties are Northeast Community School District, a school corporation and a public employer, see Iowa Code §§ 274.1 and 20.3(1) (1983); Superintendent Marvin Boyer, an employee of Northeast Community School District, see § 279.20 (1983); and Northeast Community Education Association, an employee organization, see § 20.3(4) (1983), representing James P. O’Rourke, a teacher and an employee of the school district.

This case arises from events which occurred on October 12,1984, when O’Rourke hit a student on the shoulder. This was the third time O’Rourke had struck a student in thirteen months. Superintendent Boyer immediately discussed the incident with O’Rourke in Boyer’s office. He decided to suspend O’Rourke for three days without pay. Later that day, O’Rourke received a letter from Boyer notifying him of this disciplinary action. At no time did Boyer seek to invoke the termination or discharge procedures of Iowa Code chapter 279.

On behalf of O’Rourke, the employee organization sought a declaratory judgment that the disciplinary suspension was beyond the powers of the superintendent and school district and was also in violation of procedural due process rights. The school district and Boyer argued that Iowa Code section 20.7(3) (1983) permits them to suspend an employee without pay. Filing opposing motions for summary judgment, the parties entered into a joint stipulation of material fact limiting the issue before [767]*767the district court to the question of the legality and constitutionality of the suspension. The merits of, and underlying reasons for, the suspension are not at issue.

The district court cited our decision in McFarland v. Board of Education, 277 N.W.2d 901, 905-06 (Iowa 1979), and held that the suspension “was illegal and beyond the powers of a public school corporation and the superintendent thereof, under Iowa law.” The court found that the factual framework of the suspension was not sufficiently in the record for purposes of summary judgment on the due process issue.

Because we believe the district court reached the right result in granting the employee organization’s motion for summary judgment, we affirm. We hold that while school districts have the general power to impose disciplinary suspensions without pay under section 20.7(3), superintendents do not. In this case, Superintendent Boyer’s independent action suspending O’Rourke without pay was not authorized by any applicable statute or rule prescribed by the school board. As a result of our holding, we do not reach the procedural due process issue.

There is no dispute relating to our standard for reviewing a district court’s summary judgment. Fritz v. Parkison, 397 N.W.2d 714, 715 (Iowa 1986). To prevail, the movant must show the absence of any genuine issue of material fact and entitlement to judgment as a matter of law. Id. In light of the joint stipulation, there is no dispute regarding relevant facts.

I. The school district’s power to suspend without pay under Iowa Code section 20.7(3).

Iowa Code chapter 20 (1983) entitled Public Employment Relations (Collective Bargaining) is a comprehensive statute for the regulation of public employment labor relations in Iowa. Section 20.3(3) defines a public employee to include “any individual employed by a public employer, except individuals exempted under the provisions of section 20.4.” The only school personnel excluded from the provisions of chapter 20 are superintendents, assistant superintendents, principals, and assistant principals. See Iowa Code § 20.4(2). School teachers such as O’Rourke are thus public employees and subject to the provisions of chapter 20.

The only powers of a school district are those expressly granted or necessarily implied in governing statutes. Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888, 891 (Iowa 1986); McFarland v. Board of Education, 277 N.W.2d 901, 906 (Iowa 1979). The school district argues that section 20.7(3) gives it, as a public employer, the express power to suspend a public employee like O’Rourke. Section 20.7 provides in pertinent part that:

[pjublic employers shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to
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3. Suspend or discharge public employees for proper cause.

The employee organization responds to the school district’s argument with our holding in McFarland: “There is no statutory authority for suspension as punishment, nor for any suspension, with or without pay, following the decision of the board on the superintendent’s recommendation for discharge [under section 279.27].” 277 N.W.2d at 905-06. The district court interpreted McFarland to mean “that section 20.7(3) will not provide a school board with any more authority than it is granted by Chapter 279....” Chapter 279 makes no provision for disciplinary suspensions. Thus, the court reasoned the suspension was illegal.

We believe the district court read our holding in McFarland too broadly. In McFarland, the superintendent recommended to the school board that the teacher, McFarland, be fired. Pursuant to section 279.27, the superintendent suspended McFarland without pay pending the dis[768]*768charge hearing.1 After the hearing, the school board decided not to discharge McFarland; however, the board voted to approve McFarland’s prehearing suspension without pay.

We held in McFarland that section 20.-7(3), a general grant of power to suspend, does not give a school district authority to suspend a teacher as punishment in the context of a section 279.27 discharge proceeding. McFarland, 277 N.W.2d at 905-06. Section 279.27 specifically authorizes a superintendent to “suspend a teacher under this section pending hearing and determination by the board.” The only purpose of suspension under the discharge section, 279.27, is to provide a safeguard for the students by removing the teacher from the classroom; the purpose is not to punish the teacher. See McFarland, 277 N.W.2d at 905.

We reasoned in McFarland that “[t]o conclude that [section 20.7] is a separate grant of power to suspend or discharge without any limitations or procedures accompanying it would conflict with the specific procedures set out in chapter 279.” McFarland, 277 N.W.2d at 906. Therefore, where chapter 279 provides for “safeguard” suspensions, see

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Bluebook (online)
402 N.W.2d 765, 38 Educ. L. Rep. 760, 1987 Iowa Sup. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northeast-community-education-assn-v-northeast-community-school-district-iowa-1987.