Palmer v. Van Buren R-1 Board of Education

872 S.W.2d 590, 1994 Mo. App. LEXIS 271, 1994 WL 46949
CourtMissouri Court of Appeals
DecidedFebruary 16, 1994
DocketNo. 18536
StatusPublished
Cited by1 cases

This text of 872 S.W.2d 590 (Palmer v. Van Buren R-1 Board of Education) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Van Buren R-1 Board of Education, 872 S.W.2d 590, 1994 Mo. App. LEXIS 271, 1994 WL 46949 (Mo. Ct. App. 1994).

Opinion

PARRISH, Chief Judge.

This is an appeal from a decision by the Board of Education of the Van Burén R-l School District (the school district) terminating the indefinite contract of a permanent teacher. The teacher, Joe W. Palmer, appealed the school district’s decision to the Circuit Court of Carter County (the trial court). That court affirmed the school district’s order terminating the contract. This appeal followed. This court affirms. .

A suggestion of the death of Joe W. Palmer was filed with this court together with a motion for substitution of parties. The motion was granted. Maggie L. Palmer, Personal Representative of the Estate of Joe W. Palmer, Deceased, was substituted as appellant.

The record on appeal consists of only a legal file. It includes: (1) copies of a letter dated May 24,1991, with the heading “Statement of Charges and Notice of Hearing” that was given to Mr. Palmer pursuant to § 168.-116.3;1 (2) a copy of the transcript of the hearing conducted by the board of education of the school district, see § 168.116.1; (3) 211 pages of “exhibits”2 from the hearing conducted by the school board; (4) a copy of the school board’s four-page written determination that includes “Findings of Fact”, “Conclusions of Law”, and its “Decision”; (5) a “Certificate on Appeal” that certifies the pages that precede it in the legal file are “the Notice of Hearing, a complete transcript of the testimony given at the hearing, exhibits submitted as evidence at the hearing, the decision of the School Board and the Notice of Appeal to the Circuit Court of Carter County”; (6) a copy of the trial court’s “Order” affirming the decision of the school district; (7) a copy of the notice of appeal from the trial court’s judgment; and (8) copies of the trial court’s docket sheets.

The legal file includes no other pleadings. The docket sheets do not reflect that other pleadings were filed. A docket entry dated July 31,1992, states, “Cause submitted to the Court on transcript & documentary evidence.” The trial court’s judgment was filed September 18, 1992. It recites the following findings:

[T]he Court finds substantial and competent evidence to support the School Board’s decision to terminate the employment of the Appellant, Joe W. Palmer. The Court further finds that the decision of the School Board was neither arbitrary, capricious nor unreasonable; that the action of the School Board in this matter was not in violation of constitutional provisions; that in rendering its decision the School Board did not abuse its discretion.

The judgment affirmed “the decision of the Van Burén R-l Board of Education to terminate the employment of Joe W. Palmer.”

Appellant presents four points on appeal. Three of the points allege the school district failed to comply with specific procedural requirements of § 168.116 in terminating Mr. Palmer’s contract. Point I challenges the sufficiency of the written warning the school district gave pursuant to the dictates of § 168.116.2. Point II contends the written charges given pursuant to § 168.116.1 “failed to adequately specify with particularity the grounds alleged to exist for termination.” Point III complains that the school district did not comply with requirements of § 168.-116.23 that the superintendent or a designated representative meet with a teacher after notice is given that deficiencies exist that may result, unless the alleged deficiencies are corrected, in charges seeking termination of the teacher’s contract. Appellant’s fourth point asserts that Mr. Palmer was denied a fair hearing because the board of education of the school district was both the hearing [592]*592tribunal and the agency that initiated the charges.

This court’s review is directed to the findings and decision of the school board, an administrative agency, not the judgment of the trial court. City of Cabool v. State Bd. of Mediation, 689 S.W.2d 51, 53 (Mo. banc 1985). However, this court considers only matters that appellant asserts were incorrectly reviewed by the trial court. See Keesee v. Meadow Heights R-II School Dist., 865 S.W.2d 818, 821 (Mo.App.1993).

Although failure to file a petition for review of a school district’s determination of a teacher tenure issue is not jurisdictional, see Jackson v. Bd. of Directors of School Dist. of Kansas City, 621 S.W.2d 97, 99 (Mo.App.1981), the filing of a petition for review is a means by which an appellant may identify and present issues for review to a circuit court. No petition for review was filed in this case. No request was made for written findings regarding whether the school district complied with the procedural requirements of § 168.116. See Rule 73.-01(a)(3). The record on appeal does not disclose that appellant presented the grounds asserted in Points I, II and III to the trial court. This court held, in Keesee:

To allow Appellant, in this Court, to attack the Board’s decision on grounds not presented to the circuit court would reduce circuit court review to an empty formality — a meaningless delay en route to the appellate court.... We decline to emasculate circuit court review by considering assignments of error not presented there.

865 S.W.2d at 821. Points I, II and III are denied. They were not presented to the trial court; therefore, they were not preserved for appellate review.

Point IV asserts that the school board, the agency before which Mr. Palmer’s hearing was held, was not a fair tribunal; that, therefore, Mr. Palmer was denied due process. Appellant’s specific complaints include that the superintendent told the members of the school board, prior to the hearing, that Mr. Palmer “had not improved from the list of deficiencies and from the recommendations made and [he] recommended to the Board that [they] issue [the] Statement of Charges and notice of a hearing.” The superintendent testified that this occurred. However, the superintendent was then asked, “Did you discuss in detail each allegation in the Statement of Charges contained in [the written charges given pursuant to § 168.116.1]?” He answered, “No, sir.”

Appellant also complains that sometime prior to the school board’s hearing, one of the board members who later participated in the hearing asked the superintendent, “What do you think (of the Palmer situation)?” The superintendent testified that a board member had asked such a question. The superintendent was asked, “When he asked you what do you think how did you respond?” He answered, “I said I don’t know, I said we’ll just have to see how the hearing goes.”

Appellant further complains that the superintendent, before the school board’s hearing was held, “discussed with board president Barnes ‘what her role was going to be in the hearing.’ ” The question and answer to which appellant referred was:

Q. [By Mr. Palmer’s attorney] After the May twenty-third hearing [meeting?] of the Board did you have any discussions with any other member of the Board regarding Mr. Palmer’s case?
A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David J. Alba v. Cranston School Committee
90 A.3d 174 (Supreme Court of Rhode Island, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
872 S.W.2d 590, 1994 Mo. App. LEXIS 271, 1994 WL 46949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-van-buren-r-1-board-of-education-moctapp-1994.