Palone v. Jefferson Parish School Board

297 So. 2d 208, 1974 La. App. LEXIS 3645
CourtLouisiana Court of Appeal
DecidedJune 6, 1974
DocketNo. 6183
StatusPublished
Cited by5 cases

This text of 297 So. 2d 208 (Palone v. Jefferson Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palone v. Jefferson Parish School Board, 297 So. 2d 208, 1974 La. App. LEXIS 3645 (La. Ct. App. 1974).

Opinions

SCHOTT, Judge.

Defendant School Board has appealed from a judgment ordering it to reinstate as of June 13, 1973, the four plaintiffs, Julius P. Palone, Gerard Heslin, Mildred Heard and Frank Dalferes, to positions of Assistant Principals.

In 1970 the Board implemented a policy of assigning an* additional assistant principal at each high school or platoon thereof, and in connection therewith on July 14, 1970, appointed Palone as Assistant Principal at Bonnabel High School, Mrs. Heard as Assistant Principal at L. W. [209]*209Higgins High School, and Heslin as Assistant Principal at Riverdale High School. Each of these plaintiffs had previously occupied a tenured position as a teacher in the school system. Plaintiff Dalferes was appointed Assistant Principal at East Jefferson High School on August 5, 1972, from his previously tenured position as Head Coach of the School.

On June 13, 1973, the Board adopted a resolution “that the second Assistant Principal position be abolished in each high school and in each platoon session.” Pursuant thereto the four plaintiffs were returned either to their previously tenured positions or in one instance to a higher position, but in all cases the result was a substantial reduction in salary. Significantly, Palone, Mrs. Heard, and Heslin were on the verge of acquiring tenure in their positions as assistant principals at the time their positions were abolished.

Plaintiffs maintain that the Board’s action which was taken without written recommendation of the Parish Superintendent of Schools was in violation of the following provisions of LSA-R.S. 17:442:

“Each teacher shall serve a probationary term of three years to be reckoned from the date of his first appointment in the parish or city in which the teacher is serving his probation. During the probationary term the parish or city school board, as the case may be, may dismiss or discharge any probationary teacher upon the written recommendation of the parish or city superintendent of schools, as the case may be, accompanied by valid reasons therefor.”

Plaintiffs also contend that the resolution was adopted in bad faith and with the intention to circumvent the teachers’ tenure law found in LSA-R.S. 17:441 ét seq. and that the Board’s action was in bad faith, was arbitrary and capricious because it was taken under the guise of an economy measure when, in fact, no substantial savings if any were effected by the Board’s action in abolishing the positions held by plaintiffs.

In his reasons for judgment the trial judge made the following findings :

“It is apparent, therefore, that there is no ‘second assistant principal position’ to be abolished. The school board abolished certain openings within a positioned category. It did not abolish all assistant principals, nor did it delete the functions of the position. Instead it spread the duties of said positions among other teachers.
“The attempt to abolish a position without abolishing the duties and functions of said position is contrary to the letter and spirit of a teacher tenure system.” (Citing cases from other jurisdictions)

The trial judge reasoned that the abolition of the position held by the plaintiffs constituted a demotion of plaintiffs without complying with the requirements of R. S. 17:442 and in violation of the provisions of R.S. 17:444, as follows:

“Whenever a teacher who has acquired permanent status, as set forth in R.S. 17:442 and 17:443, in a parish or city school system is promoted by the employing school board by moving such teacher from a position of lower salary to one of higher salary, such teacher shall serve a probationary period of three years in the higher position before acquiring permanent status therein, but shall retain the permanent status acquired in the lower position from which he or she was promoted.
“During the probationary period in the position to which promoted a teacher shall not be disciplined, removed or demoted to the lower position from which he or she was promoted except in compliance with the provisions of R.S. 17:442. At the expiration of the probationary period in the higher position, a teacher, unless removed or demoted in accordance with R.S. 17:442, shall auto[210]*210matically acquire permanent status in the higher position and thereafter may not be disciplined, removed or demoted from such higher position except in compliance with the provisions of R.S. 17:443.”

The central issue to be resolved in this case is whether the action of the School Board in abolishing plaintiffs’ positions was such that R.S. 17:442 and 17:444 were applicable and specifically whether the written recommendation of the superintendent was a prerequisite to the Board’s action in the case.

Members of the School Board and of the administrative staff of the Board testified that the Board’s action was taken as an economy measure and resulted in a saving of approximately $50,000. There had been prior to the 1973 action a total of 18 assistant principals and the result of the action was the elimination of nine of these jobs. Of the nine three had acquired tenure in their new positions and as a practical matter were not affected by the Board’s action, and of the six remaining the four plaintiffs initiated these proceedings.

The plain wording of R.S. 17:442 reveals that this statute is concerned with action taken regarding an individual teacher whose dismissal or discharge is at issue. This becomes especially obvious upon a reading of the second paragraph of the statute which has to do with the procedure applicable to a teacher who has gained tenure and which paragraph begins “Any teacher found unsatisfactory . . .,” clearly demonstrating that the statute must be implemented in connection with the removal or dismissal of a teacher who is performing duties or engaged in conduct which is unsatisfactory. R.S. 17:444 modifies and relates itself to 17:442, and speaks of removal or demotion in the same context as that of discipline, suggesting clearly that this statute has to do with action taken by the board with respect to an individual teacher.

The action of the Board in the instant case did not address itself to any individual teacher, and certainly not to any one of the plaintiffs. The testimony shows that the Board did not even know the identity of the persons who would be affected by its action and although the Board was aware of the fact that some of those affected would acquire tenure in their positions as assistant principals unless the action was taken at that time, they were motivated not by any wish to prevent the individuals from acquiring tenure but rather by a desire to effect as much of a saving as possible, it being understood that any delay in their action would result in some of the probationary assistant principals, including three of the plaintiffs, acquiring tenure and thereby necessitating payment to them of salaries as assistant principals even if the jobs were thereafter abolished. The testimony of Mr. Sidney Rosenthal, Jr., a member of the School Board, is especially significant in this connection, where he explained that the Board’s action was not taken pursuant to a recommendation by the superintendent:

“Now I’m not going to agree with that, Mr. Greenberg, because I don’t believe —in my opinion, on the night of the resolution the board did not demote anyone. The board established a policy of abolishing a job position within the school system. That’s all it did.

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Related

McCoy v. Tangipahoa Parish School Board
308 So. 2d 382 (Louisiana Court of Appeal, 1975)
Kemp v. Jefferson Parish School Board
305 So. 2d 744 (Louisiana Court of Appeal, 1974)
Palone v. Jefferson Parish School Board
299 So. 2d 798 (Supreme Court of Louisiana, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
297 So. 2d 208, 1974 La. App. LEXIS 3645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palone-v-jefferson-parish-school-board-lactapp-1974.