Patrick v. State ex rel. State Board of Education

1992 OK CIV APP 153, 842 P.2d 767, 64 O.B.A.J. 42, 1992 Okla. Civ. App. LEXIS 123, 1992 WL 389889
CourtCourt of Civil Appeals of Oklahoma
DecidedNovember 24, 1992
DocketNo. 78802
StatusPublished
Cited by4 cases

This text of 1992 OK CIV APP 153 (Patrick v. State ex rel. State Board of Education) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick v. State ex rel. State Board of Education, 1992 OK CIV APP 153, 842 P.2d 767, 64 O.B.A.J. 42, 1992 Okla. Civ. App. LEXIS 123, 1992 WL 389889 (Okla. Ct. App. 1992).

Opinion

OPINION

HANSEN, Vice-Chief Judge:

Appellant, Don Patrick (Patrick), seeks review of the trial court’s order affirming an administrative Decision and Order rendered by Appellee, State Board of Education (Board). In its underlying order, Board imposed certain conditions on Patrick’s continued certification as a school superintendent for a two year probationary period.

As set forth in the initial administrative Complaint filed before Board, Patrick was Superintendent of the Cave Springs School District for a portion of the school year 1987-88.1 The complaint noted a Superin[769]*769tendent was, by statute2, the executive officer of both the school district and board of education, and additionally was the administrative head of the school system.

The administrative Complaint alleged the Cave Springs School District “exceeded its appropriation for the 1987-88 school year”, which, if proven, would constitute a violation of 68 O.S.1981 § 24993, and establish sufficient grounds to revoke Patrick’s certificate as a school administrator. The Complaint set forth as authority for revocation 70 O.S.1981 § 18-1164.

Board assigned the Complaint to a hearing officer. In a videotaped hearing, the Hearing Officer received testimony and exhibits from both parties and heard argument of counsel. The Hearing Officer issued a Proposed Decision of Order containing recommended findings of fact and conclusions of law, and found Patrick “is acquitted of a knowing or willful violation of the provisions of the statute regarding state aid”.

The Hearing Officer recommended Patrick’s certificate not be revoked, but finding Patrick’s “conduct was imprudent at best”, further recommended Patrick attend a superintendents’ workshop.

Board considered the Complaint and Hearing Officer’s proposed order at a special meeting. The meeting was called for review and possible action concerning certification status of Patrick and four other superintendents of districts exceeding appropriations, including Patrick’s successor at Cave Springs. The minutes reflect Board members “had had access to video tapes of the hearings and had reviewed the findings of the hearing officers”.

After hearing arguments of counsel, Board rejected the Hearing Officer’s recommended action “acquitting” Patrick of a knowing and willful violation. Board substituted its own conclusion of law that Patrick "failed to perform his responsibilities and acted in an imprudent manner”, but adopted the remaining findings and conclusions of the Hearing Officer.

Board did not revoke Patrick’s certificate, but instead ordered Patrick placed on probation for two years. The probation was conditioned upon compliance by Patrick and any employing school district with certain requirements showing district expenditures were within appropriations.

In accordance with the procedures of the Administrative Procedures Act5, Patrick filed a Petition for Review of Board’s order in the District Court of Okfuskee County. Patrick contended Board exceeded its statutory authority by placing him on probation; that the decision was clearly erroneous in view of the reliable, material, probative and substantial competent evidence; and that the decision was arbitrary and capricious because Board ignored the recommendation of the Hearing Officer without hearing all the evidence.

Patrick asked the District Court to reinstate the Hearing Officer’s conclusion that he was “acquitted” of a knowing and willful violation of the statutes regarding state aid.

By agreement of the parties, the trial court acted upon the record and briefs to the court. The trial court affirmed Board’s Decision and Order, finding, among other things:

[770]*770As Chief Executive Officer of the Cave Springs School District charged with the oversight of all financial affairs of the district, the Appellant’s actions or inac-tions were not merely imprudent but were careless, wanton and inexcusable and in the judgment of this Court gave rise to the dignity of being done knowingly and willfully thereby justifying the revocation of Appellant’s certificate in accordance with Title 70 O.S.A. Section 3-104(9). (emphasis in original).

Patrick brings this appeal from the trial court’s order affirming Board’s determination. While Patrick alleges trial court error in four briefed propositions, we find his initial contention — that the court’s decision was arbitrary and capricious — to be meritorious. We will therefore consider only that proposition.

This Court may set aside an order of an administrative agency if the substantial rights of the Appellant have been prejudiced because the agency findings or conclusions are arbitrary or capricious. 75 O.S.1981 § 322. The terms arbitrary or capricious, as used in our Administrative Procedures Act, have not been construed in Oklahoma.

We find instructional the definition of arbitrary or capricious adopted by the Supreme Court of Washington in Stempel v. Department of Water Resources, 82 Wash.2d 109, 508 P.2d 166 (1973), an opinion cited by both parties here. The Court in Stempel, interpreting a provision in their Administrative Procedures Act substantially the same as 75 O.S.1981 § 322, held:

... A finding can be held to be “arbitrary or capricious” if there is no support for it in the record and it is therefore a “wilful and unreasoning action, in disregard of facts and circumstances.”

Stempel v. Department of Water Resources, 508 P.2d at 169.

To support its actions under the allegations contained in the administrative complaint, Board must find evidence that Cave Springs School District exceeded its appropriation for the 1987-88 school year in violation of 68 O.S.1981 § 2499; that Patrick was responsible for that violation and that Patrick's actions were willful.6

The alleged overexpenditure is supported by the findings of a statutory annual audit conducted after the close of the 1987-88 school year. The audit does not establish at what point expenditures exceeded appropriations, only that the year end result was an overexpenditure. Because Patrick was superintendent for only a portion of the school year, the audit is not sufficient to prove his responsibility.

Board relies on the school district’s encumbrance ledger in finding the alleged violation occurred while Patrick was still acting as superintendent. The function of the encumbrance ledger, as described by Board’s witness, is to list the financial obligations of a school district as they are approved by the school board. This ledger is maintained by the encumbrance clerk, who is someone other than the superintendent.

The Cave Springs encumbrance ledger reflected that by August 1987, while Patrick was still superintendent, total encumbrances were $929,540.48, most of which was for teachers’ salaries for the year. It is uncontroverted the original amount appropriated by the county excise board was only $870,030.91, and that amount was only supplemented well after it had been exceeded by encumbrances.

However, the administrative complaint, Board and the trial court explicitly relied on the prohibitions found in 68 O.S.1981 § 2499.

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1992 OK CIV APP 153, 842 P.2d 767, 64 O.B.A.J. 42, 1992 Okla. Civ. App. LEXIS 123, 1992 WL 389889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-state-ex-rel-state-board-of-education-oklacivapp-1992.