Porter v. Hugine

101 So. 3d 1228, 2012 WL 3241848
CourtCourt of Civil Appeals of Alabama
DecidedAugust 10, 2012
Docket2101233 and 2110403
StatusPublished
Cited by1 cases

This text of 101 So. 3d 1228 (Porter v. Hugine) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porter v. Hugine, 101 So. 3d 1228, 2012 WL 3241848 (Ala. Ct. App. 2012).

Opinion

PITTMAN, Judge.

In case no. 2110403, Melvin Bowers appeals from a summary judgment in favor of Dr. Andrew Hugine, Jr., in his official capacity as the president of Alabama Agricultural and Mechanical University (“the University”), and 11 members of the University’s Board of Trustees (“the Board”),1 in their official capacities (hereinafter sometimes collectively referred to as “the University parties”). In case no. 2101238, Charlie Porter appeals from a summary judgment in favor of the University parties. Both appeals were transferred to this court pursuant to § 12-2-7(6), Ala. Code 1975, and this court consolidated the appeals, ex mero motu, for the purpose of writing one opinion. We affirm the judgments of the Madison Circuit Court.

Factual and Procedural Background

Case No. 2110403

Bowers was employed as the auxiliary-services director of the University. On September 9, 2010, he received a letter from the University officer to whom he reported, informing him that the termination of his employment had been “recommended to and approved by” the president, effective September 30, 2010. On December 29, 2010, Bowers filed an action in the Madison Circuit Court, alleging that the termination of his employment was void because, he said, the president did not have the independent authority to dismiss Bowers from his employment but, rather, that § 16-49-23, Ala.Code 1975, vested in the Board the exclusive and nondelegable authority to dismiss employees of the University from their employment. Based on those allegations, Bowers asserted claims for declaratory and injunctive relief and sought the issuance of a writ of mandamus ordering the reinstatement of his employment as well as the payment of wages and benefits lost as a result of his dismissal. The University parties answered, asserting, among other defenses, that Bowers’s claims were barred by Article I, § 14 of the Alabama Constitution of 1901, and by Alabama’s at-will employment doctrine.

The parties filed cross-motions for a summary judgment. In support of his motion, Bowers submitted a memorandum of law in which he argued that his claims based on the alleged violation of § 16-49-23 satisfied the declaratory-judgment exception to the doctrine of sovereign immunity and that his claims seeking reinstatement, lost wages, and benefits satisfied the legal-duties and ministerial-acts exceptions to the doctrine of sovereign immunity. Bowers also submitted the following evi-dentiary materials: his own affidavit; the termination letter he received from the University; and the personnel-action form [1231]*1231documenting his dismissal from employment.

In support of their motion for a summary judgment, the University parties submitted a memorandum of law in which they argued that none of the exceptions to the sovereign-immunity doctrine applied to Bowers’s claims and that those claims were barred because Bowers was an at-will employee. The University parties submitted the following additional eviden-tiary materials: the affidavit of Cheryl K. Johnson, the University’s assistant director of human resources; the affidavit of Velma Tribue, a member of the Board; the University’s two employee handbooks — the “Faculty and Administrative-Staff Handbook” and the “Staff Handbook”; and Article IV of the bylaws adopted by the Board.

Johnson stated that she had reviewed Bowers’s personnel records and determined that he “did not have any agreement with the University that provided for a specific term of employment,” meaning, she said, that Bowers was not a contract employee, a member of the faculty, or an employee who was eligible for tenure. The personnel-action form that reflected Bowers’s termination from employment stated that “Alabama A & M employees are at-will unless designated otherwise in writing.” Johnson explained that the University maintains two separate handbooks for two separate categories of employees: the Faculty and Administrative-Staff Handbook and the Staff Handbook. Johnson stated that Bowers was a staff employee subject to the Staff Handbook, not an administrative-staff employee subject to the Faculty and Administrative-Staff Handbook. The “Introduction” section of the Staff Handbook states:

“This Handbook is not intended to constitute or be part of an employment contract between the employee and the University, nor is anything contained in this Handbook a covenant, and should not be construed as such. Unless dictated otherwise by statute, employment by the University is not for a definite term and may be terminated by the University or employee at any time, for any reason or no reason, unless otherwise agreed in writing by one authorized by the Board of Trustees to do so. The policies of the University may be changed or amended at any time, with or without prior notice. Unless dictated otherwise by statute or by virtue of being a tenured member of the faculty, employment by the University is not for a definite term and may be terminated by the University or employee at any time, for any reason, unless otherwise agreed. No supervisor or representative of the University, except for the President, has any authority to enter into any agreement for employment for any specified period of time, or to make any agreement inconsistent with this acknowledgment. If any agreement is made which is inconsistent with this acknowledgment, to be valid, any such agreement must be in writing, designated as an employment agreement, and signed by the President.”

The Staff Handbook also states that “[sjtaff employees are employees at will and may be terminated without cause by the University upon three weeks’ notice. Such terminations must ultimately be approved by the President”; it also states that the president “has the authority ... to remove any such instructors, officers, staff, or other employees.”

Tribue stated that she had been a member of the Board since 2003 and was currently serving as the secretary of the Board. She explained that the Board had adopted bylaws governing the relationship between itself and the president. She [1232]*1232identified Article IV, § 1 of the bylaws, which states, in pertinent part:

“Specific powers and duties of the Board of Trustees are defined by the Laws of the State of Alabama. Among the duties imposed upon or granted to the Board is to establish administrative procedures and policies for the operation of the University. The Board exercises its prerogative by employing a President of the University and assigning him the responsibility of administering the University in conformity with the State laws and policies adopted by the Board of Trustees. The Board delegates all administrative activities completely to the President of the University who is held fully responsible and accountable for the execution, of all policies....”

(Emphasis added.) Tribue also identified Article IV, § 5 of the bylaws, in which the Board “delegate[d] to the President of the University the authority to staff positions ... with suitable persons at the various levels of employment at the University.”

Bowers moved to strike the affidavits of Johnson and Tribue. On August 8, 2011, the circuit court entered a judgment denying Bowers’s motion to strike, denying Bowers’s motion for a summary judgment, and granting the University parties’ motion for a summary judgment, without specifying the grounds on which it based that judgment.

Case No. 2101233

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101 So. 3d 1228, 2012 WL 3241848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-hugine-alacivapp-2012.