Ray v. Decatur City Board of Education

723 So. 2d 680, 1998 Ala. Civ. App. LEXIS 396, 1998 WL 272731
CourtCourt of Civil Appeals of Alabama
DecidedMay 29, 1998
Docket2970392
StatusPublished

This text of 723 So. 2d 680 (Ray v. Decatur City Board of Education) 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
Ray v. Decatur City Board of Education, 723 So. 2d 680, 1998 Ala. Civ. App. LEXIS 396, 1998 WL 272731 (Ala. Ct. App. 1998).

Opinion

WRIGHT, Retired Appellate Judge.

Rose Ray, Carol Strickland, Richard Graham, and Brenda Smith (employees) filed a complaint in the Morgan County Circuit Court against the Decatur City Board of Education, the individual members of the Board, the superintendent of the Board, and various fictitious defendants. The employees requested that the trial court declare that the Board, the Board members, and the superintendent had wrongfully terminated their employment, had violated the Fair Dismissal Act, and had failed to follow its own policies and procedures. They also asserted claims of breach of contract. Strickland and Graham also asserted discrimination claims.

The Board, the Board members, and the superintendent filed a motion for a summary judgment on the employees’ declaratory and breach of contract claims. They also filed a narrative summary of the evidence, the exhibits, a supporting affidavit, and a brief. The employees filed individual motions for a summary judgment, along with supporting briefs.

Following arguments of counsel, the trial court granted the summary judgment motion of the Board, the Board members, and the superintendent. Thereafter, the trial court entered an amended order, granting the summary judgment motion of the Board, the Board members, and the superintendent, but reserving ruling on Strickland and Graham’s discrimination claims. The trial court, pursuant to Rule 54(b), Aa. R. Civ. P., made the order final and appealable. The employees filed a motion to alter, amend, or vacate the amended order, which the trial court denied.

The employees appeal, contending that they were nonprobationary employees and were entitled to notice and a hearing before termination of their employment, that the Board’s failure to provide Smith with a 15-day notice of nonrenewal of her contract violated the Fair Dismissal Act, and that the Board violated the Fair Dismissal Act, §§ 36-26-100 through -108, Aa.Code 1975, and its policies in failing to vote on the superintendent’s recommendation that the employees’ contracts not be renewed.

A motion for a summary judgment may be granted when no genuine issue of a material fact exists and the moving party is entitled to a judgment as a matter of law. Hand v. [682]*682Greensprings Storage, 678 So.2d 1187 (Ala.Civ.App.1996). If the moving party makes a prima facie showing that no genuine issue of a material fact exists and that it is entitled to a judgment as a matter of law, the burden shifts to the nonmovant to present substantial evidence demonstrating the existence of a genuine issue of a material fact. Id.

Ray was a custodian from January 3,1994, until June 13, 1996. Smith was a teacher/clerical aide from September 19,1994, until May 30, 1996. Graham was a custodian from January 27, 1994, until June 13, 1996. Strickland was a custodian from August 26, 1993, until June 13, 1996. Ray, Strickland, and Graham were also substitute custodians before becoming regular custodians. Smith was a substitute teacher before becoming a teacher/clerical aide. Each worked under a contract of employment that had a specified beginning and an ending date.

The employees worked at different schools. The superintendent requested that the school principals recommend which school employees’ contracts should or should not be renewed. The superintendent received a nonrenewal recommendation for each of the employees’ contracts and presented his recommendations to the Board. The Board did not vote on the superintendent’s recommendations that the employees’ contracts should not be renewed. In a letter the superintendent informed each of the employees that the Board had not renewed his or her contract. Each of the employees, except Smith, received a 15-day notice that his or her contract was not renewed. Smith received eight days’ notice of the nonrenewal of her contract.

The employees argue that, if one adds the time they were employed as “substitute” custodians or as a clerical aide to the years they were employed as custodians or as a clerical aide, they were employed for three years, and that they were entitled to notice and a hearing before their employment contracts were terminated.

The Fair Dismissal Act (FDA), §§ 36-26-100 through -108, Ala.Code 1975, sets the dismissal procedures for nonteachers and employees of city and county boards of education. The FDA applies to the following:

“[A]ll persons employed by county and city boards of education, two-year educational institutions under the control and auspices of the state board of education, the Alabama Institute for Deaf and Blind not to include production workers at the Alabama Industries for the Blind, educational and correctional institutions under the control and auspices of the Alabama department of youth services, who are so employed as bus drivers, lunchroom or cafeteria workers, maids and janitors, custodians, maintenance personnel, secretaries and clerical assistants supervisors and all other persons not otherwise certified by the state board of education. Only full-time employees who are not otherwise covered by the state merit system, the teacher tenure law, or other state statute at the time this article is adopted are intended to be covered by this article. Full-time employees include (a) adult bus drivers and (b) other employees whose duties require 20 or more hours in each normal working week of the school term, employing board holidays excepted. Substitute teachers and substitute employees are excluded from the article.”

§ 36-26-100, Ala.Code 1975 (emphasis added). Section 36-26-101 provides that “[a]ll employees as defined in section 36-26-100 shall be deemed employed on a probationary status for a period not to exceed three years from the date of his or her initial employment. ...”

Our supreme court has held as follows:

“The fundamental rule of statutory construction is to ascertain and give effect to the intent of the legislature in enacting the statute. Words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used a court is bound to interpret that language to mean exactly what it says. If the language of the statute is unambiguous, then there is no room for judicial construction and the clearly expressed intent of the legislature must be given effect. Tuscaloosa County Comm’n [683]*683v. Deputy Sheriffs’ Ass’n of Tuscaloosa County, 589 So.2d 687 (Ala.1991).”

IMED Corp. v. Systems Engineering Assoc., 602 So.2d 344, 346 (Ala.1992).

The language of § 36-26-100 is plain and unambiguous; the FDA does not apply to “substitute employees.” Therefore, because the FDA expressly excludes substitute employees from its coverage, we conclude that the years, months, or days that the employees were employed as substitute custodians or as a clerical aide do not apply toward the three-year probationary period set forth in § 36-26-101. See Ex parte McLeod, 718 So.2d 682 (Ala.1997). Unlike the Teacher Tenure Act, which is codified at §§ 16-24-1 through -38, Ala.Code 1975, the FDA does not contain an automatic contract renewal provision. None of the employees had been employed as a “regular employee” for three years; therefore, the employees had not acquired nonprobationary status when their contracts lapsed. Accordingly, the employees were not entitled to notice and a hearing pursuant to §§ 36-26-103 and -104.

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Related

Ex Parte McLeod
718 So. 2d 682 (Supreme Court of Alabama, 1997)
IMED Corp. v. Systems Engineering Assoc.
602 So. 2d 344 (Supreme Court of Alabama, 1992)
Tuscaloosa County Com'n v. Deputy Sheriffs
589 So. 2d 687 (Supreme Court of Alabama, 1991)
Hand v. Greensprings Storage
678 So. 2d 1187 (Court of Civil Appeals of Alabama, 1996)
Guyse v. Morgan County Board of Education
516 So. 2d 692 (Court of Civil Appeals of Alabama, 1987)

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Bluebook (online)
723 So. 2d 680, 1998 Ala. Civ. App. LEXIS 396, 1998 WL 272731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-decatur-city-board-of-education-alacivapp-1998.