Scobey School District v. Radakovich

2006 MT 83, 135 P.3d 778, 332 Mont. 9, 2006 Mont. LEXIS 144, 179 L.R.R.M. (BNA) 2863
CourtMontana Supreme Court
DecidedApril 25, 2006
Docket04-675
StatusPublished
Cited by1 cases

This text of 2006 MT 83 (Scobey School District v. Radakovich) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scobey School District v. Radakovich, 2006 MT 83, 135 P.3d 778, 332 Mont. 9, 2006 Mont. LEXIS 144, 179 L.R.R.M. (BNA) 2863 (Mo. 2006).

Opinions

JUSTICE RICE

delivered the Opinion of the Court.

¶1 Appellant Scobey School District appeals from the order of the Fifteenth Judicial District Court reversing the Daniels County Superintendent’s decision upholding the Scobey School District’s termination of Mike Radakovich as a tenured teacher. We reverse.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in reversing the Daniels County Superintendent’s decision upholding the Scobey School District’s termination of a tenured teacher?

BACKGROUND

¶4 Hired in 1987 by the Scobey School District (District), Respondent Mike Radakovich (Radakovich) taught social studies at Scobey High School until 1994. During this period, Radakovich possessed State certification and endorsement in only one subject area, social studies. As a result, he did not teach other classes during his time at the District.

¶5 In late 1993 and early 1994, District Superintendent of Schools Dustin Hill (Hill) assessed the District’s financial situation and determined that expenditures had to be reduced for the next fiscal year. While estimates fluctuated, Hill indicated that between $98,000 and $114,000 had to be cut from the District’s budget. As such, Hill [11]*11recommended that the Scobey School Board (Board) reduce staffing costs in the District’s schools by approximately $60,000. He met with Scobey High School Principal George Rider to discuss staff reductions at the high school.

¶6 After his meeting with Principal Rider, Hill met with the Scobey High School faculty to discuss the impending Reduction in Force (RIF), and provided the staff with the criteria that would be used to make the RIF. The worksheet provided to the staff read in pertinent part:

When considering a R.I.F. in the HIGH SCHOOL, the following criteria will be considered:
1. Seniority and evaluations where possible.
2. Endorsements in the programs we offer.
a) Multiple endorsements will be preferred due to the versatility of using teachers in more than one area.
b) Total number of students assigned to teachers must be consistent with accreditation standards, e.g. Teachers in a significant writing program maximum of 100 students.

¶7 After evaluating program needs, Hill recommended to the Board a restructuring of teaching positions based upon the certifications of the teaching staff. As part thereof, Hill recommended that the Board terminate Radakovich. The letter recommending Radakovich’s termination, dated March 21, 1994, outlined the reasons behind the recommendation, including recent school funding changes and Radakovich’s lack of multiple-subject endorsements. Thereafter, the Board notified Radakovich of the recommendation, and pursuant to statute, scheduled a hearing regarding the dismissal. After the hearing, held on April 12,1994, the Board voted unanimously to accept Superintendent Hill’s recommendation, and took formal action to terminate Radakovich’s employment. Pursuant to the restructuring, the District also formally terminated at least one other teacher employed by the District.

¶8 As two other social studies teachers, one a tenured teacher junior to Radakovich and the other a non-tenured teacher, were retained by the District under the restructuring, Radakovich challenged his termination in binding arbitration under the Collective Bargaining Agreement (CBA) between the District and the Scobey MEA. Following arbitration, the arbitrator affirmed Radakovich’s dismissal, and Radakovich thereafter sought relief from the County Superintendent of Schools and, ultimately, the State Superintendent of Public Instruction, pursuant to § 20-4-204, MCA (1993). In each instance he argued that his termination violated both § 20-4-203, MCA (1993), and [12]*12the CBA. Both superintendents affirmed his dismissal. However, upon judicial review, the District Court reversed, finding that Radakovich’s rights under § 20-4-203, MCA (1993), had been violated, and that his termination violated the CBA. Thereafter, the District appealed to this Court.

¶9 In July of 2000, we reversed the order of the District Court, and remanded the matter back to that court with instructions to remand to the County Superintendent for further proceedings. Radakovich v. Board of Trustees, 2000 MT 176N, 302 Mont. 537, 12 P.3d 425 (Radakovich I). We determined that (1) the District Court had improperly reviewed the arbitrator’s finding that Radakovich’s termination did not violate the CBA, and (2) the County Superintendent had not only failed to enter appropriately supported and reasoned findings of fact and conclusions of law as required by Baldridge v. Board of Trustees (1994), 264 Mont. 199, 870 P.2d 711 (Baldridge I), but had also failed to address Radakovich’s contention that his termination violated § 20-4-203, MCA (1993). On remand, the County Superintendent was required to enter appropriate findings of fact and conclusions of law, and to rule on the merits of Radakovich’s § 20-4-203, MCA (1993), claim. Radakovich I, ¶ 29.

¶10 Following remand, and in accordance with Radakovich I, the County Superintendent once again reviewed Radakovich’s appeal, made detailed findings of fact and conclusions of law, and again concluded that the District had properly terminated his contract. On appeal, the State Superintendent of Public Instruction affirmed. However, the District Court again reversed, concluding that the use of the “multiple endorsements” criteria violated both the CBA and § 20-4-203, MCA (1993), and further, that the “multiple endorsements” criteria was unfairly applied.

¶11 Appellant Scobey School District appeals.

STANDARDS OF REVIEW

¶12 A tenured teacher has the right to appeal his or her dismissal to the County Superintendent of Schools. Section 20-4-204(5), MCA (1993). Pursuant to §§ 20-4-204(5), MCA (1993), and 2-4-623, MCA (1993), the County Superintendent, in turn, must make concise and explicit findings of fact as well as conclusions of law. See Baldridge I, 264 Mont. at 206, 870 P.2d at 715. In a case involving the dismissal of a tenured teacher, the County Superintendent is the trier of fact. Baldridge v. Board of Trustees (1997), 287 Mont. 53, 58, 951 P.2d 1343, 1346 (Baldridge II).

[13]*13¶13 Upon final decision of a County Superintendent, a case may be appealed by either party to the State Superintendent. Section 20-4-204(6), MCA (1993). The State Superintendent reviews the decision of the County Superintendent pursuant to Rule 10.16.125, ARM. On review, the State Superintendent is confined to the record, and may not substitute his or her judgment for that of the County Superintendent as to the weight of the evidence on questions of fact. Baldridge I, 264 Mont. at 207, 870 P.2d at 716; see also Rule 10.16.125, ARM.

¶14 “In the event of judicial review of the state superintendent’s decision, a district court applies the standards contained in § 2-4-704, MCA.” Baldridge II, 287 Mont. at 58, 951 P.2d at 1346, citing Baldridge I, 264 Mont. at 209, 870 P.2d at 717. However,

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Scobey School District v. Radakovich
2006 MT 83 (Montana Supreme Court, 2006)

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Bluebook (online)
2006 MT 83, 135 P.3d 778, 332 Mont. 9, 2006 Mont. LEXIS 144, 179 L.R.R.M. (BNA) 2863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scobey-school-district-v-radakovich-mont-2006.