Shiers v. Richland Parish School Bd.

902 So. 2d 1173, 2005 La. App. LEXIS 1251, 2005 WL 1109586
CourtLouisiana Court of Appeal
DecidedMay 11, 2005
Docket39,649-CA
StatusPublished
Cited by1 cases

This text of 902 So. 2d 1173 (Shiers v. Richland Parish School Bd.) 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
Shiers v. Richland Parish School Bd., 902 So. 2d 1173, 2005 La. App. LEXIS 1251, 2005 WL 1109586 (La. Ct. App. 2005).

Opinion

902 So.2d 1173 (2005)

Jesse SHIERS, Plaintiff-Appellant
v.
RICHLAND PARISH SCHOOL BOARD, Defendant-Appellee.

No. 39,649-CA.

Court of Appeal of Louisiana, Second Circuit.

May 11, 2005.

*1174 Fewell-Kitchens by Richard L. Fewell, Jr., Robert T. Knight, for Appellant.

David P. Doughty, Office of District Attorney, Fifth Judicial District, Civil Division, for Appellee.

Before CARAWAY, PEATROSS and LOLLEY, JJ.

CARAWAY, J.

In this case, an untenured teacher who had taught in the parish for over two years filed suit against the school board alleging the board's failure to reassign him to a different school in the parish. The school board moved for summary judgment on the strength of evidence showing that plaintiff had refused the board's offer to return to the same school in which he had previously taught. Finding that the plaintiff had not been dismissed from his employment and ultimately decided against returning to his school himself, the trial court granted the motion for summary *1175 judgment. Finding no disputed facts surrounding the trial court's ruling and no error of law, we affirm.

Facts

Matters of record reveal that the appellant, Jesse Shiers ("Shiers"), was first employed as a teacher by the Richland Parish School Board (the "Board") beginning in February, 1997. Shiers taught social studies at Rayville Junior High School ("RJHS"). At the time of his employment, Shiers was uncertified, having not fulfilled the necessary qualifications for teachers as set forth by the Louisiana State Board of Elementary and Secondary Education ("BESE").

Shiers' principal at RJHS, Dan Lane, testified that because of Shiers' class management problems, he was monitored in a "formal intensive assistance program" during the fall of 1998. At the end of the 1998-1999 school year in May, Lane testified that he "informally told [Shiers] that I thought he should consider going to another location and starting over, that as a fellow educator, I thought that might be a wise thing to do." The next day, on May 27, 1998, Shiers wrote the following letter to Bonnie Adams, the superintendent of Richland Parish schools:

Ms. Adams,
I am presently employed at Rayville Jr. High in Richland Parish. I would like to terminate my employment at Rayville Jr. High, and seek employment elsewhere in the parish. I feel like I would be better suited in another location in the parish. This change I feel would benefit me as a teacher.
Sincerely, /s/ Jesse D. Shiers

The Board received Shiers' correspondence on May 28, 1999, and, considering it as a letter of resignation, approved it as such at the June 1 regular meeting. Correspondence confirming this action was mailed to Shiers the following day. Upon learning of that action, Shiers disputed the resignation, asserting that he was merely seeking a transfer to a different school in the district and did not intend to resign his teaching position. Shiers met with Adams in July to explain the misunderstanding.

After clarifying the intent of his May letter, Shiers admitted that he was subsequently offered a different teaching position at RJHS for the next school year. Although he accepted the position initially and reported back to RJHS in August 1999, his return to the school lasted only for one day. Lane testified in his deposition as follows:

A. Mr. Shiers was coming back. And we had a specific class for him in mind. It was a small number of students. He came in one day and just observed the class and spent time and got comfortable with it to see if he would like it basically is what we offered to see if he wanted that. At the end of the day, myself and Carol White, who is our school counselor and Tommy Woodson, who is our at risk coordinator, all met with Mr. Shiers. And I asked him do you want—"Do you want this position?" And he said, "Yes, sir." And I went on to explain to him that my concerns from last spring that I voiced to him at the end of the year were still the same concerns, that management would be a problem, that I would help him any way I could and try to help him improve. And after about eight or ten weeks, if I didn't see marked improvement, then I would have to make a decision. And hopefully he would improve. But if he did not, then I would have to pursue another intensive assistance plan, paper *1176 work and that that would not be a good thing, and that I very much urged him to give it his best shot to improve. And that Ms. White would help him. I would help him and Coach Woodson would do anything we could to help him. And he understood and appreciated our concern and said he still wanted the job.
Q. And then what happened?
A. We set him up. He had the room. He had the keys and the books and said he would be there in the morning. And that's the last I saw him.
Q. So he didn't come the next day?
A. The next morning, as I understand, he came there before I did and turned in his keys and just wrote a note to me, "Mr. Lane, here are my keys," I think is basically what it said. And I didn't see him again.

Shiers testified that Lane told him upon his return to RJHS that Lane would scrutinize his teaching efforts during the 1999-2000 school year. Shiers testified that he then decided not to return to RJHS after a telephone conversation with a school board member, William Burgess, who advised him to tell Lane that he was not coming back and that he would be reassigned to another school. However, the next day, superintendent Adams told Shiers there were no other openings and that he should return to RJHS. Additionally, according to Adams' testimony, which was not disputed by Shiers, she continued until October of 1999 to offer Shiers the job at RJHS along with her assurances that the principal, Lane, "would work with him and that we would do everything we could to help him make improvements."

Regarding Shiers' certification as a teacher, the evidence shows that he obtained all of the educational training required for teacher certification by the spring of 1999. Yet, he did not apply for a teacher's certificate until February 17, 2000, and BESE issued the certificate on April 10, 2000.

Shiers filed suit against the Board on May 23, 2000. His petition alleged that he was a certified teacher. The primary assertion in the suit was that while he was advised by the Board that he would be transferred to another parish school, he was never reassigned. His prayer for relief includes a request for an order from the court assigning him to a school in Richland Parish.

Thereafter, the Board moved for summary judgment. The Board alleged in its motion that after his resignation, Shiers was never officially rehired for the 1999-2000 school year and, as an uncertified teacher, was not entitled to any kind of hiring preference. After a hearing on the Board's motion for summary judgment, the trial court granted the motion and dismissed Shiers' claims. This appeal followed.

Discussion

A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine factual dispute. Sanders v. Sanders, 33,865 (La.App. 2d Cir.9/27/00), 768 So.2d 739. Summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact, and that mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B).

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Related

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Bluebook (online)
902 So. 2d 1173, 2005 La. App. LEXIS 1251, 2005 WL 1109586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shiers-v-richland-parish-school-bd-lactapp-2005.