Stegall v. Jones

241 So. 2d 349, 1970 Miss. LEXIS 1334
CourtMississippi Supreme Court
DecidedNovember 9, 1970
DocketNo. 45921
StatusPublished
Cited by3 cases

This text of 241 So. 2d 349 (Stegall v. Jones) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stegall v. Jones, 241 So. 2d 349, 1970 Miss. LEXIS 1334 (Mich. 1970).

Opinions

ROBERTSON, Justice:

The appellant, E. P. Stegall, was given written notice of his suspension and removal as Principal of the Brandon Attendance Center by the appellee, C. W. Jones, Rankin County Superintendent of Education. In the notice he was advised of his right to a public hearing before the County Superintendent, pursuant to the provisions of § 6282-26, Miss.Code of 1942 Annotated (Supp.1968).

The appellant employed an attorney, and even though a transcript of the testimony was not required under the statute, by agreement of counsel, a complete transcript of the testimony, both oral and documentary, given at the public hearing before the County Superintendent on June 10, 1969, was made.

The County Superintendent found the appellant guilty of the six charges against him and removed him from office. The appellant appealed to the state board of education, and that Board, composed of the State Superintendent of Education, the Attorney General, and the Secretary of State, affirmed the Order of the County Superintendent. Appellant then appealed to the Chancery Court of Rankin County, as provided in § 6282-26 supra. That court, in a written opinion, affirmed the order of the State Board of Education which had affirmed the Order of the County Superintendent removing the appellant from his office as Principal of the Brandon Attendance Center. The appellant thereupon appealed to this Court.

At its Extraordinary Session of 1953, the Mississippi Legislature passed a comprehensive school law providing additional safeguards for professional educators.

Before the enactment in 1953 of this comprehensive school law, Sec. 6262, Miss. Code of 1942 Annotated (1952), covered the removal from office of any teacher or trustee. That section provided:

“For incompetency, neglect of duty, immoral conduct, or other disqualifications, the county superintendent may suspend or remove any teacher or trustee from office in any school district. For the purpose of conducting inquiries and trials, the superintendent has the same power as a justice of the peace to issue subpoenas for witnesses and to compel their attendance and the giving of evidence by them. Appeals may be had as provided in the following section on revoking teachers’ license. When from such cause, or from death, resignation, or other cause, a vacancy in either of the above named offices occurs, it shall be the duty of the county superintendent, within ten days after the vacancy occurs, or as soon thereafter as is practicable, to supply the same by appointment.” (Emphasis added).

Sec. 6263, referred to in Sec. 6262, provided the only method of appeal from the county superintendent’s ruling. It was a very short section in these words:

“For intemperance, immoral conduct, brutal treatment of a pupil, or other good cause, the county superintendent may revoke the license, state or county, of a teacher; but the teacher or those opposed to the teacher shall be allowed an appeal to the state board of education, to whom statements, under oath, of the facts may be made by the county superintendent and other interested parties. The teachers must be notified of the charges ten days before the trial, by the county superintendent.” (Emphasis added).

Sec. 6282-26, Miss.Code of 1942 Annotated (Supp.1968), combined Sections 6262 and 6263, supra, and granted additional safeguards to a suspended or removed superintendent, principal or teacher.

That Sec. 6282-26 said:

“For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or other good cause the county superintendent of education or superintendent of the municipal separate school district, as the case may be, [351]*351may remove or suspend any superintendent, principal or teacher in any school district, but before being so removed or suspended the superintendent, principal, or teacher shall be notified of the charges against him and he shall be advised that he is entitled to a public hearing upon said charges at a date to be fixed in such notice. The notice shall be in writing and shall be given at least ten (10) days before the date fixed therein for the hearing. For the purpose of conducting such hearings the county superintendent of education or the superintendent of the municipal separate school district shall have the same power as a justice of the- peace to issue subpoenas for witnesses and to compel their attendance and the giving of evidence by them. From the decision made at said hearing the superintendent, principal or teacher and those persons opposed to such principal, superintendent or teacher shall be allowed an appeal to the state board of education and for the purpose of such appeal either oral or written statements, under oath, of the facts may be made by the county superintendent of education or the municipal separate school district superintendent and the other interested parties. Any party aggrieved by the said ruling of the state board of education may effect an appeal therefrom to the chancery court in the same manner as appeals from the state education finance commission. When a superintendent, principal or teacher is removed as provided in this section the county superintendent or the municipal separate school district superintendent shall notify the board of trustees of the school district involved and a superintendent, principal or teacher shall be selected to fill such vacancy in the manner otherwise provided in this act.” (Emphasis added).

It will be noted that Sec. 6282-26 provided for the first time for a public hearing to the suspended or removed educator. Not only did it bring forward the right of appeal to the state board of education, but it added still another right of appeal “to the chancery court in the same manner as appeals from the state education finance commission.”

The appeal to this Court affords to the appellant the third careful review of the order of the county superintendent removing him from office entered after the public hearing on June 10, 1969. Additionally we have the benefit of the full transcript of the evidence, pleadings and judgments consisting of 192 pages of record.

The written contract of employment signed by appellant and appellee on July 29, 1968, contained the following promise and obligation:

“2. That the said person hereby accepts such employment and obligates himself to perform such duties as are required by law or by the board of trustees of the said school district, and to perform his duties in said position in a satisfactory manner and in accordance with the policies, rules, and regulations of the State Board of Education, County Board of Education and/or the board of trustees of said school district.” (Emphasis added).

The Revised Policies of the Rankin County Board of Education, a copy of which was delivered to appellant at the time of his employment, provided:

“The Principals of each Attendance Center in the County shall work directly under and be responsible to the County Superintendent of Education. They are charged with the supervision of instruction and staff at their Attendance Centers, proper spending and accounting of all funds in their budgets, and in making audited reports to the County Office. All Principals shall be bonded. The Attendance Center

Free access — add to your briefcase to read the full text and ask questions with AI

Related

BD. OF TRUST. OF JACKSON SCHOOL v. Knox
688 So. 2d 778 (Mississippi Supreme Court, 1997)
Holliday v. West Point Mun. Sep. Sch. Dist.
401 So. 2d 1296 (Mississippi Supreme Court, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
241 So. 2d 349, 1970 Miss. LEXIS 1334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stegall-v-jones-miss-1970.