Thomas v. Evangeline Parish School Bd.

733 So. 2d 102, 98 La.App. 3 Cir. 1458, 1999 La. App. LEXIS 722, 1999 WL 157414
CourtLouisiana Court of Appeal
DecidedMarch 24, 1999
Docket98-1458
StatusPublished
Cited by8 cases

This text of 733 So. 2d 102 (Thomas v. Evangeline 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
Thomas v. Evangeline Parish School Bd., 733 So. 2d 102, 98 La.App. 3 Cir. 1458, 1999 La. App. LEXIS 722, 1999 WL 157414 (La. Ct. App. 1999).

Opinion

733 So.2d 102 (1999)

Calvin THOMAS, Plaintiff-Appellant,
v.
EVANGELINE PARISH SCHOOL BOARD, Defendant-Appellee.

No. 98-1458.

Court of Appeal of Louisiana, Third Circuit.

March 24, 1999.
Writ Denied June 4, 1999.

*103 James Isaac Funderburk, Abbeville, for Calvin Thomas.

Daniel G. Brenner, Alexandria, for Evangeline Parish School Board.

Before: DOUCET, C.J., THIBODEAUX, and WOODARD, JJ.

DOUCET, Chief Judge.

The Plaintiff-Appellant, Calvin Thomas, appeals the trial court's judgment upholding the Evangeline Parish School Board's decision to terminate his employment as a school janitor. We reverse the decision of the trial court.

PROCEEDINGS IN THE TRIAL COURT

In his Reasons for Judgment, the trial judge outlined the basic facts of the case as follows:

The plaintiff was a full time non-tenured janitor at the ACE School in Evangeline Parish and was also used as a relief bus driver at the school. Thomas was discharged from his duties as janitor on August 2, 1995 by the School Board at its regular meeting. On or about July 22, 1996 Thomas filed a Petition for Declaratory Judgment and writ of Mandamus against the Evangeline Parish School Board seeking reinstatement. Thomas alleges the Board violated the provisions of their procedures for separation of employees in firing him. In this petition Thomas alleges that the Board failed to follow their procedures in the following respects:
a) failing to provide plaintiff with a copy of the recommendation of his principal or department head;
b) failing to provide plaintiff with an opportunity to resign or retire;
c.) to provide plaintiff with a copy of the written recommendation of the superintendent or designee as required[.]

The trial judge went on to discuss the law and jurisprudence applicable to the case, stating:

The Louisiana Constitution provides for the creation and recommendation of parish school boards but does so subject to the power of the Legislature to enact laws affecting them. By enacting Louisiana Revised Statutes 17:81.5, the Legislature removed non-tenured school employees from the category of "at will" employees. This legislation, in effect, limited the authority of school boards to hire and fire non-tenured, non-teaching personnel without regard to the rights of the employees so affected.
*104 The Louisiana Constitution and the Legislature entrust the administration of the school system to the Parish School boards and not to the courts. The School Board is vested with broad discretion in the administration of the school system, nevertheless, due process requires judicial review to insure that the school boards do not abuse this discretion. But that review is limited, and where there is a rational basis, which is supported by substantial evidence for the School Board's discretionary determination, the Courts cannot and should not substitute their judgment for that of the School Board. Myres v. Orleans Parish School Board, 423 So.2d 1303 [(La.App. 4 Cir.1982)], writ denied, 430 So.2d 657 [(La.1983)].
The Court finds that the School Bus driver tenure act does not apply to the part time lunch route which Mr. Thomas had. Mr. Thomas is not, therefore, entitled to the procedural mandates of R.S. 17:492. The procedures which the Board was required to follow in terminating Mr. Thomas [were] its "Procedures for Separation of Employees."
Pursuant to Louisiana Revised Statute 17:91.5 the Evangeline Parish School Board adopted "Procedures for Separation of Employees" which reads as follows:
"PROCEDURES FOR SEPARATION OF EMPLOYEES"
With the exception of lay-offs caused by programmatic changes, budget cuts, staff reorganizations and/or reductions in force, no school board employee shall be dismissed without just cause. Dismissal of tenured or contracted employees shall be handled in accordance with the requirements of Louisiana Law and as outlined in the Evangeline Parish Personnel Assessment Plan, reviewed annually. Dismissal of non-tenured employees shall be accomplished in accordance with the following procedure:
1. The employee's immediate supervisor or other person recommending his dismissal shall discuss the reasons therefore with the principal of the school where the employee works or, if the employee is not housed at a particular school, with the department head under whom the employee works (i.e. director of maintenance, director of transportation, director of finance, etc.).
2. If the principal or department head feels that dismissal is appropriate then he shall make a written recommendation to the superintendent or his designee outlining the reasons for the recommendation. The employee shall be provided a copy of such recommendation.
3. The superintendent or his designee shall thereafter conduct a conference with the principal or department head, the employee, and the employee's immediate supervisor (if other than principal or department head). Those recommending the dismissal of the employee shall be asked therein to explain their reasons for such recommendation, and the employee shall be given the opportunity to rebut those reasons and/or to explain his position. The conference may be recessed if the superintendent or his designee feels that additional information is needed before a decision can be made.
4. If, after considering the information presented in the conference and other information considered important, the superintendent or his designee feels that dismissal is appropriate, then the employee shall be advised of that staff-level determination and shall be given the opportunity to resign and/or retire.
*105 5. If the employee does not exercise his opportunity to resign and/or retire, then the superintendent or his designee shall make a written recommendation of dismissal to the school board. The recommendation shall outline the reasons, therefore, and a copy of it shall be provided to the employee.
6. The School Board will be asked to act upon the recommended dismissal at the next meeting following receipt of such written recommendation.
7. A non-tenured employee who has been recommended to the board for dismissal shall not be entitled to a hearing before the board unless a majority of the members vote to afford one.
All policies, procedures, regulations, etc., previously adopted by the board which are in conflict with the provisions of this policy are hereby repealed.
There is no doubt that the School Board has technically failed to comply with its own procedure for separation of employees. The School Board argues that it has substantially complied therewith. For a number of years Mr. Thomas has been apprised of and called on the carpet for his failure to perform his attendant duties and for willful disobedience. He has continually been skating on the edge, refusing to cure these deficiencies, apparently relying upon the School Board issuing yet another reprimand of which he has had many. He has been counseled concerning these matters on [many] occasions. There was certainly a rational basis for the Board's action in firing this individual as it was supported by substantial evidence of the employee's actions and inactions.

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Bluebook (online)
733 So. 2d 102, 98 La.App. 3 Cir. 1458, 1999 La. App. LEXIS 722, 1999 WL 157414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-evangeline-parish-school-bd-lactapp-1999.