Thompson v. Colbert County Tourism & Convention Bureau

782 So. 2d 313, 16 I.E.R. Cas. (BNA) 592, 2000 Ala. Civ. App. LEXIS 97, 2000 WL 146637
CourtCourt of Civil Appeals of Alabama
DecidedFebruary 11, 2000
Docket2981320
StatusPublished

This text of 782 So. 2d 313 (Thompson v. Colbert County Tourism & Convention Bureau) 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
Thompson v. Colbert County Tourism & Convention Bureau, 782 So. 2d 313, 16 I.E.R. Cas. (BNA) 592, 2000 Ala. Civ. App. LEXIS 97, 2000 WL 146637 (Ala. Ct. App. 2000).

Opinions

YATES, Judge.

On December 10,1998, Kathy Thompson sued the Colbert County Tourism and Convention Bureau (“the Bureau”); its ex[315]*315ecutive director Susann Hamlin, in both her official capacity and her individual capacity; and members of its board of directors — Tom Pennington, David Johnson, Sue Pilkilton, Arlene Robbins, Martha Sherrill, Jim Couch, and B.J. McVay (“the board members”) — in both their official capacities and their individual capacities. She alleged (1) that she had been wrongfully terminated from her employment with the Bureau, in violation of § 36-25-24, Ala.Code 1975, and (2) that her termination had been done willfully or wantonly, or intentionally, to harass and to inflict emotional distress.

On January 15, 1999, the board members, in both their individual and official capacities, moved to dismiss, or, in the alternative, for a judgment on the pleadings as to the first count, contending that they were entitled to immunity from suit pursuant to § 10-11-1 et seq., Ala.Code 1975. On that same day, Hamlin moved the court for a summary judgment as to both counts. On January 25, 1999, the Bureau moved the court for a summary judgment as to both counts and the board members moved the court for a summary judgment as to count two.

On March 31, 1999, Thompson moved the court to continue the hearing on the motion for a summary judgment, contending that the defendants had failed to respond to certain discovery requests. On April 1, 1999, Thompson responded to the board members’ motion to dismiss, contending that § 10-11-1 et seq., has been superseded by § 36-25-24(d), Ala.Code 1975. On April 5, 1999, Thompson responded to Hamlin and the Bureau’s summary-judgment motions.

On July 14, 1999, the court entered an order dismissing count one as to the board members, holding that they were entitled to immunity from suit based on § 10-11-1 et seq.;1 entered a summary judgment in favor of Hamlin as to both counts; entered a summary judgment in favor of the Bureau as to both counts; and entered a summary judgment in favor of the board members as to count two. Thompson appealed. This case was transferred to this court by the supreme court, pursuant to § 12-2-7, Ala.Code 1975.

In reviewing the disposition of a motion for summary judgment, we use the same standard the trial court used in determining whether the evidence before it presented a genuine issue of material fact and whether the movant was entitled to a judgment as a matter of law. Bussey v. John Deere Co., 531 So.2d 860, 862 (Ala.1988); Rule 56(c), Ala. R. Civ. P. When the movant makes a prima facie showing that no genuine issue of material fact exists, the burden shifts to the nonmovant to present substantial evidence creating such an issue. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989). Evidence is “substantial” if it is of “such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). This court must review the record in a light most favorable to the nonmovant and must resolve all reasonable doubts against the movant. Manners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990).

[316]*316Thompson had been employed with the Bureau for approximately 14 years as a secretary. Hamlin was Thompson’s immediate supervisor. Thompson alleged in her complaint that in January 1998 she met with Tommy Hutchinson, an employee of the State Department of Examiners of Public Accounts, and provided him with information concerning the activities of Hamlin and certain board members. Steve Barnes, an employee of the Ramada Inn motel in Sheffield, ultimately filed a complaint with the State Ethics Commission against Hamlin and certain board members, in February 1998. Thompson alleged that this fact became public knowledge on February 5, 1998, when a story concerning the complaint ran in the local newspaper. On February 10, 1999, following a meeting of the board members, Thompson’s employment with the Bureau was terminated, by a unanimous vote.

Thompson alleged that her employment had been terminated in retaliation for her providing information regarding possible ethics violations by Hamlin and certain board members. Each board member presented an affidavit stating that Thompson’s employment had been terminated for insubordination, excessive use of the office telephone for personal calls, and other reasons that had nothing to do with her supposedly providing information regarding possible ethics violations by Hamlin and certain board members. The board members stated in the affidavits that they were unaware that Thompson had provided any information regarding an ethics complaint before she had been terminated and that they had not learned of this fact until after February 10, 1999. Thompson presented her affidavit and the affidavit of Barnes, which state that they both had discussed with board members Johnson and Couch the information that she had provided to the Department of Examiners of Public Accounts before her termination. Thompson filed a complaint with the Ethics Commission regarding her termination. The Ethics Commission found insufficient evidence to determine whether Thompson’s termination was a violation of the “whistle-blower’s” provision of the state ethics law.

Thompson argues that the court erred in determining that the board members were entitled to immunity from suit as to count one, based on § 10-11-1, et seq., Ala.Code 1975. That section provides:

“The Legislature finds and declares that the services of not-for-profit corporations, organizations, associations, boards, authorities and commissions are critical to the efficient conduct and management of the public, civic and charitable affairs of the citizens of this state. Noncompensated officers, directors, trustees and members of governing bodies of such not-for-profit entities must be permitted to operate without undue concern for the possibility of litigation arising from the discharge of their duties as policymakers.”

Section 10-11-3 provides:

“Any noncompensated officer of a qualified entity shall be immune from suit and not subject to civil liability arising from the conduct of the affairs of such qualified entity except when the act or omission of such officer, which gives rise to a cause of action, amounts to willful or wanton misconduct or fraud, or gross negligence. Provided however, such immunity shall not, except to such extent as may otherwise be provided by law, extend to the qualified entity, to a for-profit subsidiary of such qualified entity or to the officers of such for-profit subsidiary but only to the qualified entity’s officers as defined in this chapter. Nothing contained herein shall be construed to immunize the corporate entity [317]*317or qualified entity for the acts or omissions of noncompensated officers as defined in this chapter.”

A “qualified entity” includes “[a]ny board, authority or commission the members of which are appointed by the governing body or bodies of any county or municipality.” § 10 — 11—2(l)(e), AIa.Code 1975. An “officer” under this chapter is defined as “[a]ny officer, director, trustee or member of the governing body of a qualified entity who does not receive compensation for serving in such capacity.” § 10-11-2(2), Ala.Code 1975.

The Bureau is a not-for-profit organization established on June 23, 1987, by Ala.

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Bluebook (online)
782 So. 2d 313, 16 I.E.R. Cas. (BNA) 592, 2000 Ala. Civ. App. LEXIS 97, 2000 WL 146637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-colbert-county-tourism-convention-bureau-alacivapp-2000.