Timpani v. Lakeside School District

386 S.W.3d 588, 2011 Ark. App. 668, 2011 WL 5219846, 2011 Ark. App. LEXIS 696
CourtCourt of Appeals of Arkansas
DecidedNovember 2, 2011
DocketNo. CA 11-78
StatusPublished
Cited by2 cases

This text of 386 S.W.3d 588 (Timpani v. Lakeside School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Timpani v. Lakeside School District, 386 S.W.3d 588, 2011 Ark. App. 668, 2011 WL 5219846, 2011 Ark. App. LEXIS 696 (Ark. Ct. App. 2011).

Opinion

CLIFF HOOFMAN, Judge.

_JjThis is an appeal involving the Teacher Fair Dismissal Act of 1983. See Ark.Code Ann. §§ 6-17-1501 to 6-17-1510 (Repl. 2007 & Supp.2011). Appellant Fan Timpani appealed her dismissal by appellee Lakeside School District to the Garland County Circuit Court. After the circuit court affirmed her dismissal, she brought this appeal. We affirm.

Appellant, who was an employee of the school district for more than twenty years, taught sixth grade at its middle school. In November 2007, appellant used “bonus points” to order two twenty-seven-inch televisions, a DVD player, and a microwave oven from the Scholastic Book Club. The book club awarded bonus points based on several factors, including the dollar amount spent on each order, for which appellant used school funds, money from students and other teachers, and her personal money. The account through which appellant placed these orders and redeemed the bonus points was held in her name. |2The middle school’s principal, Jamie Preston, learned of this order on December 4, 2007, when the DVD player was delivered to the school. Ms. Preston called the school district’s administrative office to ask the superintendent, Shawn Cook, for advice about how to handle the matter. Superintendent Cook told Ms. Preston to ask appellant what the instructional purpose was for the items she had ordered. Appellant informed Ms. Preston that they were for her personal use because she had obtained them with her personal bonus points. When Ms. Preston explained that, because the bonus points were acquired with money from students and the school district, appellant could not keep the items for her personal use, appellant restated her belief that the bonus points belonged to her, for her own personal use, and refused to cancel the order. Ms. Preston then told appellant that Superintendent Cook had advised her that the bonus points were not for appellant’s personal use. According to Ms. Preston, appellant replied, “He is full of crap.” Appellant also told Mrs. Timmons, another teacher who was nearby during this exchange, that “this school sucks.”

Ms. Preston gave the following statement about the incident to Superintendent Cook:

On the morning of December 4, 2007, I was made aware of a DVD player that had been delivered to Mrs. Fan Timpani on December 8, 2007 as well as a confirmation of a fax for two 27 inch television sets, the DVD player, and a microwave. These items were purchased with bonus points from Scholastic book orders. A copy of the fax is attached.
At that point, I called Mr. Scoggins, assistant superintendent at Lakeside School District and asked him to advise me on how to handle this situation. Shortly, Mr. Cook, Superintendent of Lakeside School District, called and questioned me about this situation. He then told me to ask the teacher what the instructional purpose or the purpose for the students at Lakeside Schools was.
Mr. Pierce, Assistant Principal at L.M.S. and I then took the DVD player to the teacher’s hallway. There was a student in her room and a parent in her neighbor’s [-¡room. When I approached Mrs. Timpani, she said, “Oh. You brought my stuff down.” At this point, I asked her the questions Mr. Cook had directed me to ask. Mrs. Timpani stated that she did not intend to use the items at school; they were her personal items that she had bought with her personal bonus points. I tried to explain to her that the bonus points were acquired by ordering books with money from students, district money, and possibly state money (if she used her money from Literacy Lab to purchase books and acquire bonus points).
I told Mrs. Timpani she could cancel the order. She said no. I told her she could return it to Scholastic, she said she “was unable to box them up and return them due to her arm....” I told her she could inventory the DVD and use it in her classroom. However, Mrs. Timpani kept stating that the bonus points were hers — personally and that nobody had ever told her she couldn’t use her points any way she chose.
Upon seeing that the conversation was not being settled, I stated to the teacher that Mr. Cook had already said that the bonus points were not hers personally and that the items ordered could not be used for her personally. To this, Mrs. Timpani stated “He is full of crap.” I told Mrs. Timpani that I would be glad to “call Mr. Cook and let him know that she believed his directive to be ‘full of crap.’ ” The conversation ended with her asking another teacher, Mrs. Timmons, if she had ever been told about this. Mrs. Timmons stated, “I don’t know. I don’t do book orders.” At that, Mrs. Timpani walked into Mrs. Timmons’ room and told me to “forget it and keep the stuff.”

Mrs. Timmons also provided a statement to Superintendent Cook, in which she stated:

On the day in question, I was in my classroom, room 418, at my computer when I heard voices in the hall. I recognized Mrs. Timpani’s voice but it did not register who she was talking to. The tone of voice wasn’t yelling, it was just that it was taking place directly outside of my door.
Upon entering the hallway, Mrs. Timpani was to my right and Mrs. Preston was to my left, holding a box. It was obvious that they were having a difference of opinion, but I didn’t know what the subject matter was. Mrs. Preston was saying to Mrs. Timpani, ‘You can’t do that.” “It’s illegal.” “It isn’t your money to spend.” And other phrases of that nature. Mrs. Timpani was responding that she didn’t know, she had never been told that, etc. She then turned to me and asked if I remembered ever being told that we couldn’t use bonus points from book orders to buy things for ourselves and I replied that I wouldn’t remember if we had because I don’t do book orders.
|4Mrs. Preston told Mrs. Timpani that Mr. Cook told her specifically that is [sic] was illegal and the things would have to be sent back. Mrs. Timpani then replied, “Well, he’s full of crap.” “I’m not packing anything up and sending it anywhere with one arm.” Near the end of the conversation, Mrs. Timpani turned toward me (I was between her and the other hallway) and said, “This school sucks.”

In January 2008, appellant and her counsel met with Ms. Preston and the superintendent in his office so that appellant could give her side of the story. Although appellant admitted having placed the order, she disputed Ms. Preston’s version of what had happened and indicated that Ms. Preston had not told the truth. When Superintendent Cook told appellant that she should thank Ms. Preston for trying to help appellant with this, she said: “Thank you, Jamie,” in what Ms. Preston and the superintendent believed was a sarcastic and disrespectful manner.

Several days later, Superintendent Cook sent the following letter advising appellant that he was going to recommend that the school board terminate her employment:

You are hereby notified that you are suspended with pay, effective immediately, and that I intend to recommend that your contract with the Lakeside School District be terminated. The reasons for this recommendation are as follows:

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Related

Cagle v. Van Buren Sch. Dist.
548 S.W.3d 840 (Court of Appeals of Arkansas, 2018)
Langford v. Wilkins
101 F. Supp. 3d 809 (E.D. Arkansas, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
386 S.W.3d 588, 2011 Ark. App. 668, 2011 WL 5219846, 2011 Ark. App. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timpani-v-lakeside-school-district-arkctapp-2011.