Tripcony v. Arkansas School for the Deaf

2012 Ark. 188, 403 S.W.3d 559, 33 I.E.R. Cas. (BNA) 1334, 2012 WL 1547754, 2012 Ark. LEXIS 220
CourtSupreme Court of Arkansas
DecidedMay 3, 2012
DocketNo. 11-899
StatusPublished
Cited by37 cases

This text of 2012 Ark. 188 (Tripcony v. Arkansas School for the Deaf) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tripcony v. Arkansas School for the Deaf, 2012 Ark. 188, 403 S.W.3d 559, 33 I.E.R. Cas. (BNA) 1334, 2012 WL 1547754, 2012 Ark. LEXIS 220 (Ark. 2012).

Opinion

ROBERT L. BROWN, Justice.

|Appellant Darleen Tripcony appeals a decision of the Pulaski County Circuit Court dismissing her complaint against ap-pellees Arkansas School for the Deaf (School); Beth Gray, in her individual and official capacity; Andrew Tolbert, in his individual and official capacity; and Dr. Doug Watson, in his individual and official capacity, for lack of subject-matter jurisdiction.1 Because the circuit court did lack subject-matter jurisdiction to conduct a judicial review of the termination of a state employee, we dismiss the appeal.

|2On June 4, 2010, Tripcony filed a complaint against the School, Gray, Tolbert, and Dr. Watson in which she requested judicial review and declaratory and injunc-tive relief after she was terminated from her employment with the School as part of a Reduction in Force (RIF). Tripcony was serving as the Special Projects Coordinator, which included production of a newsletter, preparation of grant applications, and otherwise dealing with the press, at the time of her termination. According to her complaint, the Arkansas General Assembly had approved a budget for fiscal year 2009 that included funding for this position. On July 21, 2009, the interim Superintendent for the School recommended that Tripcony’s employment be terminated as part of a RIF. That same date, the School’s Board of Trustees voted to approve that recommendation and terminate Tripcony’s employment.

Tripcony sought review of that decision from the Arkansas State Employee Grievance Appeal Panel (SEGAP). On April 23, 2010, that panel unanimously upheld the Board’s RIF of Tripcony’s position. SE-GAP found that when a RIF is necessary, an agency is required to adhere to the Statewide Workforce Reduction Policy (Reduction Policy).2 SEGAP found in its decision that under that policy, an agency is required to consider other options like hiring freezes, job attrition, reduction in work hours, and a pay cut before conducting a RIF. Because of the urgent necessity of adequate staffing in other areas of the School, SEGAP | ..¡concluded that a hiring freeze or other alternatives were not viable. The School, according to SEGAP, faced a need for “hands-on employees” to staff “critical” positions to “insure that the needs of the emotionally and mentally challenged were properly serviced.” SE-GAP found that Tripcony’s position was classified as “non-critical” because her job functions did not include direct contact with students. SEGAP further found that the RIF was “not unreasonable or in violation of policy” and that “[the School] substantially complied with the [Reduction Policy.].”

On June 4, 2010, Tripcony filed a complaint in circuit court requesting judicial review of the affirmance by the School’s Board of Trustees of the School’s termination of her employment as well as the decision by SEGAP upholding the denial of her appeal. She further sought declaratory and injunctive relief against the School. In her complaint, Tripcony alleged that SEGAP, contrary to the evidence, testimony, and exhibits presented, failed to require adherence to the Reduction Policy; failed to assess the requirements of the Reduction Policy properly; and found compliance with the Reduction Policy for a RIF that was not required. She also prayed that the circuit court enjoin the School from terminating her employment and restore her to her former position as though the RIF had never occurred by declaring her termination to be void.

On August 16, 2010, the School, Gray, Tolbert, and Dr. Watson moved to dismiss Tripcony’s complaint for failure to state a claim under Rule 12(b)(6) of the Arkansas Rules of Civil Procedure, lack of subject-matter jurisdiction, and sovereign and statutory immunity. | ¿Tripcony responded, and a hearing was held on the motion, at which time both parties appeared and made arguments to the court. After the hearing, the circuit court dismissed the complaint on the basis that it lacked subject-matter jurisdiction and that Tripcony’s claim against the School’s Board of Trustees was barred by the doctrine of sovereign immunity. The circuit court also dismissed her claims against Gray, Tolbert, and Dr. Watson in their individual capacities based on the doctrine of qualified immunity.

On appeal, Tripcony initially contends that the circuit court erred because it did have subject-matter jurisdiction to review the SEGAP decision. The first issue, then, that this court must resolve is whether the circuit court had subject-matter jurisdiction over Tripcony’s claims. When the circuit court lacks subject-matter jurisdiction, the appellate court also lacks subject-matter jurisdiction on appeal. Koonee v. Mitchell, 841 Ark. 716, 719, 19 S.W.3d 608, 605 (2000).

We determine whether a court has subject-matter jurisdiction based on the pleadings. Union Pac. R.R. Co. v. State ex rel. Faulkner County, 316 Ark. 609, 612, 873 S.W.2d 805, 806 (1994). It is well settled that subject-matter jurisdiction is a court’s authority to hear and decide a particular type of case. Edwards v. Edwards, 2009 Ark. 580, at 3-4, 357 S.W.3d 445, 448 (2009). A court lacks subject-matter jurisdiction if it cannot hear a matter under any circumstances and is wholly incompetent to grant the relief sought. Id. A court obtains subject-matter jurisdiction under the Arkansas Constitution or by means of constitutionally authorized statutes or court rules. Id. Where the issue of subject-matter jurisdiction requires | ¡Interpretation of a statute or constitutional provision, this court’s review is de novo. Ark. Annual Conference of AME Church, Inc. v. New Direction Praise & Worship Ctr., 375 Ark. 428, 291 S.W.3d 562 (2009).

The circuit court determined that it did not have subject-matter jurisdiction to review Tripcony’s claims based on this court’s opinion in Arkansas Livestock & Poultry Commission v. House, 276 Ark. 326, 634 S.W.2d 388 (1982). In House, this court was asked to decide whether the discharge of an employee by the Arkansas Livestock and Poultry Commission was subject to review under Arkansas’s Administrative Procedure Act (APA). The appellee, Dennis House, had been employed as a livestock inspector and was discharged on the ground that his use of alcohol was interfering with his job performance. He was reinstated on probationary status after a grievance proceeding, but he was subject to immediate discharge for drinking on the job, while in uniform, in State-owned vehicles, or for failing to attend Alcoholics Anonymous meetings. During his probationary period he continued to drink alcoholic beverages and did not regularly attend AA meetings. As a result, he was terminated. He then filed suit in circuit court under the APA, challenging the recommendation of a fact-finding panel that he not be rehired until he demonstrated voluntary rehabilitation.

The Livestock and Poultry Commission moved to dismiss the complaint on the basis that termination of an employee is not an adjudication within the meaning of the APA. The circuit court did not grant that motion but found that there was substantial evidence to support House’s termination. On appeal, this court addressed the jurisdictional question:

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Bluebook (online)
2012 Ark. 188, 403 S.W.3d 559, 33 I.E.R. Cas. (BNA) 1334, 2012 WL 1547754, 2012 Ark. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tripcony-v-arkansas-school-for-the-deaf-ark-2012.