Umberfield v. SCHOOL DISTRICT NO. 11, ETC.

522 P.2d 730, 185 Colo. 165, 1974 Colo. LEXIS 886, 7 Empl. Prac. Dec. (CCH) 9409, 11 Fair Empl. Prac. Cas. (BNA) 1375
CourtSupreme Court of Colorado
DecidedMay 28, 1974
DocketC-409
StatusPublished
Cited by56 cases

This text of 522 P.2d 730 (Umberfield v. SCHOOL DISTRICT NO. 11, ETC.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Umberfield v. SCHOOL DISTRICT NO. 11, ETC., 522 P.2d 730, 185 Colo. 165, 1974 Colo. LEXIS 886, 7 Empl. Prac. Dec. (CCH) 9409, 11 Fair Empl. Prac. Cas. (BNA) 1375 (Colo. 1974).

Opinions

MR. JUSTICE KELLEY

delivered the opinion of the Court.

We granted certiorari to review the decision of the Court of Appeals in School District No. 11 v. Umberfield, 32 Colo. App. 306, 512 P.2d 1166 (1973), with respect to a teacher’s dismissal for cause.

Petitioner, Clayborn Umberfield, had been employed as an English teacher by School District No. 11 since 1954. After executing his contract for the 1969-70 school year he became a practicing member of the World Wide Church of God. The World Wide Church of God mandates that each member observe certain holy days by church attendance in order to maintain active status in the church.

During the summer of 1969 Umberfield approached Floyd Harris, the Superintendent of School District No. 11, and requested he be given time off to celebrate the holy days of the World Wide Church of God including September 26, 1969, and from September 29 to October 3, 1969. This time off was in addition to the leave provided for in his contract. Umberfield’s request was considered and denied by the board of education.

On September 24, 1969, Harris advised Umberfield that the board of education expected him to fulfill his teaching duties as called for in his contract. Umberfield told the superintendent that it was imperative for him to be absent from his teaching duties on the forthcoming holy days. Umberfield did, in fact, attend church meetings on the above mentioned days, and thus missed six days of teaching. He went to Texas and to California by church assignment to fulfill his obligation.

The board of education gave Umberfield written notice of its intent to dismiss him for cause pursuant to “The Teacher [168]*168Employment, Dismissal, and Tenure Act of 1967”, 1967 Perm. Supp., C.R.S. 1963, 123-18-1, et seq. We shall hereinafter refer to this Act as the Teacher Tenure Act. These charges were subsequently withdrawn by the school board because the dismissal hearing had not been held within twenty-five days after the third member of the panel had been selected as required by 1967 Perm. Supp., C.R.S. 1963, 123-18-17(5).

Umberfield, in order to attend certain other Holy Day church services, did not teach on April 21 and April 27, 1970, in violation of the terms of his contract. Prior to each of his absences, Harris advised Umberfield that the school board expected him to teach on the specified days.

The school board again gave written notice to Umberfield on May 12, 1970, that charges had been filed against him for neglect of duty and insubordination under the terms of the Teacher Tenure Act, supra. A full adversary hearing was held on May 29, 1970, at which Umberfield was represented by counsel. The Teacher Tenure Panel recommended that Umberfield be dismissed. The school board adopted the panel’s recommendation and terminated Umberfield’s contract. Umberfield, however, did not seek judicial review of this decision, as provided for in the Teacher Tenure Act. 1967 Perm. Supp., C.R.S. 1963, 123-18-17(11).

Umberfield subsequently filed a complaint with the Colorado Civil Rights Commission charging that he had been dismissed from his employment because of his religious beliefs in violation of the Colorado Antidiscrimination Act. 1969 Perm. Supp., C.R.S. 1963, 80-21-6(2). A hearing examiner appointed by the Civil Rights Commission then held a hearing. Upon consideration of essentially the same evidence as was presented to the Teacher Tenure Panel, he found that Umberfield’s dismissal was for neglect of duty and insubordination and not because of his religious beliefs. Thus, he concluded, the dismissal was not a discriminatory or unfair employment practice. The Civil Rights Commission adopted in toto the hearing examiner’s findings of fact, but [169]*169reversed his decision and held that Umberfield was discharged because of his religious beliefs in violation of section 80-21-6(2).

The school district then sought review of the Commission’s order in the district court for LaPlata County. C.R.S. 1963, 80-21-8. The district court reversed the order of the Commission, holding that (1) since Umberfield did not seek judicial review of the decision of the Teacher Tenure Panel, his dismissal was not subject to collateral attack in another forum or before another agency, and (2) that the Commission’s ruling that the dismissal of Umberfield was discriminatory and an unfair employment practice was not supported by its evidentiary findings.

The Court of Appeals, although affirming the judgment of the district court, disagreed with its holding that Umberfield was estopped from proceeding before the Civil Rights Commission because of the prior hearing before the Teacher Tenure Panel. We granted certiorari primarily to review the correctness of the Court of Appeals ruling that the doctrine of res judicata did not apply. We affirm the judgment of the Court of Appeals, but disagree with its holding on the doctrine of res judicata.

The school district argues that Umberfield had his day in court before the Teacher Tenure Panel where he fully set forth his religious justifications for not teaching on the days in question. It contends that the adverse determination, which Umberfield did not appeal, is binding on the Civil Rights Commission by virtue of the doctrine of res judicata.

While the doctrines of res judicata and collateral estoppel were developed in the context of judicial proceedings, it is now well accepted that in a proper case they may be applied to administrative proceedings as well. See United States v. Utah Construction and Mining Co., 384 U.S. 394, 86 S.Ct. 1545, 16 L.Ed.2d 642 (1966); International Union of Mine Workers, Local 15 v. Eagle-Picher Mining and Smelting Co., 325 U.S. 335, 65 S.Ct. 1166, 89 L.Ed. 1649 (1945); Fairmont Alum. Co. v. Commissioner, 222 F.2d 622 [170]*170(4th Cir. 1955), cert. denied, 350 U.S. 838, 76 S.Ct. 76, 100 L.Ed. 748 (1955). See generally 2 K. Davis, Administrative Law Treatise § 18.01, et seq.; 67 Mich. L. Rev. 824.

The exposition of Mr. Justice Lee in Pomeroy v. Waitkus, 183 Colo. 344, 517 P.2d 396 (1973), defines and distinguishes the doctrines of res judicata and collateral estoppel:

“Res judicata in the strict sense refers to ‘claim preclusion.’ Vestal, Preclusion/Res Judicata Variables: Parties, 50 Iowa L.Rev. 27-28 (1964). The doctrine holds that an existing judgment is conclusive of the rights of the parties in any subsequent suit on the same claim. It bars relitigation not only of all issues actually decided, but of all issues that might have been decided. It requires an identity of parties or their privies (Restatement, Judgments §§ 83-92 (1942)), as it would be unfair to preclude a party from litigating an issue merely because he could have litigated it against a different party.

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Bluebook (online)
522 P.2d 730, 185 Colo. 165, 1974 Colo. LEXIS 886, 7 Empl. Prac. Dec. (CCH) 9409, 11 Fair Empl. Prac. Cas. (BNA) 1375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/umberfield-v-school-district-no-11-etc-colo-1974.