Warren v. Polk County Board of Education

613 S.W.2d 222, 1981 Tenn. LEXIS 416
CourtTennessee Supreme Court
DecidedMarch 16, 1981
StatusPublished
Cited by8 cases

This text of 613 S.W.2d 222 (Warren v. Polk County Board of Education) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Warren v. Polk County Board of Education, 613 S.W.2d 222, 1981 Tenn. LEXIS 416 (Tenn. 1981).

Opinion

OPINION

FONES, Justice.

Polk County Board of Education appeals from an adverse decree of the Chancery Court of that County in a suit brought to enforce rights asserted pursuant to the Teacher Tenure Act.

Plaintiff was employed as a teacher, with the additional duties of athletic director and coach, at Copper Basin High School, Polk County, on March 17, 1975. He was reelected to the same position and with the same duties in 1976 and 1977.

Plaintiff was advised by letter dated March 13, 1978, that he had been elected as a tenured teacher in the Polk County school system for the school year 1978-79.

Plaintiff was paid a supplement of $1716.00 for service as athletic director and coach for the school year 1977-78, and it is not disputed that the same supplement would have been applicable for the school [223]*223year 1978-79. The athletic director and coach was required to operate a summer training camp in June and July, for which he received two months salary, in addition to the ten month salary as teacher.

As the result of a series of events in May 1978, the Polk County Board of Education relieved plaintiff of his duties as athletic director and coach, did not pay him the coaching supplement or allow him to hold summer camp, but retained him as a tenured teacher. This suit was brought to recover the 1978-79 supplement and salary for June and July and to restore plaintiff to the position of athletic director and coach on’ the theory that that assignment was protected by tenure. However, after serving as teacher for the 1978-79 school year, plaintiff resigned from the Polk County school system, rendering moot on appeal the issue of reinstatement as athletic director and coach. Thus, the sole issue before this Court is whether the Chancellor’s award to plaintiff of the supplement of $1716.00 and two months salary should be affirmed.

James Howard, principal of Copper Basin High School, had heard rumors about the “unhappiness of the community and some of the parents of the football players” about the football program, and had heard that plaintiff was “unwilling to coach at Copper Basin High School.” He testified that he talked to plaintiff prior to May 8 about those rumors and was told by plaintiff “they could have the job,” to which he responded, in substance, that the superintendent and the board should be told that by plaintiff rather than the principal and that he would call a meeting “to get to the bottom of it.” He arranged a meeting in the school cafeteria on May 8,1978, attended by plaintiff, Mrs. Smiley, Acting Superintendent of Schools, Joe Adcock, a member of the Polk County Board of Education, and Mr. Howard. Mrs. Smiley, Mr. Howard, and plaintiff testified as to their respective versions of the discussion that took place on that occasion. Mr. Adcock did not testify.

Mrs. Smiley testified that plaintiff said “repeatedly” that he would not coach; that if somebody else could do it he would like to sit back and see how well they could do the job; that he had lost his enthusiasm and just wanted to teach. Mr. Howard testified that plaintiff said that he preferred not to coach anymore; that he would step aside and be an observer to see if someone else had the answer; that plaintiff’s response to Mr. Adcock’s question of whether plaintiff would coach if asked was, “No, I just prefer 'to teach.” Both Mrs. Smiley and Mr. Howard testified that they construed plaintiff’s statements at that meeting as a “resignation” of his position as athletic director and coach.

Plaintiff testified that he did say that he had lost his enthusiasm because some people were trying to tear down the program that he was trying to build up. Plaintiff’s version of his response to Mr. Adcock’s question was that, in the context that he considered that the job was already his, it having been offered and accepted in March, he said, “If you’ve got a replacement, if you’ve got an answer to this problem at Copper Basin High School concerning the football program, I will sit back, and I would like to see this.” Mr. Adcock then said, “No, I do not have the answer.” Plaintiff denied on cross examination that he had said that he would not coach in 1978 or that he had resigned, and he asserted that he continued to perform the responsibilities of athletic director and coach after May 8.

The Polk County Board of Education met on May 11,1978, but the position of athletic director and coach at Copper Basin High School was not discussed. A meeting of the board was held on May 18, and according to the minutes “Joe Adcock moved and John Henry Morgan seconded that Dewey Warren be relieved of his duties as athletic director and coach and that Mike Queen assume this position. All members present voted yes.”

On May 31, 1978, Mrs. Smiley wrote plaintiff a letter advising him that as a result of the May 8 meeting, the school board had relieved him of his duties as athletic director and football coach.

[224]*224On June 15, 1978, plaintiff wrote to Mrs. Smiley requesting a copy of charges considered by the board that resulted in relieving him of his position as athletic director and coach and also requesting a hearing before the board on those charges.

On July 3, 1978, Mrs. Smiley advised plaintiff by letter that no charges had been brought or considered by the board; that plaintiff had repeatedly said at the May 8 meeting that he would not coach; that the board’s action was “an effort to accommodate your request as well as to provide leadership for the football students at Copper Basin High School.” That communication also advised plaintiff that if he wanted a hearing he could appear before the board on July 10, 1978.

Plaintiff and his attorney, Brian McCarty, appeared before the board on July 10, 1978. Mr. McCarty asked the board if it intended to bring charges against plaintiff or call witnesses, or if it had a written resignation; he received negative answers. Some of the board members sought to question plaintiff, but his attorney took the position that it was “inappropriate for his client to say anything.” Mr. McCarty then argued that in the absence of charges or a written resignation, plaintiff should be reelected to his position of athletic director and coach “as of the day he was to be barred.” The board took no action on July 10, 1978, to rescind its action of May 18 relieving plaintiff of his duties as athletic director and coach.

The school board’s contention was that no formal charges or a hearing was necessary to relieve plaintiff of his duties as athletic director and coach; that such action was in the same category as the transfer and demotion of the elementary school principal in McKenna v. Sumner County Board of Education, 574 S.W.2d 527 (Tenn.1978).

Plaintiff says in this Court that McKenna does not apply because the sole ground upon which the board took action on May 18 was the “mistaken” assumption that plaintiff had resigned at the May 8 meeting; that that assumption was erroneous and their action legally ineffective to terminate plaintiff’s assignment as athletic director and coach; that the board's failure to pay the supplement and two months salary was a breach of contract.

At the conclusion of the trial, the Chancellor announced his ruling orally from the bench, and his opening remarks were as follows:

“Well I think Mr. Warren may have led them to think he’d resigned.

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Bluebook (online)
613 S.W.2d 222, 1981 Tenn. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-polk-county-board-of-education-tenn-1981.