Williams v. Little Rock School District

66 S.W.3d 590, 347 Ark. 637, 18 I.E.R. Cas. (BNA) 662, 2002 Ark. LEXIS 92
CourtSupreme Court of Arkansas
DecidedFebruary 14, 2002
Docket01-499
StatusPublished
Cited by13 cases

This text of 66 S.W.3d 590 (Williams v. Little Rock School District) 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
Williams v. Little Rock School District, 66 S.W.3d 590, 347 Ark. 637, 18 I.E.R. Cas. (BNA) 662, 2002 Ark. LEXIS 92 (Ark. 2002).

Opinions

D onald L. Corbin, Justice.

Appellant Don Williams appeals the order of the Pulaski County Chancery Court dismissing tus suit against Appellee Little Rock School District (“LRSD”). For reversal, Williams argues that the chancery court erred in ruling that it lacked subject-matter jurisdiction and thereby dismissing his suit. As this appeal involves an issue of first impression and statutory interpretation, our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(b)(1) and (6). We agree with Williams and, therefore, reverse and remand this matter to the chancery court.

During the 1997-98 school year, Williams was employed with the LRSD as a nonprobationary school teacher at Gibbs Elementary School. On May 4, 1998, Williams verbally informed the school’s principal, Felicia Hobbs, that he wished to resign. Hobbs, in turn, informed Williams that she needed him to submit a written resignation. The following morning, Williams contacted Hobbs and stated that he had acted hastily and wished to withdraw his resignation. Hobbs informed Williams that she had already reported his resignation to administration officials who had decided to accept his resignation. On May 28, 1998, the LRSD’s Board of Directors met and formally approved Williams’s oral resignation.

Williams subsequently filed suit against- the LRSD on January 19, 2000, claiming that the Board’s acceptance of his oral resignation was in violation of the provisions of the Arkansas Teacher Fair Dismissal Act (“TFDA”), codified at Ark. Code Ann. § 6-17-1501 to 1510 (Repl. 1999). Specifically, Williams argued that because his resignation did not comply with the TFDA’s resignation requirements, the school district’s act of accepting his resignation was void and resulted in a breach of his teaching contract. Williams sought declaratory and injunctive relief, including reinstatement to his former position and back pay. The LRSD responded with a motion to dismiss, alleging that the chancery court lacked subject-matter jurisdiction over Williams’s claim. According to the LRSD, Williams’s exclusive remedy under section 6-17-1510(d) of the TFDA was to file an appeal of the Board’s decision in circuit court within seventy-five days of the Board’s decision.

A hearing was held on the motion to dismiss, and after hearing arguments from both parties, the chancellor granted the motion. The chancellor found that the exclusive remedy provision of section 6-17-1510(d) was applicable to the present case, and thus, Williams was required to file an appeal of the Board’s decision in circuit court. In a written order filed February 5, 2001, the chancellor dismissed Williams’s claim with prejudice. From that order, comes the instant appeal.

We review a trial court’s decision on a motion to dismiss by-treating the facts alleged in the complaint as true and viewing them in the light most favorable to the plaintiff. Goff v. Harold Ives Trucking Co., Inc., 342 Ark. 143, 27 S.W.3d 387 (2000); Arkansas Tech Univ. v. Link, 341 Ark. 495, 17 S.W.3d 809 (2000). In testing the sufficiency of a complaint on a motion to dismiss, all reasonable inferences must be resolved in favor of the complaint, and all pleadings are to be liberally construed. Id.

With this standard in mind, we turn to the merits of Williams’s argument on appeal. Williams argues that the trial court erred in dismissing his complaint on the basis of a lack of subject-matter jurisdiction because the exclusive-remedy provision of section 6-17-1510(d) is not applicable to cases involving resignations. Williams also argues that the exclusive-remedy provision presupposes notice and a hearing before the Board. The LRSD counters that the Board’s action in voting to accept Williams’s resignation amounted to a nonrenewal of his contract, and, as such, it falls within the ambit of section 6-17-1510(d). The LRSD further avers that any issues regarding its compliance with the TFDA should have been raised in circuit court within the seventy-five day time period. The issue before this court, then, is whether the exclusive-remedy provision of section 6-17-1510(d) governs in the present situation.

As this issue requires us to engage in statutory interpretation, we initially point out that the basic rule of statutory construction is to give effect to the intent of the General Assembly. Barclay v. First Paris Holding Co., 344 Ark. 711, 42 S.W.3d 496 (2001); NationsBank, N.A. v. Murray Guard, Inc., 343 Ark. 437, 36 S.W.3d 291 (2001). In considering the meaning of a statute, the first rule is to construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language. Id. The statute must be construed in such a way so that no word is left void or superfluous, with meaning and effect given to every word therein, if possible. Hodges v. Huckabee, 338 Ark. 454, 995 S.W.2d 341 (1999). If the language of a statute is clear and unambiguous and conveys a clear and definite meaning, it is unnecessary to resort to the rules of statutory interpretation. Id. Where a statute is ambiguous, however, we must interpret it according to the legislative intent. Barclay, 344 Ark. 711, 42 S.W.3d 496. In reviewing the act in its entirety, this court will reconcile provisions to make them consistent, harmonious, and sensible in an effort to give effect to every part. Id. We also look to the legislative history, the language, and the subject matter involved. Id.

Having set forth the rules of statutory construction, we now turn to the statute itself in order to determine its applicability in the present case. Section 6-17-1510(d) provides:

The exclusive remedy for any nonprobationary teacher aggrieved by the decision made by the board shall be an appeal therefrom to the circuit court of the county in which the school district is located, within seventy-five (75) days of the date of written notice of the action of the board. Additional testimony and evidence may be introduced on appeal to show facts and circumstances showing that the termination or nonrenewal was lawful or unlawful. [Emphasis added.]

In arguing that this section applies to Williams, the LRSD focuses on the language “any . . . teacher aggrieved by the decision made by the board.” According to the LRSD, Williams was aggrieved by the Board’s decision to accept his resignation, thus he was required to file an appeal in circuit court within the prescribed time limits. This particular language must be read, however, in the context of the entire section. First, looking to the title of section 6-17-1510 it reads, “Board action on termination or nonrenewal — Appeal.” (Emphasis added.) This court has held that even though the title of an act is not part of the law, it may be referred to in order to help ascertain the intent of the General Assembly. Routh Wrecker Serv., Inc. v. Wins, 312 Ark. 123, 847 S.W.2d 707 (1993). Moreover, each of the subsections preceding subsection (d) deals specifically with instances of termination or nonrenewal.

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Cite This Page — Counsel Stack

Bluebook (online)
66 S.W.3d 590, 347 Ark. 637, 18 I.E.R. Cas. (BNA) 662, 2002 Ark. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-little-rock-school-district-ark-2002.