Whitfield v. Chartiers Valley Sch. Dist.

• Decision Date: 15 April 2010
• Docket Number: No. 2:09cv1084.,2:09cv1084.
• Citation: 707 F.Supp.2d 561
• Parties: Tammy WHITFIELD, Plaintiff,v.CHARTIERS VALLEY SCHOOL DISTRICT and Chartiers Valley School Board, Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

707 F.Supp.2d 561

Tammy WHITFIELD, Plaintiff,v.CHARTIERS VALLEY SCHOOL DISTRICT and Chartiers Valley School Board, Defendants.

No. 2:09cv1084.

United States District Court,

W.D. Pennsylvania.

April 15, 2010.

COPYRIGHT MATERIAL OMITTED

Glen S. Downey, Michael J. Healey, Healey & Hornack, Pittsburgh, PA, for Plaintiff.

John E. Freund, King, Spry, Herman, Freund & Faul, Bethlehem, PA, Ira Weiss, Pittsburgh, PA, for Defendants.

OPINION

DAVID STEWART CERCONE, District Judge.

Plaintiff commenced this civil rights action seeking relief for alleged violation of her First Amendment rights. Presently before the court is plaintiff's motion for preliminary injunction. A hearing was held on October 28 and 29, 2009, wherein each side presented a number of witnesses and exhibits. The parties thereafter filed supplemental briefs and proposed findings and conclusions. The matter is ripe for adjudication. For the reasons set forth below, the motion will be granted.

Requests for injunctive relief invoke the court's equitable discretion. Resolving such motions requires a delicate balance of equitable factors. Requests for injunctive relief are to be resolved on a case-by-case basis. There are four general requirements: the moving party must (1) produce evidence sufficient to convince the court that in absence of the relief requested imminent irreparable injury will result; (2) establish a likelihood of success on the merits; (3) demonstrate that granting the relief will not result in greater harm to the other party; and (4) establish that granting the relief will be in the public interest. Doran v. Salem Inn, Inc., 422 U.S. 922, 931, 95 S.Ct. 2561, 45 L.Ed.2d 648 (1975); Campbell Soup Co. v. ConAgra, Inc., 977 F.2d 86, 90-91 (3d Cir.1992); ECRI v. McGraw-Hill, Inc., 809 F.2d 223, 226 (3d Cir.1987) ( citing SI Handling Systems, Inc. v. Heisley, 753 F.2d 1244, 1254 (3d Cir.1985)). All of the above factors are balanced with regard to any final decision and the strength of any one factor may affect the necessary showing with regard to another. Marxe v. Jackson, 833 F.2d 1121, 1128 (3d Cir.1987).

Background

Plaintiff has been employed with Chartiers Valley School District (“CVSD”) for the past twenty-one years, progressing from a substitute teacher, to a middle school teacher, to an instructional support teacher for the entire district. ¹ She obtained a doctorate degree in May of 2000 and thereafter became principal of special programs or special education director. Plaintiff then entered into a five year employment contract with CVSD for the position of assistant superintendent. She was appointed to the position on October 19, 2004. The contract provided that plaintiff's employment would commence on November 1, 2004, and end after a period of five years.²

Two years into plaintiff's term as assistant superintendent a contractual issue arose with one of CVSD's employees, Tim McConnell. At the time McConnell was both the Dean of Students at the middle school and the basketball coach. Pennsylvania Public School regulations require a Dean of Students to have a Pennsylvania Public School Certificate or emergency permit. 22 Pa.Code Chapt. 49, § 49.11(a) & (b). McConnell held the position for three consecutive school years, commencing in the fall of 2004.

McConnell's need to obtain certification became a topic of concern in negotiating a renewal of his contract in 2006. During the negotiations, McConnell indicated he was not interested in going back to college and asked that the requirement be removed or his job description changed so certification would no longer be required. McConnell's May 28, 2006, contract required him to obtain certification by enrolling at a university no later than July of 2006. The administration became aware that McConnell had failed to enroll as required. A formal conference was scheduled and Anthony Skender, the new superintendent, asked plaintiff to investigate enrollment policies at local universities in order to determine the opportunities that had been available. At the conference McConnell was given an opportunity to explain why he had not enrolled.

Skender initially proposed that McConnell receive a 10 day suspension. At its next scheduled meeting Skender met with the Chartiers Valley School District Board of Directors (“board”) in executive session about the proposed suspension. The members of the board informally made recommendations as follows: five members supported a twenty day suspension, three members supported a ten day one, and one member was opposed to any suspension. Skender suspended McConnell on August 24, 2006, for twenty days without pay.

McConnell appealed his suspension and a public hearing was held on November 1, 2006, before a hearing officer appointed by the board. Plaintiff was asked to appear at the hearing by the district's (and board's) solicitor and testify under oath regarding certain background facts and events leading to McConnell's suspension.

The appeal suspension hearing was a formal proceeding authorized by Pennsylvania law governing local agencies. A neutral hearing officer conducted the hearing and a court stenographer recorded the testimony. McConnell's suspension proved to be a contentious issue in the community both at the hearing and thereafter. There were between 50 and 100 members of the public present. Plaintiff testified that “based on McConnell's history with his contracts, he has not complied with going to college.” McConnell Hearing Transcript (Plaintiff's Exhibit No. 5) at 160. She also recounted the meetings between her, Superintendent Skender and McConnell concerning his failure to obtain the requisite certification and the board members' general reaction to his failure to comply with the terms of his contract.

Board members Jeff Choura and Bridget Kelly were in the front row of the audience during plaintiff's testimony. Several times during the course of plaintiff's testimony Choura and Kelly booed and expressed their disapproval of plaintiff's testimony.

McConnell's attorney pursued a line of questioning with plaintiff in an attempt to show there was bias expressed against McConnell in an executive session of a board meeting when his suspension was brought up for discussion. Plaintiff was asked if any board members had commented or said that “McConnell had snubbed his nose” at the board or school administration. She recalled a statement being made to that effect. Upon further questioning she could not recall who had made the comment. At that juncture the comments and expressions of disapproval became so disruptive that the solicitor for the district asked the hearing officer to remind the members of the audience that the format was not a public meeting, but instead was a public hearing, and those in attendance would have to refrain from reacting verbally to the testimony.

Plaintiff was then questioned about McConnell's prior contracts and the amount of time over which he had failed to obtain the “certification” or “accreditation” that was necessary to hold the Dean of Students position. She recounted that acquiring certification had been an obligation in McConnell's employment contracts since 1998. McConnell Hearing Transcript (Plaintiff's Exhibit No. 5) at 103. When asked to expound on whether McConnell had in effect “snubbed his nose” at the administration with regard to pursuing the certification or accreditation needed to occupy the Dean of Students position, plaintiff testified:

Again, I don't know that I would have used those words but based on the history of the contracts, yes, that is what happened.

Id. at 156. McConnell's attorney established through further questioning that the Pennsylvania Department of Education had not raised the issue of McConnell's failure to satisfy the requirements needed to maintain the Dean of Students with the district's administration in writing or through an audit. He also established that plaintiff was unaware of any earlier written notice being given to McConnell that he was in violation of his prior contracts. Id. at 158-61. When asked if she could recall the way board members had voted in the informal poll, plaintiff indicated she could not recall.

At the conclusion of plaintiff's testimony, board member Choura stood up, yelled out that he wanted the record changed, and alleged “she's (plaintiff's) lying.” He continued to shout and asked that plaintiff's comments be stricken from the record. He asked to be heard. The hearing officer advised Choura that he could not speak unless he was called as a witness. The solicitor then asked to go off the record and the hearing officer granted that request. No additional testimony was taken that day.

The hearing officer ultimately recommended that McConnell's suspension be upheld. At a regular board meeting in February of 2007, the board adopted the hearing officer's recommendation by a vote of five to two, with Choura and Kelly voting against upholding McConnell's suspension.

At a special action school board meeting on April 10, 2007, a motion was presented to open up all boys basketball coaching positions for the 2007-08 school year. The board voted five to four to open up the positions, with Choura and Kelly voting against opening up the contracts. Choura commented that this “is a very black day in the history of Chartiers Valley.” Board member Petronsky noted that opening the positions up did not mean the board would not rehire the coaches currently occupying the positions.

On April 20, 2007, Pennsylvania Department of Education performed an audit of CVSD. It imposed a fine of $11,826.60 for the failure to have an appropriate instructional certificate for McConnell.

There was significant public outcry concerning the opening of McConnell's coaching position. At the next board meeting a number of residents appeared and read statements in support of rehiring McConnell. Skender recommended that the board rehire McConnell as the head varsity basketball coach. Choura...