Burnaman v. Bay City Ind. School Dist.

• Decision Date: 15 February 1978
• Docket Number: Civ. A. No. 75-G-149.
• Citation: 445 F. Supp. 927
• Parties: Jerry BURNAMAN, Plaintiff, v. BAY CITY INDEPENDENT SCHOOL DISTRICT et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

445 F. Supp. 927

Jerry BURNAMAN, Plaintiff, v. BAY CITY INDEPENDENT SCHOOL DISTRICT et al., Defendants.

Civ. A. No. 75-G-149.

United States District Court, S. D. Texas, Galveston Division.

February 15, 1978.

Larry W. Watts, Houston, Tex., for plaintiff.

John D. Gilpin, Fulbright & Jaworski, Houston, Tex., for defendants Bay City Independent School Dist., Dorothy Birkner, John Estlinbaum, Robert Kelly, John Robinson and Fred Stanley.

Emerson Banack, Jr., San Antonio, Tex., for defendants John Briggs and Edwin Roberson.

MEMORANDUM OPINION

COWAN, District Judge.

Background Facts

In September 1963, Jerry Burnaman, a graduate of Stephen F. Austin Teacher's College in Nacogdoches, Texas, began teaching vocational education in the Bay City Independent School District (hereinafter "BCISD"). He was well suited by temperament and background for this position. After growing up on a farm in East Texas, he had worked his way through Stephen F. Austin by working night shifts as a welder in a foundry. He had also worked as a mechanic, a farmer, a re-fabricator and re-builder of jeeps. He was a skilled beekeeper, hunter and gunsmith.

All of these skills, his natural aptitude for his profession, his apparent empathy with the youngsters whom he taught and counseled, his interest in and dedication to the community, enabled Burnaman to succeed. He and others, notably James Charlton, established the first Coordinated Vocational Agricultural Education Program (CVAE) in the Bay City area. This CVAE program was highly successful and served both Bay City and surrounding communities. The program, its teachers and counselors consistently received high praise from professional evaluation teams.

Burnaman's wife also taught in BCISD. Mr. and Mrs. Burnaman became active in community affairs, bought a home, began to educate their two children in the Bay City schools, and made friends in the community.

Burnaman was a totally competent, highly dedicated, extremely effective vocational teacher. The facts concerning his skills and dedication in this connection were supported by the testimony of the school superintendent under whom he worked for many years, and the testimony of Fred Mathis, Chairman of the Board of BCISD until April of 1975, and the parents of the children he had taught and counseled.

During the trial of this case defendants made concerted efforts to marshal all of the derogatory information about Jerry Burnaman which could be gathered—but this determined effort never produced any evidence challenging Burnaman's skills, dedication and qualifications as a vocational teacher.

After nine years as a teacher, Burnaman was promoted to the position of vocational counselor—charged with the responsibility of counseling those students in Bay City High School who were taking or contemplating taking vocational courses.

Although defendants produced some evidence that Burnaman's performance as a counselor was not letter perfect, the over-whelmingly persuasive evidence was that as a counselor he performed excellently in his most significant role of inspiring and encouraging the youngsters he advised. The testimony of Mrs. Orsack, whose son was counseled by Burnaman in her presence, was particularly persuasive. Her testimony was supported by that of vocational director Charlton, and the former superintendent of schools, both of whom had supervised Burnaman's work for years.

In July 1974, the Board of Trustees of BCISD (hereinafter "the Board") employed John Briggs as Superintendent of Schools. Dr. Briggs is a well-qualified educator who has served for relatively brief periods with multiple-school districts throughout south and east Texas. Dr. Briggs was and is an exceptionally ambitious, hard-driving individual who had an apparent mandate from the Board to "shake up" the school system and make substantial changes in BCISD's programs and personnel. Dr. Briggs is also an authority on school law; he taught a course on that subject and had some personal experience as a litigant in a "school" case. See Board of Trustees of Crystal City Independent School District v. Briggs, 486 S.W.2d 829 (Tex.Civ.App.—Beaumont 1972, writ ref. n. r. e.).

It could be concluded that as part of his campaign to "shake up" the system, Dr. Briggs employed as his high school principal another hard-driving and ambitious young administrator—Edwin Roberson. Like Dr. Briggs, Dr. Roberson had had considerable experience, most of it in many various school districts for brief periods. Dr. Roberson has also worked as a salesman, claims adjuster, and most recently a salesman of stocks and bonds. Dr. Roberson remained with BCISD for seven and one-half months.

Before Briggs' employment, Burnaman for many years had worked under the supervision of James Charlton. Charlton and Burnaman had a good personal relationship and a long history of professional association. Briggs ousted Charlton as vocational director and placed Burnaman under Dr. Roberson's supervision. Previously Burnaman had always received consistently commendable evaluations from his supervisor and had felt happy and secure in his work. On February 28, 1975 Burnaman's status changed abruptly. For the first time in his career, Burnaman received a very unfavorable written evaluation from Roberson. Roberson (who at the time had supervised Burnaman for only three months) stated in his evaluation that he would recommend that Burnaman's one-year contract be "non-renewed."

"Policies, Regulations and By-Laws" of BCISD

BCISD had no tenure or "continuing contract" arrangement with its teachers; however, it had published "Policies, Regulations and By-Laws" (hereinafter "Policies") which granted a professional employee in Burnaman's predicament a number of substantive and procedural rights.

Board members in their testimony interpreted the "Policies" and this interpretative testimony was totally consistent with the plain terms of the "Policies." These "Policies" gave professional employees of BCISD at least three relevant rights:

1. The right to have annual evaluations performed on the basis of definite, objective standards described with some precision in Policy No. 4117, entitled "Evaluation."

2. The right to have the administration follow a definite procedure in connection with non-renewal. This procedure required that the professional be advised at the beginning of the school year of the objectives for the year and the criteria by which he would be judged. In the event the employee was noted to have deficiencies during the year, he was to be told orally by his supervisor of those specific deficiencies and given an opportunity to improve. If these communications did not correct the situation, the employee was to be given written notice of the specific deficiencies before March 1 (which was a critical date). If the deficiencies were not corrected by these procedures, the employee's contract was to be voted upon at the March meeting so that the employee, if not renewed, could find other employment for the next school year. (See Plaintiff's Exh. 17, page 5.)

3. The right to a hearing before the Board within thirty days after written request for such a hearing. (See Plaintiff's Exh. 1). The evidence here establishes conclusively, and the court finds as a matter of law, that Drs. Briggs and Roberson and the Board refused to follow this "Policy" and effectively denied Jerry Burnaman a hearing until, for all practical purposes, it was too late for the Board to reverse the Roberson-Briggs action, or to conciliate the controversy between Burnaman on the one hand and Roberson-Briggs on the other.

On February 28, 1975, when Jerry Burnaman was given the first unfavorable evaluation he had received, he was also given written notification that his contract would not be renewed and that he would be given consideration for a new position if an opening occurred. (See Plaintiff's Exhs. 6 and 21) A finder of fact could conclude on the basis of very substantial (if not absolutely conclusive) evidence that this February 28, 1975 evaluation was inaccurate, non-factual, not objective, grossly unfair and not prepared in compliance with BCISD's "Policies" relating to evaluations.

There is substantial evidence to support a conclusion that Dr. Roberson, in his evaluation of February 28, 1975, made no effort to apply the objective standards prescribed by the "Policies," did not apply the standards promulgated, and made factual misstatements which he knew, or should have known, to be inaccurate.

The evidence here establishes conclusively, and the court finds as a matter of law, that Drs. Briggs and Roberson and the Board did not follow the duly promulgated "Policies" in Burnaman's case in connection with notification of his deficiencies.

Before February 28, 1975, Jerry Burnaman had been given only the most sketchy and trivial indications of dissatisfaction with his performance, and no hint whatsoever that his alleged shortcomings were so serious that his contract would be "non-renewed." His written evaluation in November of 1974 had been commendable. The programs for which he was responsible had received outstanding evaluations from outside, objective evaluators. Burnaman, insofar as he knew, continued to have the respect and confidence of his superiors—as he had had for many years.

On February 28, 1975, after receipt of Dr. Roberson's evaluation, Burnaman discussed his situation with both Dr. Briggs and Dr. Roberson. He was able to obtain only a very general explanation of his alleged deficiencies. On the 28th Burnaman also discussed his predicament with his personal friend, the Chairman of the School Board, Dr. Fred Mathis. Dr. Mathis was sympathetic with Burnaman's position and agreed to convey to the other Board members his (Mathis') feeling that the evaluation and recommendation were unjust and that Jerry Burnaman wished a hearing before the Board.

The evidence establishes (perhaps not conclusively, but virtually so) that...