Gardiner v. Tschechtelin

• Decision Date: 11 June 1991
• Docket Number: Civ. No. HM-90-3218.
• Citation: 765 F. Supp. 279
• Parties: Joseph GARDINER, et al. v. James D. TSCHECHTELIN, et al.
• Court: U.S. District Court — District of Maryland

765 F. Supp. 279

Joseph GARDINER, et al. v. James D. TSCHECHTELIN, et al.

Civ. No. HM-90-3218.

United States District Court, D. Maryland.

June 11, 1991.

Joel A. Smith, Lutherville, Md., for plaintiffs.

Ralph S. Tyler, Baltimore, Md., Robert A. Zarnoch, Annapolis, Md., J. Joseph Curran, Jr., Carmen M. Shepard, Baltimore, Md., for defendants.

MEMORANDUM

HERBERT F. MURRAY, Senior District Judge.

Plaintiffs, a class comprised of faculty members who enjoyed tenure at the Community College of Baltimore ("CCB"), have brought this action under 42 U.S.C. § 1983 challenging the abrogation of tenure which occurred after the State of Maryland took over the college, now called the New Community College of Baltimore ("NCCB"). Plaintiffs contend that defendants¹ have violated the Contracts Clause and Due Process Clause of the United States Constitution.

The parties have filed cross-motions for summary judgment. A hearing on the motions was held on Friday, May 17, 1991. The Court has considered the written memoranda and exhibits submitted by counsel and the arguments made at the hearing, and is now prepared to rule. This case was put on an expedited schedule to ensure that a ruling could be made prior to the close of the school year, June 30, 1991. The parties and the Court agree that the issues presented are questions of law that can be properly resolved on summary judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1947, the City of Baltimore under its Charter Powers established Baltimore Junior College, later to become the Community College of Baltimore. The College was organized as a division of the City's Department of Education and governed by the Board of School Commissioners. In 1961, the Maryland General Assembly authorized the creation of a system of community colleges throughout the State. 1961 Md. Laws Ch. 31. On June 22, 1961, the Baltimore City Board of School Commissioners met as the Board of Trustees for Baltimore Junior College and established the "Baltimore Community College" under Md.Ann. Code art. 77, § 300 (1959). The College adopted its own By-laws in 1962, providing that the President could elect a teacher to tenure following five years of probationary service. Through 1968, the Board of School Commissioners and the Board of Trustees for Baltimore Junior College were one and the same. In 1971, the College's Board of Trustees amended its By-laws, setting forth the manner in which faculty would be elected to "permanent tenure" and explaining the disciplinary procedures that would apply to tenured faculty.

Until June 30, 1990, the Community College of Baltimore was a Baltimore City institution overseen by the State Board of Community Colleges and the Maryland Higher Education Commission and receiving substantial State funding. However, unlike most of the other community colleges in Maryland, for which the board members were appointed by the Governor, the members of the Board of Trustees for the Community College of Baltimore were appointed by the Mayor and City Council of Baltimore. Md.Educ.Code Ann. § 16-502 (1985) (repealed Jan. 1, 1991). During the past decade, CCB faced a drastic decline in enrollment and significant increase in tuition fees. Floor Report, Economic & Environmental Affairs Committee on House Bill 381 (Defendants' Ex. 3). Baltimore City residents were much more likely to register at a community college other than CCB. Id. It was felt that the College curriculum was not adequately meeting the needs of the students in Baltimore City, who face the highest unemployment rate in the State. Id. Moreover, Baltimore City did not have the funds to run the College so as to meet the needs of the community. Id. Mayor Kurt L. Schmoke of Baltimore City proposed to Governor William D. Schaefer that the State of Maryland assume financial responsibility for the College. On January 22, 1990, the Board of Trustees of CCB voted to endorse a proposal for the State to take over the College.

In 1990, the Maryland General Assembly passed Senate Bill 381 and House Bill 381, codified at Md.Educ.Code Ann. § 16-601-610 (Supp.1989), which decreed that the Community College of Baltimore was now a State institution called the New Community College of Baltimore. The statute authorizes the College to continue for a trial period of only three years, and new legislation must be enacted to continue the College past June 30, 1993. Under the statute, a new Board of Trustees was established, with members appointed by the Governor with the advice and consent of the Senate. Id. at § 16-604(b). The statute provides that neither the State, the New Community College nor its Board of Trustees would be responsible for any liability or contract of the Community College of Baltimore, unless expressly assumed by the new Board of Trustees. Id. at § 16-610. A sub-section entitled "Previous employee; temporary employment" requires that the NCCB's Board of Trustees "offer employment from July 1, 1990 through December 31, 1990" to any faculty member or other employee of the Community College of Baltimore. Id. at § 16-609(a). The terms and conditions of employment for any officer or faculty member would be set by the new Board of Trustees. Id. at § 16-609(f).

On May 1, 1990, Dr. Joseph Durham, then president of CCB, sent letters to all CCB employees, giving them notice of termination effective June 30, 1990. On May 21, 1990, James D. Tschechtelin, formerly executive director of the State Board for Community Colleges, was appointed "Director of Transition" by the Board of CCB and put on the City payroll.² On July 1, 1990, Mr. Tschechtelin became "Interim President" of the New Community College of Baltimore. After June 30, 1990, the New Community College of Baltimore continued to operate as before, offering the same courses and degrees, employing the same faculty, and enrolling the same student body. NCCB continued to employ all faculty members who did not resign. Of the approximately 110 faculty members at CCB, 96 remained and were employed by NCCB after July 1, 1990. The faculty continued with the same teaching assignments and salaries as they enjoyed previously at CCB. In addition, approximately 12 new faculty members were hired.

On September 20, 1990, the NCCB adopted a four tier rating system for faculty members carried over from CCB. The Vice President of the College would arrive at a recommended rating for each faculty member, based on evaluations by the faculty member's assistant dean, other faculty members, and students. Faculty members rated "poor" would be discharged at the end of the school year, June 30, 1990. Those rated "fair" would continue through the end of the year with another evaluation in the second semester. Faculty rated "good" were promised two years of employment. Faculty rated "excellent" would continue to be employed for three years. Only those faculty rated "poor" would be entitled to any type of hearing. All faculty members received their evaluations and ratings on December 7, 1990, and were informed about their rights to appeal.³ Appeals were to have been filed by December 11, 1990. The panels to hear the appeals were to be selected at 2:00 pm on December 11, 1990. Panel hearings were scheduled for December 13, 14, and 15, 1990, at which time the faculty members would have their only opportunity to present witnesses and new documentary materials. The panels were to issue their decisions on December 17, 1990 at 9:00 a.m. If a faculty member wanted to further appeal the decision to the President, the appeal was to be filed within two hours, at 11:00 a.m. on December 17, 1990. The President would decide the appeal at 1:00 p.m. on the same day, and this decision would be final.

On December 12, 1990, four faculty members of the College filed a complaint⁴ and a motion for a temporary restraining order to prevent the College from continuing with the appeals procedure. Plaintiffs contended that the hearing process did not comport with due process because sufficient preparation time was not given, the rating system was not adequately explained, and the hearing would not address the rating itself but merely the fairness of the rating process. This Court granted plaintiffs a Temporary Restraining Order on December 14, 1990 after reviewing the parties' written submissions and considering the parties' oral arguments made at a hearing on December 13, 1990. The Order prohibited defendants from continuing the evaluation or appeals process and from terminating the employment of any faculty member who was tenured by the Community College of Baltimore.

Subsequent to this Court's issuance of the Temporary Restraining Order, the defendants made adjustments to the original evaluation and appeals process. On December 19, 1990 the Board of Trustees of NCCB authorized President James D. Tschechtelin to ensure that all faculty would have continued employment through June 15, 1991 and to ensure that a new appeal process would be commenced that would address the plaintiffs' requests and provide them with more time. On the same day, the Board approved the President's recommended new appeals procedure. Under this procedure, on or about but not before January 7, 1991, all faculty would be notified anew of their respective evaluations. Faculty rated "excellent" would be offered new two year contracts for the academic years 1991-1992 and 1992-1993. Those faculty evaluated as "good" would be offered new one year contracts for 1991-1992. Faculty rated "fair" would be reevaluated in the Spring with the opportunity to then obtain a further contract. Faculty evaluated as "poor" would not be offered contracts beyond this academic year. The faculty members with "poor" ratings would have the opportunity to challenge the evaluations if, within ten days of receipt of the evaluation, they made a request for a hearing. A hearing would be held no sooner than fifteen days after it was requested. The Appeals Board would be comprised of five...