Gilliam v. Adams

• Decision Date: 08 May 1943
• Citation: 171 S.W.2d 813,180 Tenn. 74
• Parties: GILLIAM v. ADAMS et al.
• Court: Tennessee Supreme Court

171 S.W.2d 813

180 Tenn. 74

GILLIAM v. ADAMS et al.

Supreme Court of Tennessee.

May 8, 1943

Appeal from Chancery Court, Henderson County; Tom C. Rye Chancellor.

Suit by Loyce N. Gilliam against L. W. Adams and others, members of the County Board of Education of Henderson County, for a sum alleged to be due to plaintiff as salary as school teacher. From a decree dismissing the bill complainant appeals.

Affirmed.

Joe C Davis, of Lexington, for complainant.

W. H Denison, of Lexington, for appellees.

PREWITT Justice.

The chancellor sustained a demurrer to complainant's bill and dismissed his suit on the ground that Chapter 451 of the Private Acts of 1939, applying to Henderson County, was unconstitutional and void. Complainant sued for $447 claimed to be due him as salary as a schoolteacher of the county.

The bill sets out and charges in substance as follows:

1. That complainant held a permanent, professional certificate as an elementary teacher in Tennessee; that in the school year of 1938-1939 he was an elementary schoolteacher in Henderson County, and has been such teacher in said county for more than ten years consecutively prior to the school year 1938-1939; that in so far as he ever knew his services as a public schoolteacher in said county were satisfactory; and that there was never preferred against him at any time as such teacher any formal charge of any kind or character requiring his answer thereto.

2. The bill further charges that by Chapter 451 of the Private Acts of 1939 the General Assembly of Tennessee enacted a law regulating the employment of teachers in the public schools of the counties of Tennessee having a population of not less than 17,650, nor more than 17,700, by the 1930 Federal census or any subsequent Federal census, which law provides:

(a) That teachers in counties within the population classification shall be employed on continuing contracts.

(b) That "teacher" is defined in said Act to include teachers of all public schools in the county school systems.

(c) That a beginning teacher shall serve a probationary period of three years on annual contract, and on said teacher being re-employed for the fourth year and the holder of a permanent certificate for the grade or subject taught, the teacher shall be on indefinite tenure and shall not be demoted or dismissed except for incompetency, immorality, or willful and persistent refusal to obey any reasonable rules or regulations of the Board of Education and superintendent.

(d) That teachers who have been employed for three or more years in their present school systems not necessarily continuously and who are otherwise qualified by law shall be deemed to be on indefinite tenure, and that those teachers employed at the time of the passage of the Act who have not served three or more years but are otherwise qualified by law shall be deemed to be on indefinite tenure on reemployment for the fourth year.

(e) That a teacher might be dismissed without cause if the position which the teacher holds is eliminated and there is no vacancy for which the teacher is qualified; that in the event of the elimination of a position, the teacher of shortest length of service in that position shall be dismissed first, but such teacher so eliminated shall have first claim to any vacancy for which he is qualified.

(f) That a teacher charged with incompetency shall before being dismissed be warned with a specific statement in writing of the defects complained of, and then if the teacher fails to make satisfactory improvement in the specified matters, the superintendent may give the teacher a thirty days' dismissal notice, which notice shall contain the specific grounds of dismissal; that a teacher is likewise required to give thirty days' notice of his intention to relinquish his position or suffer the penalty prescribed by statute.

(g) That the superintendent may suspend a teacher pending the hearing of charges of immorality.

(h) That a teacher upon written request prior to the fifteenth day of the thirty-day period following notice of dismissal shall be given a hearing by the Board of Education, or other employing agency, at which hearing the teacher is entitled to be represented by counsel.

(i) That any dismissed teacher shall have the right to have his dismissal reviewed under Code, Section 9008 et seq.

(j) That if on final disposition of any case the teacher is not dismissed, he shall receive any back pay for any period of suspension.

3. The original bill further charges that after the completion of the school year 1938-1939 complainant sought to teach again in the public elementary schools of Henderson County, but the County Board of Education refused to permit complainant to teach. Complainant charges that he was a "teacher" within the meaning of Chapter 451 of the Private Acts of the General Assembly of Tennessee for the year 1939, and that he was entitled to teach in the public elementary schools of Henderson County for the school year 1939-1940 and also for the school year 1940-1941, but the Board of Education refused to permit him to...