Golnik v. Amato

• Decision Date: 30 December 2003
• Docket Number: No. 3:02-CV-777(EBB).,3:02-CV-777(EBB).
• Citation: 299 F.Supp.2d 8
• Court: U.S. District Court — District of Connecticut
• Parties: Herman K. GOLNIK, Jr., Plaintiff v. Superintendent Anthony AMATO, Attorney Frank Dumont, Principal Evelyn Irizarry, Hartford Public Schools, State Board of Trustees for the Hartford Public Schools, and The City of Hartford, Defendants

299 F.Supp.2d 8

Herman K. GOLNIK, Jr., Plaintiff v. Superintendent Anthony AMATO, Attorney Frank Dumont, Principal Evelyn Irizarry, Hartford Public Schools, State Board of Trustees for the Hartford Public Schools, and The City of Hartford, Defendants

No. 3:02-CV-777(EBB).

United States District Court, D. Connecticut.

December 30, 2003.

COPYRIGHT MATERIAL OMITTED

Kathleen A. Moore-Kocot, Agawam, MA, Joseph W. McQuade, Kainen, Escalera & McHale, PC, Hartford, CT, for Plaintiff/Defendants.

RULING ON MOTION TO DISMISS

BURNS, Senior District Judge.

STATEMENT OF FACTS

The Court sets forth only those facts deemed necessary to an understanding of the issues raised in, and decision rendered on, this Motion. The pertinent facts are culled from the Plaintiff's Second Amended Complaint.

The Parties

Defendant Anthony Amato ("Amato") was the Superintendent of Schools at all times pertinent herein. Defendant Attorney Frank Dumont ("Dumont") was Assistant Director of Labor Relations at the pertinent times. Defendant Evelyn Irizarry was the Principal of Buckeley High School, where Plaintiff had taught Social Studies in an English as a Second Language class at Buckeley, commencing in 1999.

The remaining Defendants are: the Hartford Public Schools ("HPS"), the State Board of Trustees for the Hartford Public Schools ("State Board"), and the City of Hartford (the "City").

The Allegations of the Second Amended Complaint

Approximately one and one-half years after Plaintiff commenced teaching at Buckeley, on or about May 1, 2000, he experienced chest pains and took the next four days off from work in order to undergo medical procedures.

Plaintiff's teaching contract was renewed for the 2000-2001 school year. From September 25-27, 2001, Plaintiff took three personal days off from work. Upon his return, while attempting to teach a group of particularly rowdy students, Plaintiff's chest pains returned and he determined that he must leave school for medical attention. Although he could find no one to take over his class, he notified four persons, including the Head of the Social Studies program, that he was leaving.

On or about October 19, 2000, Plaintiff requested a confidential leave form, after being advised by his union representative, William Hagen ("Hagen") and Dumont that such a form was required to be filled out by his physician.

That same evening Dumont telephone Plaintiff at his house to inquire why he had been absent from school for three weeks. Plaintiff responded by telling him of the September 28 classroom incident and stated that "the kids were acting like animals." Dumont responded that any teacher who would refer to his students as "animals" should not be in a classroom environment.

On or about November 2, 2000, Plaintiff had another angiogram, which revealed 60% blockage in three coronary arteries. On November 27, 2000, Plaintiff's physician wrote: "Mr. Golnick continues to experience atypical chest discomforts in situations of stress. It has been my recommendation that he seek temporary disability for three months to allow adequate time for avoidance of extremely stressful situations and the initiation of medical treatment." Exhibit 7 to Second Amended Complaint, as cited therein. This three-month period of temporary disability was the only accommodation sought by his physician in this letter.

On or about December 5, 2000, Plaintiff met in Principal Izirarry's office with her, Dumont, Hagen, and Harriet Marek (job responsibilities unknown). The purpose of the meeting was to further discuss the events of September 28 and, in contradistinction to his physician's recommendation, Plaintiff wished to discuss his return to work.

On January 31, 2001, Principal Izirarry did Plaintiff's evaluation as of that date. He was acknowledged as being "unsatisfactory" in all categories.

Plaintiff returned to work on February 26, 2001. At that time, he was assigned to zero "academic" classes (college bound students), three "General" classes (comprised of non-academic students), and two "basic" classes, which, according to Plaintiff, are "comprised of numerous disciplinary problems that require constant classroom policing."

On March 26, 2001, a letter of reprimand was officially sent to Plaintiff, based on the September 28 incident.

On September 28, 2000, you left your class at Buckeley High School unattended. Subsequently, you left the school prior to properly notifying the school's administrator and getting proper leave authorization. From September 28, 2000, until October 18, 2000, the school and central administration did not know of your whereabouts. During that time, you failed to inform the Hartford Public Schools of your status and failed to follow up with proper leave documentation.

* * * * * *

As a teacher of the Hartford Public Schools, your actions were grossly inappropriate and unprofessional. You showed poor judgment in the handling of the situation.

See Exhibit 12 to Second Amended Complaint.

On March 30, 2001, Amato notified Plaintiff that his employment would not be renewed for the 2001-2002 school year.

On April 16, 2001, the Executive Director for Human Resources explained to Plaintiff Management's decision not to renew his teaching contract for the 2001-2002 school year. "Your employment will not be renewed because of your failure to meet the district's performance standards for continued employment of non-tenured teachers. Specifically, your performance as a teacher failed to demonstrate excellence or the potential for excellence." Exhibit 10 to Second Amended Complaint.

On or about May 16, 2001, Hagen advised Principal Izirarry that Management had failed to evaluate Plaintiff within the confines of the Collective Bargaining Agreement ("CBA"). Accordingly, Vice-Principal Brenda Lewis-Collins re-evaluated Plaintiff on that day. She reported that "Mr. Golnik never submitted any lesson plans and therefore there was no evidence of daily planning. Objectives for the academic year 2001-2002 were never submitted. Classroom management is an area of concern." Exhibit 13, Second Amended Complaint.

On September 12, 2001, a sub-committee of the State Board recommended the nonrenewal of Plaintiff's contract for the 2001-2002 school year, following a hearing on the issue. Plaintiff was given the opportunity to present witnesses and other evidence in support of his claim that the nonrenewal decision was "arbitrary and capricious." In addition, Plaintiff was given the opportunity to cross-examine witnesses presented by the Superintendent and to be represented by counsel at the hearing. See Exhibit 14, Second Amended Complaint. The sub-committee found that the Superintendent's decision was not arbitrary and capricious, nor was that of Principal Irizarry. In summation, the subcommittee recommended that the State Board uphold Superintendent Anthony Amato's decision not to renew the employment of Plaintiff for the 2001-2002 school year.

For reasons not stated in the Second Amended Complaint, Amato, on September 18, 2001, determined to reinstate Plaintiff. On or about December 3, 2001, Plaintiff presented himself at the James Naylor School, to teach classes to which he was assigned in February. He remained in this position for exactly one day, before leaving for medical reasons again.

On or about April 1, 2002, Plaintiff was once again provided a letter from Amato which stated that Amato's intention was not to renew his contract for the 2002-2003 school year. On April 30, 2002, an appeal hearing was held, at which time the State Board, once again, supported the Superintendent's decision. To date, Plaintiff has never returned to any teaching position.

On or about July 16, 2002, Plaintiff filed an Affidavit of Illegal Discriminatory Practice with the CHRO. The only named Respondents were the HPS, Amato, and Irizarry. The State Board and the City were not named as "Respondents" before the CHRO or the EEOC.

LEGAL ANALYSIS

I. The Standards of Review

Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6)

A motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6) should be granted only if "it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984), citing Conley v. Gibson, 355 U.S. 41, 48, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). The function of a motion to dismiss is "not to weigh the evidence that might be presented at trial but merely to determine whether the complaint itself is legally sufficient." Festa v. Local 3 Int'l Brotherhood of Elec. Workers, 905 F.2d 35, 37 (2d Cir.1990). Additionally, pursuant to a Rule 12(b)(6) analysis, the Court takes all well-pleaded allegations as true, and all reasonable inferences are drawn and viewed in a light most favorable to Plaintiff. See Leeds v. Meltz, 85 F.3d 51, 53 (2d Cir.1996); see also Conley, 355 U.S. at 48, 78 S.Ct. 99 (holding that Federal Rules reject approach that pleading is a game of skill in which one misstep by counsel may be decisive of case). However, Rule 12(b)(6) does not allow the substitution of conclusory statements "for minimally sufficient factual allegations." Furlong v. Long Island College Hosp., 710 F.2d 922, 927 (2d Cir.1983).

As here, "[w]hen subject matter jurisdiction is challenged pursuant to Rule 12(b)(1), the movant and the pleader may use affidavits and other pleading materials to support and oppose such motions." Greenery Rehabilitation Group, Inc. v. Sabol, 841 F.Supp. 58, 61 (N.D.N.Y.1993). "Consideration of materials outside the complaint on a motion to dismiss pursuant to Rule 12(b)(1) does not convert the motion into one for summary judgment." Hicks v. Brophy, 839 F.Supp. 948, 950 (D.Conn.1993) (emphasis in original), citing 2A Moore's Federal Practice ¶ 12.07[2.1] (1993). Accord Ensign-Bickford Co. v. ICI Explosives USA Inc., 817 F.Supp. 1018, 1023 (D.Conn.1993).

II. The Standards as Applied

A. ...