Hamilton v. Pulaski County Special School Dist.

• Decision Date: 03 July 1995
• Docket Number: No. 94-1189,94-1189
• Citation: 321 Ark. 261,900 S.W.2d 205
• Parties: , 101 Ed. Law Rep. 481 Jim HAMILTON, Appellant, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Appellee.
• Court: Arkansas Supreme Court

Page 205

900 S.W.2d 205

321 Ark. 261, 101 Ed. Law Rep. 481

Jim HAMILTON, Appellant, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Appellee.

No. 94-1189.

Supreme Court of Arkansas.

July 3, 1995.

Clayton R. Blackstock, Little Rock, for appellant.

Jay Bequette, Little Rock, for appellee.

BROWN, Justice.

This case involves the Teacher Fair Dismissal Act and the decision by the appellee Pulaski County Special School District not to renew the coaching contract of appellant Jim Hamilton at Jacksonville High School for the 1993/94 school year. Hamilton raises three issues on appeal: (1) the Superintendent's notice of recommended nonrenewal was not "simple but complete" as required by the Act; (2) a defective notice cannot be cured by the School District Board after its decision; and (3) the School District Board was arbitrary and capricious because it considered charges in its decision not stated in the notice. We agree with Hamilton that the Superintendent's notice of nonrenewal was deficient, and we reverse and remand the matter with directions that Hamilton be reinstated with appropriate back pay.

On April 26, 1993, Bobby Lester, Superintendent of appellee, wrote Hamilton that he was recommending to the School Board that Hamilton's basketball coaching contract at Jacksonville High School not be renewed. That letter read in part:

Pursuant to Ark.Code Ann. § 6-17-1506, you are notified that I am recommending the non-renewal of your supplemental contract for coaching at Jacksonville High School for the 1993-94 school year. The reason for this recommendation is inefficiency and failure to follow reasonable written regulations and policies.

On May 12, 1993, Hamilton requested a hearing on the nonrenewal recommendation before the School Board. In that letter he requested "the names and addresses of all persons who may testify against me and the nature of their expected testimony." He reiterated this request on May 25, 1993.

On May 26 and June 10, 1993, a lengthy hearing was held on this matter before the School Board. At the beginning of the hearing, the twin reasons for nonrenewal of the coaching contract were read: "inefficiency, failure to follow reasonable written regulations and policies." Hamilton's representative asked for a continuance and pointed out that he had not received the witness information and that the reasons for nonrenewal were too broad and did not satisfy the statutory mandate that they be "simple but complete." Counsel for the School District responded that Hamilton had access to his personnel file which included all the complaints against him which would be presented to the School Board. The School Board denied the request for a continuance.

Several witnesses testified at the hearing about problems surrounding Hamilton's coaching. The principal of Jacksonville High School, Jim Johnson, stated that he had completed several evaluations of Hamilton. He explained that his 1992 evaluation rated Hamilton's performance on "follow-through" and "managerial ability" as unsatisfactory. A few of the incidents cited as examples of this were Hamilton's lapses in inventory control, his failure to complete eligibility forms for players in a timely manner, his giving athletic letters to ineligible students, his unequal schedules for male and female teams, and his tardy arrangement of fundraising for a basketball tournament. In February 1992, Johnson and Hamilton met and settled on an action plan to improve his managerial skills. Johnson testified, however, that matters did not improve. As examples, he cited Hamilton's failure to pay for a pair of basketball shorts, his failure to hire a referee to officiate at a game, his failure to fill out schedule change forms for a particular player, and his failure to obtain participation fees from practicing players.

On January 26, 1993, Johnson testified that he evaluatedHamilton's "judgment" and "ability to motivate and develop" as unsatisfactory. He discussed at the hearing multiple complaints from players and parents of players which included Hamilton's "nasty" attitude toward one parent; lack of playing time for the team members; description of players as "stupid," "crybabies," and "knuckleheads"; using profanity at games such as "Foul! Damn it, Foul!"; and failure to arrange newspaper coverage for one particular ballgame. Johnson further related that Hamilton had violated Arkansas Activities Association rules by allowing two players to practice and play before obtaining a physical examination and that parents had complained when a newspaper reported that Hamilton had suspended their son from the team before Hamilton told them or their son of the suspension.

Other witnesses corroborated Johnson's testimony, including parents and athletic staff. Johnny Watson, athletic coordinator at Jacksonville High School, and Jerry Wilson, assistant basketball coach, described incidents which they said evidenced a breakdown in team discipline and a lack of sportsmanship on the part of the team. It was revealed that by the end of the 1992/93 basketball season, eight team members had quit.

Hamilton testified on his own behalf. He admitted that he was familiar with his personnel file but stated that he had no prior knowledge of Johnny Watson's and Jerry Wilson's concerns about the basketball program. He also stated that the principal, Jim Johnson, did not support him in parental conferences.

After proof was presented, several School Board members questioned Hamilton about his deteriorating relationship with the school's principal and the other coaches. The School Board then voted not to renew Hamilton's coaching contract for the 1993/94 school year.

On July 13, 1993, the School Board met and held a closed session regarding the nonrenewal of Hamilton's coaching contract. The School Board adopted six reasons supporting the charges that Hamilton was inefficient and did not follow written regulations and policies:

(1) failure to maintain and secure inventory; (2) failure to comply with Arkansas Activities Association Regulations concerning the participation by team members without the requisite physical examination by a doctor; (3) failure to notify a team member or his parents of the team member's suspension from the team prior to publication of the suspension to the media; (4) failure to establish and enforce reasonable team rules resulting in the lack of team discipline and loss of team morale; (5) failure to comply with rules requiring payment of a participation fee by team members; and (6) inappropriate conduct toward team members and their parents.

Hamilton next filed an appeal to Pulaski County Circuit Court. The circuit court found that the notice was sufficient and that the Teacher Fair Dismissal Act had been followed.

We first consider whether the Superintendent's reasons for recommending nonrenewal--inefficiency and failure to follow reasonable written regulations and policies--satisfied the Teacher Fair Dismissal Act, codified at Ark.Code Ann. § 6-17-1501 et seq. (Supp.1991). We recognize that it is not our function to substitute our judgment on renewal matters for either that of the circuit court or that of the School Board. Allen v. Texarkana Public Schools, 303 Ark. 59, 794 S.W.2d 138 (1990); Green Forest Public Schools v. Herrington, 287...