Kern v. Saydel Community School Dist., 99-0923.

• Citation: 637 N.W.2d 157
• Decision Date: 19 December 2001
• Docket Number: No. 99-0923.,99-0923.
• Parties: Michael KERN, Appellant, v. SAYDEL COMMUNITY SCHOOL DISTRICT, Appellee.
• Court: United States State Supreme Court of Iowa

637 N.W.2d 157

Michael KERN, Appellant, v. SAYDEL COMMUNITY SCHOOL DISTRICT, Appellee.

No. 99-0923.

Supreme Court of Iowa.

December 19, 2001.

Joe Walsh of Hedberg, Owens, Hedberg & Spaulding, P.C., Des Moines, for appellant.

Brian L. Gruhn of the Gruhn Law Firm, P.C., Cedar Rapids, for appellee.

CARTER, Justice.

Plaintiff, Michael Kern, appeals from an adverse judgment in his wrongful termination claim against the defendant, Saydel Community School District. The basis for his claim is the alleged failure of the school district to provide a hearing on his proposed termination as required by the Iowa Veterans Preference Law, Iowa Code § 35C.6 (1997). After reviewing the record and considering the arguments presented, we affirm the decision of the district court.

The evidence presented to the district court was substantially as follows. Plaintiff served in the United States Navy from 1972 until his honorable discharge in 1975. In January 1996 he was hired by the school district as a custodian and became a member of the local union.

On September 19, 1996, plaintiff's supervisor, Merle Schieffer, met with him and presented him with a written memorandum which stated that several classrooms were not properly cleaned and that the office area and library had not been vacuumed. All of these deficiencies were in the portion of the building that plaintiff was assigned to clean. Thereafter, several teachers complained about the condition of the rooms plaintiff was assigned to clean. In a memorandum dated October 14 plaintiff was advised by Schieffer that he had left the lights on in at least one-half of the classrooms, trash remained in the garbage cans in several classrooms, several classrooms were not properly cleaned, office areas had not been vacuumed, gum remained in the restroom urinals, and hand towels in the bathrooms had not been replaced. He was told to improve his work performance.

A written work performance appraisal of plaintiff's efforts was prepared on October 14, 1996, and mailed to him. He concedes that he received it. This performance appraisal cited deficiencies in work performance, quality of work, quantity of work, the ability to work with others, job attitude, and dependability. Schieffer and the building principal met with plaintiff on October 21 concerning this performance appraisal.

On May 28, 1997, plaintiff received a written communication that an inspection by his supervisor revealed several classrooms had not been vacuumed, bathrooms had not been cleaned, and doors were left unlocked. This notification advised plaintiff that a meeting was being scheduled for June 2, 1997, to discuss his continued employment. The notice advised plaintiff that this meeting would be step three of the district's procedures for disciplinary action due to poor job performance. Those procedures provide as follows:

PROCEDURES FOR DISCIPLINARY ACTION DUE TO JOB PERFORMANCE

Walk-through evaluations will be done at anytime during or at the end of a regular work shift(s). Walk-throughs will precede any formal evaluation. Walk-through data will be documented.

Administrative Procedures

Step 1 Following the identification of job performance concerns, an informal meeting will be held with the employee and the Facilities Director to highlight the areas of concern(s). These areas of concern(s) will be documented in writing, dated, and placed in the employee[']s file. The object of Step one (1) is to alert the employee of performance concerns and to gain employee feedback.

Step 2 This step is subsequent to identification of job performance concerns which the employee has either continued to display or has not appropriately addressed.

Step Two (2) includes a formal meeting with the Facilities Director, the employee, and the Building Principal. This step may include the Superintendent, should conditions require such action or is requested. The purpose for Step two (2) will be to present formal complaints of each of the job performance(s) to the employee, and to gain their feedback. Results from the Step two (2) meeting may be referred to Step three (3) for administrative action, or placed back on the employee for correction.

Step 3 Step three (3) will be held to discuss the continued employment of an employee whose performance continues to be less than expected. This meeting will be held with the employee, the Facilities Director, Principal, and Superintendent. Disciplinary action may be taken as a result of this conference.

Please note that the Custodial Evaluation Form will be used throughout this process. The purpose of this information is both to fulfill contractual agreements, and to help our employees improve as professionals.

Plaintiff, Schieffer, the building principal, and plaintiff's union representative attended the June 2 meeting. Plaintiff attended the meeting and conveyed his feeling that his work deficiencies were partly the result of being required to perform too many tasks within a limited period of time and partly the result of excessive uncleanliness on the part of pupils and teachers. At the conclusion of the meeting, Schieffer determined that plaintiff could not be counted on to improve his work performance, and that such performance was not up to district standards. He advised plaintiff that he intended to recommend his termination to the school superintendent and that, in the interim, plaintiff would be suspended without pay. He further advised plaintiff that, because the superintendent was unable to attend the June 2 meeting, plaintiff would be afforded an opportunity for a separate meeting with the superintendent to complete step three of the disciplinary procedure.

On June 16, 1997, plaintiff and his union representative met with Dr. David Arnold,...