Sajko v. Jefferson County Board of Education, No. 2007-CA-000128-MR and (Ky. App. 9/19/2008), 2007-CA-000128-MR and
| Decision Date | 19 September 2008 |
| Docket Number | No. 2007-CA-000130-MR,No. 2007-CA-000128-MR and,2007-CA-000128-MR and,2007-CA-000130-MR |
| Parties | Cara SAJKO Appellant/Cross-Appellee, v. JEFFERSON COUNTY BOARD OF EDUCATION; Jefferson County Schools; and Stephen Daeschner, Superintendent Appellees/Cross-Appellants, |
| Court | Kentucky Court of Appeals |
Jeffrey S. Walther, W. Scott Hunt, Lexington, Kentucky, Brief for Appellant/Cross Appellee.
Byron E. Leet, Lisa C. DeJaco, Louisville, Kentucky, Brief for Appellee/Cross Appellant.
Before: LAMBERT and MOORE, Judges; Buckingham, Senior Judge.1
OPINION MODIFYING AND REVERSING
Cara Sajko appeals from an order of the Jefferson Circuit Court affirming an order of a tribunal that upheld the school superintendent's termination of Sajko's employment as a teacher in the Jefferson County school system. The school system cross appeals from a portion of the court's order, including the portion that affirmed the determination that the tribunal had jurisdiction to consider Sajko's defense to the charges. Because we conclude that the tribunal lacked jurisdiction, we agree with the school system's cross appeal and thus reverse.
Sajko had been employed as a teacher in the Jefferson County school system for a number of years. During the time in question (2003-2004 and 2004-2005 school years), she was a teacher at Louisville Male Traditional High School. Sajko's actions involving her treatment of students led to the school principal taking action in the form of reprimands and directives to Sajko in an effort to stop her inappropriate behavior. Sajko was twice suspended without pay when she failed or refused to follow the principal's directives.
In January 2005, Sajko was advised that she must submit to an occupational evaluation to determine whether she had any health problems that could affect her performance as a teacher. When Sajko refused to submit to the evaluation, the superintendent, Stephen W. Daeschner, suspended her without pay pending recommendation that her employment be terminated.
On March 28, 2005, the superintendent caused a seven-page letter from him to be hand-delivered to Sajko informing her that he was terminating her employment on the grounds of her insubordination and conduct unbecoming a teacher. See Kentucky Revised Statutes (KRS) 161.790(1)(a) and (b). The superintendent cited specific instances in the letter and stated that Sajko was terminated due to "the seriousness of the violations" and Sajko's "previous disciplinary record that includes two suspensions and numerous reprimands and warnings."
The letter also advised Sajko that she could answer the charges and contest the termination by providing notice to him and to the commissioner of the Kentucky Department of Education within 10 days after receiving the letter. Additionally, the letter stated that the termination would be final if Sajko failed to provide the notice within that time. The applicable statute, KRS 161.790(3), was referenced.
The statute states:
Prior to notification of the board, the superintendent shall furnish the teacher with a written statement specifying in detail the charge against the teacher. The teacher may within ten (10) days after receiving the charge notify the commissioner of education and the superintendent of his intention to answer the charge, and upon failure of the teacher to give notice within ten (10) days, the dismissal shall be final.
On April 7, 2005, exactly ten days after receipt of the superintendent's letter, Sajko's attorney sent a facsimile letter (fax) to the office of the school board's general counsel indicating that Sajko intended to answer the charges against her and that copies of the notice would be sent to the appropriate parties.2 The fax was not sent until after regular business hours. The superintendent and the commissioner received their copies the following day, 11 days after Sajko had received the termination letter.
As provided in KRS 161.790(4), a three-member tribunal was appointed to consider Sajko's termination. Prior to the tribunal hearing, a hearing officer considered the school system's motion to dismiss Sajko's appeal on the ground that her notice was not delivered in a timely manner and that the termination was therefore final. See KRS 161.790(3) and (5). That motion was denied after the hearing officer determined the statute was ambiguous.
The tribunal heard evidence for eight days and found that Sajko was guilty of insubordination in violation of KRS 161.790(1)(a). The tribunal concluded, however, that Sajko did not engage in conduct unbecoming a teacher. In the tribunal's final order, it found that "Sajko would consider any reduction in the sanction as vindication of her inappropriate teaching methods and her unacceptable responses to Male High School officials' directives." Thus, the tribunal affirmed the superintendent's decision to terminate Sajko's teaching contract.
Both sides sought review from the Jefferson Circuit Court. See KRS 161.790(8); KRS 13B.140(1); James v. Sevre-Duszynska, 173 S.W.3d 250, 256 (Ky.App. 2005). The court affirmed the tribunal's decision to terminate Sajko's teaching contract based on insubordination. The court also affirmed the tribunal's finding that Sajko was not guilty of conduct unbecoming a teacher. In addition, the court affirmed the decision that the tribunal had jurisdiction to hear Sajko's defense.
In its cross appeal the school system again contends that the tribunal was without jurisdiction to hear Sajko's defense. It argues...
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