Sanders v. Vinson

• Decision Date: 05 December 1977
• Citation: 558 S.W.2d 838
• Court: Tennessee Supreme Court
• Parties: Elayne SANDERS, Appellant, v. Casie J. VINSON, etc., et al., Appellees. 558 S.W.2d 838

Page 838

558 S.W.2d 838

Elayne SANDERS, Appellant, v. Casie J. VINSON, etc., et al., Appellees.

558 S.W.2d 838

Supreme Court of Tennessee.

Dec. 5, 1977.

Charles Hampton White, Cornelius, Collins, Higgins & White, Nashville, for appellant.

James O. Lanier, County Atty., Dyersburg, for appellees.

OPINION

HENRY, Justice.

This action arises under the Teachers' Tenure Law (Sec. 49-1401, et seq., T.C.A.) and fairly raises questions relating to the establishment and termination of tenurial status. Plaintiff, in this action against the County Superintendent of Education and the Board of Education of Dyer County, seeks (1) to vacate the action of the Dyer County Board of Education in terminating her employment, (2) to be reinstated to her former teaching position and (3) to recover damages for the breach of her contract of employment. The Chancellor sustained a motion to dismiss made pursuant to Rule 12.02, Tenn.R.Civ.P., and decreed that plaintiff was "entitled to full pay and remuneration . . . subject to mitigation to the extent of other earned income," but did not award any specific amount.

We hold the Chancellor's action to be incongruous, incorrect as a matter of law, and incomplete. We, therefore, reverse and remand.

I.

A proper understanding of the issues here presented demands a detailed and chronological narration of the bizarre history of the events leading up to this lawsuit.

It must be borne in mind that the case is before us solely on the matter of the motion to dismiss, which is akin to a demurrer under former practice in that it admits all matters properly pleaded and, therefore, is a test of the leading pleading. Holloway v. Putnam County, 534 S.W.2d 292 (Tenn.1976). We, therefore, accept the factual averments of the complaint for purposes of this appeal.

Elayne Sanders was employed in 1971 by the Dyer County Board of Education (the Board) as an English teacher. She completed her probationary period at the end of the school year 1973-1974, and thereby became eligible for permanent tenure status. Sec. 49-1403, T.C.A.

On 9 April 1974, the Board met in "called" session for the purpose, among other things, of electing teachers for the ensuing school year. The minutes of that meeting show affirmatively that Elayne Sanders "was not recommended by the superintendent." No reasons were assigned. Notwithstanding the non-concurrence of the superintendent, she was reelected. The minutes are silent as to whether the superintendent advised the Board that her reelection would result in tenurial status. Sec. 49-1403, T.C.A.

Two days later, on 11 April 1974, the Board met in "emergency" session and, among other things, reconsidered its action in re-employing Elayne Sanders. While not specifically recited in the minutes, it is averred in the complaint that at this meeting the superintendent and a representative of the State Department of Education represented to the Board that the State Commissioner of Education would not recognize Elayne Sanders for the purposes of salary disbursement under Sec. 49-602(A)(7) and that the State would withhold the appropriate salary disbursement on the authority of Sec. 49-604(B), T.C.A. As a result, the Board voted unanimously to rescind its earlier action in re-employing Sanders. That same date the Superintendent notified her of the action of the Board.

On 18 April 1974, Sanders requested a formal hearing before the Board. On 29 April 1974, the hearing was conducted. At this meeting the superintendent gave no reasons for not recommending her re-employment but indicated that the problem stemmed from longstanding political differences between the Board and him. The Board adjourned after resolving to hold another meeting on the matter, and directed that at that meeting any charges against plaintiff be presented.

On 24 June 1974, the board met in regular session and voted to rescind the action of 11 April 1974. The superintendent was called upon to make a recommendation respecting the employment of Sanders and, in response thereto, advised the Board that he felt "the instruction of the English department could be upgraded by employing other persons." He did not recommend her re-employment. The Board thereupon proceeded to elect Sanders unanimously for the ensuing school year.

In July 1974, the Board forwarded Sanders a document upon which to acknowledge employment. This document specified the school at which she was to teach and instructed her to contact the principal for her classroom assignment. She indicated her acceptance and returned the document. Thereafter, on 6 August 1974, she was sent a memorandum on the procedures to be followed for opening of the school year, including instructions for in-service training and the execution of contracts.

Sanders reported for in-service training on 19 August 1974 and had worked for a full week when she received a letter from the Superintendent and the Chairman of the School Board, which, omitting the address, salutation and complimentary closing, read as follows:

This is to inform you that the Dyer County Board of Education, in session on August 22, voted to rescind action taken by the board on June 24, 1974, in which you were employed by the board to teach in Dyer County Schools for the 1974-75 School Year.

This action was taken due to a Chancery Court case between the Tennessee Education Association and the Tennessee State Department of Education regarding legality of your employment under T.C.A. 49-602, A, 7 as amended by Chapter 435, Public Acts of 1974.

This is the notice that the appellees rely upon and that appellant challenges.

Sanders was paid for the one week of in-service training on 6 November 1974. On 22 November 1974, she filed suit in the Chancery Court at Nashville against the State Commissioner of Education, the Dyer County Superintendent and the Dyer County School Board, seeking restoration and/or reinstatement, a declaration of her rights and status as a teacher, and a restoration of proceeds withheld from the State School Fund. The Chancellor concluded that Sanders was seeking review of her discharge and that the action must be brought in Dyer County.

On appeal to this Court we affirmed the Chancellor, holding that the Commissioner of Education was neither a necessary nor a proper party and that venue was in Dyer County. Sanders v. Carmichael, 527 S.W.2d 92 (Tenn.1975). The opinion was released 2 September 1975. The instant suit was filed 12 September 1975.

II. HOW TENURE IS ACQUIRED

In spite of the fact that the Teachers' Tenure Act has been in effect for more than a quarter of a century, it is evident that even those affected by it and those charged with its administration do not understand its full import. This section is designed not only to decide this particular lawsuit, but to serve as a primer for the use of local school boards and public school teachers, to the end that controversies of this type be minimized.

Contrary to the belief which apparently prevails in some quarters, the mere completion of the three-year or twenty-seven month probationary period by a teacher otherwise qualified, does not automatically confer permanent tenure. It merely is a condition precedent to eligibility for tenure.

The conference of tenurial status is dependent not only upon service but also upon affirmative action by the Board of Education. The statute (49-1403) is clear:

Upon completion of the probationary period, any teacher who is reemployed or retained in the system is entitled to the tenure status for which she is qualified by college training and certification . . . .

Further, Sec. 49-1402, T.C.A., in defining permanent tenure, specifies that it applies to teachers who meet certain educational requirements, hold valid professional certificates, have completed the probationary period and who are "reemployed by the board for service after the probationary period." See State v. Lunsford, 207 Tenn. 33, 336 S.W.2d 20, 21 (1960).

In Snell v. Brothers, 527 S.W.2d 114 (Tenn.1975), we reaffirmed the language of Lunsford, holding that tenure did not attach unless, after completing the probationary period, the teacher was retained or reelected to the position.

The Board and the Superintendent insist that as a condition of tenure the employment by the Board must be made upon the recommendation of the Superintendent and that absent his recommendation there can be no tenure. We find nothing in the law to support this contention.

That portion of the general education law covering the local administration of schools is embraced in Sec. 49-201, et seq., T.C.A. Under Sec. 49-224 it is made the duty of the board to assign to its superintendent duties which include:

(10) To recommend to the board of education, supervisors, teachers, clerical assistants, and other employees in the schools.

This statutory duty, however, is not related to tenure. It originated as a part of Chapter 115, Public Acts of 1925, and, therefore, pre-dates the tenure law by a quarter of a century; and nowhere is a recommendation of the superintendent made a condition of employment. Sec. 49-214(1), T.C.A., vests in the local board of education the full and unconditional right to elect teachers.

The supremacy of the local board of education over the superintendent of schools is recognized in State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635 (1956). There the Court said:

The duties of the superintendent are highly important but they do not with respect to essential features of school management override the authority of the school board. Naturally the superintendent's advice will be given much consideration, but the ultimate responsibility and the finality as to choice rests with the school board. It may act on its own sound judgment as to what is required by the public welfare, and contrary to advice from any source, even from the superintendent of schools. The school board is still the master and not the servant. 201...