Schultz v. Palmberg

• Citation: 317 F. Supp. 659
• Decision Date: 02 October 1970
• Docket Number: Civ. No. 5485.
• Parties: F. Peter SCHULTZ and Richard L. Doering, Plaintiffs, v. Walter PALMBERG, President of Central Wyoming College, and Robert Peck, Paul Hines, Esther Mockler, John Benesch, Robert Novotny, Members of the Board of Trustees of Central Wyoming College, et al., Defendants.
• Court: United States District Courts. 10th Circuit. District of Wyoming

317 F. Supp. 659

F. Peter SCHULTZ and Richard L. Doering, Plaintiffs, v. Walter PALMBERG, President of Central Wyoming College, and Robert Peck, Paul Hines, Esther Mockler, John Benesch, Robert Novotny, Members of the Board of Trustees of Central Wyoming College, et al., Defendants.

Civ. No. 5485.

United States District Court, D. Wyoming.

October 2, 1970.

Graves & Smyth, Cheyenne, Wyo., for plaintiffs.

Spiker & White, Riverton, Wyo., for defendants.

Judge's Memorandum

KERR, District Judge.

Plaintiffs, F. Peter Schultz and Richard L. Doering, were employed as professors at Central Wyoming College in Riverton, Wyoming, during the academic years 1968-1969 and 1969-1970. Prior to commencement of both of these academic years, each of the plaintiffs was given a teaching contract for a duration of nine and one-half teaching months. Each of the plaintiffs received notice of the decision not to renew his teaching contract in separate letters from defendant Dr. Walter H. Palmberg, President of Central Wyoming College. As evidenced by the letters of Dr. Palmberg dated February 27, 1970, the decision not to renew plaintiffs' teaching contracts for the 1970-1971 academic year was made by the Board of Trustees of Central Wyoming College, hereinafter referred to as "the Board". Both plaintiffs requested formal hearings and these requests were denied by the Board. The Board did, however, invite the plaintiffs to appear at a regularly scheduled meeting at which time the matter could be discussed informally. One of the plaintiffs, Schultz, accepted the Board's invitation and appeared at a meeting with his attorney on May 19, 1970. The plaintiffs deemed the results of this meeting unsatisfactory and proceeded thereafter to file the present suit.

This action is brought by the plaintiffs pursuant to the Civil Rights Act. 42 U.S.C. § 1983. In their complaint plaintiffs seek, inter alia, to compel the defendants to renew their annual teaching contracts and, in addition, pray for damages against all defendants except Minick and Bush. Defendant Fremont County Community College District, State of Wyoming, is a body corporate, created pursuant to Sections 21-471 to 21-493, Wyoming Statutes, 1957, and at all times referred to herein was empowered to operate and administer Central Wyoming College.

The defendants have filed a motion to dismiss the action on the ground that the complaint fails to state a claim upon which relief can be granted. Likewise, the plaintiffs have filed a motion for partial summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, wherein they pray for an order directing defendants to hold an evidentiary hearing and to delay action on the remainder of plaintiffs' complaint until such hearing is held.

The plaintiffs allege that the Board's failure to renew their teaching contracts was arbitrary, unreasonable and accomplished without a hearing, all of which resulted in a denial of plaintiffs' right to continued employment. Further, plaintiffs allege that the actions of the defendants penalized them for the exercise of protected rights under the Constitution of the United States and had a chilling effect on the exercise of their rights under the First and Ninth Amendments to the Constitution. The plaintiffs also allege that the action of the Board in denial of hearings was taken under color of state law, towit: Sections 21-471 to 21-493, Wyoming Statutes, 1957, supra.

On the other hand, the Board argues that plaintiffs do not have a right of continued employment; that the Board was lawfully exercising a vested discretionary power in not offering contracts to plaintiffs; and that plaintiffs, not being vested with tenure, did not have a right to a hearing.

The elements required to establish a claim for relief under 42 U.S.C. § 1983 are: (1) that the conduct complained of was engaged in under color of state law, and (2) that such conduct subjected the plaintiffs to a deprivation of rights, privileges, or immunities secured by the Constitution and laws of the United States. Jones v. Hopper, 410 F.2d 1323 (10 Cir., 1969), cert. denied 397 U.S. 991, 90 S.Ct. 1111, 25 L.Ed.2d 399 (1970).

Plaintiffs further allege that the guaranteed right, privilege or immunity protected under the Federal Constitution and laws which they have been deprived of is the "right to continued employment". Counsel for plaintiffs, however, at the oral argument on the motions filed herein, argue that the rights or privileges which have been denied are their First Amendment rights of free expression and freedom of association. In substance, the plaintiffs argue that the Board, in failing to rehire plaintiffs has, in effect, denied to them the exercise of their First Amendment rights.

Plaintiffs' claimed interest must find its source in the Constitution, laws of the United States, Wyoming Statutes, their 1969-1970 teaching contracts, or college policy, practices or customs. The Constitution and laws of the United States do not generally create any right to continued employment. Government employment, in the absence of legislation, can be revoked at the will of the appointing officer. Vitarelli v. Seaton, 359 U.S. 535, 79 S.Ct. 968, 3 L.Ed.2d 1012 (1959). Also, as a general rule, no person, school teacher or otherwise, has a constitutional right to public employment. Parker v. Board of Education of Prince George's County, Md., 237 F.Supp. 222 (D.Md.1965), aff'd 348 F.2d 464 (4 Cir., 1965), cert. denied 382 U.S. 1030, 86 S.Ct. 653, 15 L.Ed.2d 543 (1966).

The statutes of the State of Wyoming do not provide tenure or continued employment to a faculty member with a community college. See generally § 21-471 to § 21-493, Wyoming Statutes, 1957, supra. The Wyoming Education Code provides tenure and a right to a hearing before termination to teachers who have been employed by the same school district in the State of Wyoming for a period of three consecutive school years. See §§ 21.1-151 to 21.1-164, Wyoming Statutes, 1957. The Wyoming Education Code, however, is not applicable to community colleges. § 21.1-6, Wyoming Statutes, 1957. Even if the Wyoming Education Code was applicable plaintiffs still fall short of tenure, a right to continued employment, or an expectancy of continued employment, together with the right to a hearing.

The contracts executed by the plaintiffs with the Fremont County Community College District contain no condition expressed or implied to the effect that the contract would be automatically renewed or that continued employment would be guaranteed to the plaintiffs. The employment arrangement was on a year-to-year contractual basis. The contracts were self-terminating and plaintiffs had no expectation beyond the agreed term. Henry v. Coahoma County Board of Education, 246 F.Supp. 517 (N.D.Miss.1963), aff'd 353 F.2d 648 (5 Cir., 1965), cert. denied 384 U.S. 962, 86 S.Ct. 1586, 16 L.Ed.2d 674 (1966).

Central Wyoming College had just completed its second full year of operation and did not have a policy or procedure approved by the Board regarding the employment or re-employment of faculty members. In the absence of a practice or custom at Central Wyoming College, there is, therefore, no basis for an expectancy on the part of a teacher for a right to continued employment with the college.

It is clear that the plaintiffs did not have tenure privileges either by Wyoming law or by contract. They were employed solely on a year-to-year basis at Central Wyoming College. This college is an institution of higher learning organized and existing under the laws of the State of Wyoming. Those laws give the Board the power to prescribe and enforce rules and regulations for the government of the community college under its jurisdiction. § 21-476, Wyoming Statutes, 1957.

Teachers are normally selected by school boards. School boards have always had the power to enter into contracts with teachers and fix their compensation and duration of employment. The discretion of a school board in this respect should be broad and as long as such discretion is exercised in good faith and is not patently arbitrary or unreasonable, this Court will not interfere to aid those whom the Board does not choose to employ. See generally Freeman v. Gould Special Sch. Dist. of Lincoln County, Ark., 405 F.2d 1153 (8 Cir., 1969), cert. denied 396 U.S. 843, 90 S. Ct. 61, 24 L.Ed.2d 93 (1969). The Court stated in Jones v. Hopper, supra, 410 F.2d at page 1329:

"Because of the special needs of the university, both public and private, great discretion must be given

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