State ex rel. Underwood v. Adams

• Decision Date: 15 November 1971
• Parties: , 225 Tenn. 553 STATE of Tennessee ex rel. Thomas R. UNDERWOOD, Relator, v. Dr. Olin L. ADAMS, Jr., et al.
• Court: Tennessee Supreme Court

Page 188

473 S.W.2d 188

3 Pack 553, 225 Tenn. 553

STATE of Tennessee ex rel. Thomas R. UNDERWOOD, Relator, v. Dr. Olin L. ADAMS, Jr., et al.

Supreme Court of Tennessee.

Nov. 15, 1971.

Robert L. Crossley, Knoxville, for appellants.

Warren R. Webster, Knoxville, for appellee.

OPINION

McCANLESS, Justice.

Thomas R. Underwood, Supervisor of Elementary Education in the Knoxville School System, brought a mandamus suit against the Superintendent of Schools and the members of the Board of Education of Knoxville. The Chancellor granted him relief and on appeal the Court of Appeals reversed the Chancellor's decree and dismissed the suit. We granted certiorari and heard arguments at the recent term in Knoxville.

After considering the arguments of counsel, and the record, we are of opinion that the Court of Appeals, in their opinion prepared by Judge Clifford E. Sanders, correctly decided the suit and we adopt that opinion as our own. It is as follows:

'This suit was brought in the Chancery Court of Knox County seeking a mandamus to require the city school board to restore the Relator to a position in the echelon of command in the school system equal to one formerly held by him and to increase his salary commensurate with his duties.

'The parties will be referred to as Relator, Thomas R. Underwood, and Defendants, Dr. Olin L. Adams, Jr., Superintendent of Knoxville City Schools, Charles R. Burchett, Lewis S. Howard, J. W. Carty, Sarah M. Greene, John S. Humphreys, Howard Temple, Luther Woods, Kenneth Bailes and Baynard Erskine, Knoxville Board of Education.

'The Relator was appointed to the position of supervisor of elementary education in the Knoxville school system in 1965 and was reappointed each succeeding school year, including the 1968--1969 term. His length of employment in this position had been sufficient to give him tenure under Section 178 of the Charter of the City of Knoxville, the pertinent part of which is as follows:

"Sec. 178. Same-Dismissal, demotion of change in position at reduced salary; reduction in number of employees; temporary employees.

"Neither the board of education, nor any member thereof, nor the Superintendent of Schools, nor any other official of the department of education shall have any right to dismiss, discharge, demote or change any employee made subject to civil service or permanent tenure by the provisions of this act, from one position or class to another position or class within the department of education or otherwise at a reduced salary, unless and until charges as specified hereinafter shall have been filed and sustained against such employee in the manner hereinafter provided; * * *.'

'According to the organizational chart of the school system, as in effect prior to April, 1969, the supervisor of elementary education was under the direct supervision of the assistant superintendent of instruction. Other positions in the system of equal status were supervisor of secondary education, coordinator of special education and supervisor of nurseries.

'In April, 1969, the school board decided to make some substantial changes in the organizational setup of the school system. Among the changes were the creation of the position of administrative assistant to the superintendent, the addition of two assistant superintendents, and the creation of the positions of director of secondary education and director of elementary education. The position of supervisor of secondary education was abolished, but the position of supervisor of elementary education was not abolished and the Relator still retains this position in the school system.

'Immediately after the reorganization setup was adopted, there was some confusion as to the position of the Relator and he was advised that his duties were being changed and that he would be in a different department. But this was corrected and the Relator was reassigned as supervisor of elementary education long before this suit was filed.

'Under the new organizational chart of the school system, the director of elementary education is under the direct supervision of the assistant superintendent of instruction and the supervisor of elementary education is under direct supervision of the director. The Relator is now one step further removed from the assistant superintendent than under the former organization plan.

'Although there have been some changes in the duties of the Relator under the reorganization, which he describes as a reduction in duties, there has been no reduction in his salary. As a matter of fact, he received an increase of approximately $700 per year.

'The purpose of creating the positions of directors of both elementary and secondary education was to upgrade the school system. One of the minimum requirements for these positions is, among others, 'the doctorate degree or work beyond a master's with definite dates for completing the doctorate,' and these new positions will pay a salary ranging from $13,000 to $15,000 per annum, depending upon experience.

'Dr. Earl Henry, who was formerly supervisor of secondary education, and who meets the minimum requirements, was appointed director of secondary education. The record does not indicate that the Relator meets these minimum requirements for director of elementary education and that position has not been filled although the school board has been advertising for applicants with the leading universities throughout the country.

'The Relator filed his suit on the theory that the reorganization of the school system as now constituted amounts to his being demoted; that he should be placed in the position of director of elementary education and that his salary should be increased commensurate with that of the director of elementary education, and he seeks by his bill, as amended, to have the court, by mandatory injunction, require the board of education to so act.

'The Defendants filed a demurrer to the bill. The principal grounds, as now pertinent, are that Petitioner failed to allege any reduction in salary or other impairment of his tenure rights and that he is not, as a matter of law, entitled to an increase in salary.

'The Chancellor overruled the demurrer and Defendants filed their answer. The case was tried before The Honorable Len G. Broughton, Jr., Chancellor, after which he filed a memorandum opinion, finding the issues in favor of the Relator.

'In keeping with the memorandum opinion, a decree was subsequently entered in which the court decreed: (1) That an injunction issue requiring the Defendants to eliminate from the organizational structure of the board of education the position of director of elementary education. (2) Or, in the alternative, the Defendants are directed to appoint the Relator to the position of director of elementary education. (3) That the board of education fix the Relator's salary commensurate with the position of director of elementary education and this be reported to the court and if the court is not satisfied with the salary the court will redocket the case and determine the salary that the Relator should have been paid for...