Joanne Thompson - al



Joanne Thompson

Vs.

Huntsville Board of Education

Appeal from a Decision of the Huntsville Board of Education

This matter came on for hearing on February 3, 2012 on an appeal by Joanne Thompson (hereinafter referred to as Thompson) from a decision by the Huntsville Board of Education (hereinafter referred to as the Board) to terminate the employment of Thompson, a teacher.

The record, briefs and argument of counsel support the following findings of fact:

Thompson has been an English teacher in the Huntsville City School system for 14 years. She has an unblemished record as a teacher and is classified as Highly Qualified.

On several occasions during years previous to the 2011-2012 school year, Thompson had taken personal leave during the first week of the school year to attend a church convention with her husband, who is a minister. Non-refundable airline tickets for the convention were purchased in advance by the church members.

Prior to the beginning of the current school year, Thompson again planned to attend the convention. At that time, her school was without a principal. Thompson entered her days to be off on the school computer system and retained a qualified teacher to substitute for her.

A new principal was hired for Thompson’s school after she entered her leave but before the school year began. Thompson went to the new principal to inform him of her plan for personal leave. The principal denied Thompson’s leave. When Thompson asked what would happen if she took the leave with a substitute in her place, the principal stated that she would be “written up” in her personnel record.

Thompson then appealed to her principal’s supervisor who affirmed the principal’s decision.

Thompson then emailed the new superintendant of Huntsville City Schools and requested that he review the principal’s decision. Having done so, the superintendant affirmed the principal’s decision.

There is no dispute that the principal told Thompson that if she took the trip, she would be “written up” in her personnel record. This decision was affirmed by those in authority over the principal.

Thompson took the personal leave and the substitute was present for her classes.

While Thompson was absent and before the decision of the Board, the principal advertised publicly for an opening in the school system for Thompson’s job.

During that same week, the Superintendent commented to a newspaper reporter that he would meet a teacher (Thompson) who had taken leave without permission at the airport with her termination papers. This, also, was prior to the Board decision.

When Thompson returned, she received a termination letter from the Superintendant. She was terminated on the grounds of neglect of duty and denied her salary.

Appellant raises many issues in this matter on appeal. Giving deference to the decision to Board and having considered the record and briefs and argument of counsel, this Court finds as follows:

The reason for termination as set out by the Board is neglect of duty. By failing to appear at school, it can be said that Thompson did neglect her duty to appear herself. The fact that she arranged for a qualified substitute teacher and prepared work for the students is important in examining the degree to which she neglected her duty. She did not simply fail to appear for work without notice. She did not leave the school without qualified staff for her classes. However, failure to appear after being told to do so by her superiors is a neglect of her duty.

As to the issue of the Superintendant’s and Board’s termination of Thompson without pay, this Court finds that such termination was arbitrary in this case. Thompson is a teacher of fourteen years with a perfect record . Thompson had been told by every level of Board personnel above her that she would be “written up” if she decided to take her personal leave at that time. From the record of the Board hearing, this Court finds that her assumption as to the consequences of taking her leave were based on those representations made to her.

Thompson took the leave against the wishes of her superiors but there is no doubt that she relied on their representations as to the consequences of taking that leave.

Thompson relied on those representations of the Superintendant and others to her detriment. She should not be terminated under these circumstances.

Therefore, the termination of the appellant is reversed for the reasons stated above. Thompson should have been able to rely on the representations of her superiors in this situation.

As to other issues raised by Appellant, the court does not find error.

Done and Ordered this the 7th day of February, 2012.

________________________________

Sandra H. Storm

Circuit Judge, Retired

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