From the months of August through November, 1977, Steele failed to follow specific directives of the Superintendent and School Board policies concerning submitting payrolls through the sub-office.
From the months of August through November, 1977, Steele failed to follow procedures for ordering textbooks and other items through the sub-office.
During the months of September and October, 1977, Steele failed to secure all doors and gates of the school before going off duty each night as he was directed by the Superintendent and his job description.
Steele attempted to undermine the programs of the adult community school by prematurely cancelling classes without proper authorization; improperly discouraging students from registering in the program of the adult community school; complaining about the organization and operation of the school in the presence of students; and being openly hostile and antagonistic toward the coordinator of the community schools.
On November 3, 1977, Steele closed the school without authorization and without following the prescribed procedures as set forth in School Board policy.
The basis of the charge of willful neglect of duty was as follows:
During the months of June through November, 1977, Steele was absent from his assigned work location during the times that he should have been present, such absences not being authorized by duly approved leave.
During the month of September, 1977, Steele failed to secure a teacher for a scheduled class and did not inform the coordinator of the unavailability of the teacher.
On September 29, 1977, Steele was absent from his assigned work location and was not performing his assigned duties while watching a junior varsity football game with students in the night classes.
On December 6, 1977, the School Board suspended Steele without pay pending a hearing on the charges, if requested. On November 29, 1977, prior to the School Board action suspending him without pay, Steele requested a hearing under the Administrative Procedures Act.
On April 18, 1977, Mr. Edwards, the new Superintendent, called Mr. Steele in for a conference regarding his assignment for the next school year. Also present at that conference were William Perry (Director of Vocational, Technical, and Adult Education) and Thomas Conner (Community School Coordinator). Steele's attitude at that meeting has been characterized as belligerent. (TR I-44-46; TR II-231-234.) He started off the meeting by telling the Superintendent which assignments he would refuse to accept. (TR I- 45; TR II-232.) When the Superintendent informed Steele that he was going to be recommended as principal of the Adult Community School, Steele's reaction was openly hostile. (TR I-46.)
Steele appeared at the next School Board meeting to protest his new assignment. At that meeting, he read a prepared statement to the School Board accusing the new Superintendent of "political hatchery". (TR I-49; Petitioner's Exhibit No. 3.) While Steele's right to speak directly to his public employer regarding the operation of the school system is unquestioned, his choice of works and his quarrelsome tone exceeded the bounds of propriety. Although Steel's conduct at this meeting is not cited as grounds for his termination, it is indicative of his attitude, which was repeatedly displayed thereafter, until the Superintendent recommended his dismissal.
In August of 1977, when Steele assumed the position of principal of the Adult Community School, his immediate supervisor was Clarence Jones, the new Community School Coordinator. Jones' supervisor was William Perry, Director of Vocational, Technical and Adult Education. Perry's supervisor, in turn, was Mr. Edwards, the Superintendent. (TR-I-62, 131, 132; TR II-229.)
As a result of Steele's desiring a clarification of his duties in his new position, a meeting was held on August 18, 1977, between the Superintendent and Steele. (TR I-52, 174, 175; TR II-236.) Perry and Jones were also present at this meeting. The Superintendent reviewed Steele's job description explaining, item by item, what he expected of Steele in his new assignment. Steele had a copy of the job description before him during this discussion. (TR I-56, 175; TR II-236.)
Superintendent Edwards reminded Steele that his office hours were to be from 3:30 p.m. to 10:30 p.m., and that he must not leave the campus under any circumstances, except in an emergency. (TR I-63, 175, 176; TR II-237.)
Whenever it became necessary for Steele to leave the campus--either for emergencies or because he was ill--he was instructed to call Jones, Perry, or the Superintendent before leaving. (TR I-63, 175, 176; TR II-237.)
On August 31, 1977, Jones received a call from the Superintendent asking him to meet the Superintendent at the Adult Community School, Clewiston. Jones went to the school and arrived there at approximately 9:58 p.m. Jones and the Superintendent inspected the campus and did not find Steele present. Steele's car was not present. They remained there until approximately 10:30
p.m. (TR I-181.)
On September 15, 1977, Jones went to the school at 10:17 p.m. and found all the lights off and nobody there. Steele's car was not present. He
stayed there until 10:30 p.m. Steele had not called Jones to tell him that he was leaving that night. (TR I-187 and 188.)
On September 19, 1977, Jones went tot he office of the Adult Community School, Clewiston, during the first night of classes to assist in registration. He noticed that on the first night eleven classes had been cancelled. Some of the classes cancelled were some of the most important ones that were offered, such as English, GED, mathematics and drivers education. (TR I-190 and 191.)
The proper procedure and the procedure that has always been followed since the beginning of the program under Steele as Superintendent was that registration was to be held open for two weeks. At the end of two weeks, if the class was under the fifteen students that were needed to continue the class, the class would be cancelled after a conference between Perry and Jones. There was no conference to cancel any of the classes, and if any cancellations occurred, they were done without going through Perry and without following the proper procedures. (TR I-194 and 196; TR II-241, 244, 245 and 247.)
In September, 1977, Steele changed the course offering of shorthand to speedwriting. (TR II-247 and 247; TR III-18.)
The proper procedure for changing a course that had been scheduled would be for the principal, Mr. Steele, to consult with the Coordinator of Community Schools, Mr. Jones, and then consult with the Director of Vocational, Technical and Adult Education, Mr. Perry, and then change the course from what had been offered. Perry had not been consulted before the course was changed from shorthand to speedwriting, but subsequently approved the change after the fact. (TR II-247, 248, 249 and 250.)
During the night of registration for the fall term of 1977, Steele was complaining to the students that he did not know what was going on around the adult school and did not have the authority to do anything and did not know what was happening. Steele's attitude toward Jones that night in front of the students was belligerent. (TR I-191 and 201.)
On September 20, 1977, the first night that the class of bookkeeping was scheduled to begin, Steele called Jones about 3:40 p.m. and informed Jones that Steele did not have a teacher for the bookkeeping course that was to begin at 7:00 p.m. that night. There were twenty people enrolled in the class. It is the principal's responsibility to be sure that each class that is to be taught has a teacher and it is unusual for a class to start without a teacher, particularly when there are twenty people enrolled in it. Jones had to secure the person to teach the class. (TR I-203, 206; TR II-245.)
On September 21, 1977, Jones went to Steele's work location at 10:00
p.m. and found that Steele was not present. Jones called the Superintendent and the Superintendent arrived at the school at approximately 10:12 p.m. and remained until about 10:30 p.m. During that period of time Steele was not present. (TR I-66 and 213.)
On September 22, 1977, Jones went to Steele's work location at 10:05
p.m. and Steele was not present. Jones and Phifer, the principal of Clewiston High School, walked around the campus to see if they could find Steele, but could not find him. Jones remained there until approximately 10:30 p.m. and Steele was not present. Steele had not called him to inform him that he would not be there. (TR II-9 and 10.)
On October 11, 1977, at 10:05 p.m. Jones went to Steele's work location and found that Steele was not on duty. He found the gates were not locked and that both access gates on the north side of the campus were standing open and unlocked. Jones secured the campus and inspected the entire campus, but could not find Steele. There were no cars present at the campus. He was there until around 10:30 p.m. and did not see Steele the entire time. Steele had not called in to say that he would not be there. (TR II-56, 57 and 58.)
On October 14, 1977, Jones went to Steele's work location at approximately 9:30 p.m. and all the lights were out and doors were locked. Steele was not on campus and had not called Jones to say that he would not be there. Jones inspected the campus and did not find Steele. There were no cars on the campus. Jones stayed there for about twenty minutes and Steele did not return. (TR II-59.)
On October 21, 1977, Jones went to Steele's work location at 8:30 p.m. and found that Steele was not there. All the doors were locked and lights were out. Steele had not called him about leaving. Jones discovered that Steele had filed a leave form for October 21, 1977, but it was filed in the county office in LaBelle and did not come through the suboffice as instructed by the Superintendent. (TRII-60 and 61.)
On November 2, 1977, at 9:55 p.m. Jones went to Steele's work location and Steele was not present. The lights in the office were out and all doors were locked. Jones searched the entire campus and Steele was not there. Jones remained there for about forty minutes. Steele had not called him to say that he would not be there. (TR II-65, 66 and 67.)
The Superintendent also directed Steele to send his payrolls through the county sub-office in Clewiston, where Jones maintained an office, rather than directly to the district office in LaBelle.
Similarly, the Superintendent directed Steele to send all purchase orders for materials, books and supplies through the county sub0office in Clewiston for Jones' review, rather than directly to the supplier.
The Superintendent also directed Steele to send all sick leave forms, whether for himself or his employees, through Jones in the county sub0office in Clewiston. In short, the Superintendent re-emphasized that Jones was Steele's supervisor.
Finally, the Superintendent directed Steele to insure that the school plant was secure each night before he left campus. (TR I-64.)
At the conclusion of this August 18, 1977, meeting, the Superintendent requested Steele to conform to all School Board policies and all of the orders that he had been given at the conference. There can be little doubt that Steele fully understood the Superintendent's orders. After each item, the Superintendent asked Steele if he understood what he had just been told; on each occasion, Steel acknowledged that he understood his instruction. (TR I-65, 177; TR II-239, 240.) In closing, the Superintendent warned Mr. Steele that if he did not follow each and every directive of the Superintendent and adhere to School Board policy, the Superintendent would consider each breach an act of gross insubordination. (TR I-65, 177; TR II-239.) Steele indicated that he understood the import of the Superintendent's orders. (TR I-65, 177; TR II-239, 240.) The tone of the meeting was very serious and the other administrators
present testified that they had no problem understanding exactly what the Superintendent had directed Steele to do. (TR I-178.)
Following that August meeting, Steele, based on the acts and conduct set forth above, failed or refused to follow the standards of conduct laid down by the Superintendent, ultimately resulting in the Superintendent's recommendation to the School Board that Steele be terminated for gross insubordination and willful neglect of duty. The particular conduct by Steel is detailed below.
On numerous occasions after the August meeting, Steele left school early without informing Jones, Perry or the Superintendent. (TR I-66, 97, 181, 188, 213; TR II-9, 10, 56-61, 65-67.) He refused to send his payrolls through Jones at the sub-office, but persisted in sending them directly to the county office in LaBelle (TR II-11, 65; Respondent's Exhibit Nos. 2 & 4), in clear violation of the Superintendent's express orders. He also refused to send his book orders and his requisitions for materials and supplies through Jones, choosing instead to send them directly to the suppliers. (TR II-13, 14,15, 17, 18; Respondent's Exhibit Nos. 3 & 4.) He consistently failed to send his sick leave forms through Jones in the sub-office (TR II-60, 61), as he had been specifically instructed to do. On several occasions, he failed to secure the school plant before leaving the campus. (TR II-56, 57 &58.)
In addition to repeatedly disobeying various lawful orders of the Superintendent, Steele openly displayed a hostile and contemptuous attitude toward his supervisors. From the first meeting between Jones and Steele, Steele was contemptuous and hostile toward Jones. (TR I-51.) Jones, as was his practice, recorded those encounters with Steele which he considered out of the ordinary, either favorable or unfavorable. (TR I-141.)
Steele's attitude towards his immediate supervisor, Clarence Jones, was particularly disrespectful, discourteous, and belligerent -- not only in private, but in public. On occasion, he would totally ignore Jones in the presence of others, under circumstances where his refusal to acknowledge Jones' presence could reasonably be considered as an attempt to demonstrate his contempt for Jones. On other occasions, Steele displayed open hostility toward his supervisor. For example, he angrily slammed a handful of papers down on his desk and invited Jones outside to settle the matter of who was going to be principal of the school. (TR I-288.) In view of the circumstances, Jones perceived Steel's statement as an invitation to fight; however, Steele -- further displaying his contemptuous attitude toward Jones -- claimed he would never challenge Jones to a fight because he did not feel Jones was a man. (TR III-104, 170.) On another occasion, Steele told Jones' supervisor, Mr. Perry, that he thought Jones was a "pip squeak" and that he "would like to bust him in the mouth" (TR II-260.)
Steele's insolent attitude toward Jones became apparent to others, as well. In September, 1977, a student, Margaret DeCastro, wrote a letter to Perry commenting on the rude and disrespectful attitude Steele had displayed toward Jones in her presence.
Upon receiving Ms. DeCastro's letter, Perry requested a report from Jones about his relationship with Steel. In response, Jones detailed all the problems he had with Steele up to that point. Perry, in turn, reported this matter to the Superintendent.
However, Clarence Jones was not the only administrator to face Mr. Steele's wrath: Steele also acted in a disrespectful manner toward William Perry, who was director of all adult and vocational-technical programs in Hendry County. For example, in the latter part of September, 1977, Steele upbraided Perry in front of several staff members. (TR II 256-260.) Mr. Perry was sufficiently upset by the incident that he wrote a letter to Steele directing him to change his attitude. (TR II-261; Respondent's Exhibit No. 7.)
Finally, Steele's hostile, belligerent, and insubordinate attitude extended directly to the Superintendent. In a meeting with Steele on November 7, 1977, in the presence of Perry and Jones, the Superintendent informed Steele that he and Clarence Jones had, on several occasions as set forth above, discovered that Steele was absent from his assigned work location during duty hours. Steele angrily responded that anybody who said that he had not been at his work location when he was supposed to be was "a damn liar and full of shit." (TR II-267.)
At that same November meeting, the Superintendent also questioned Steele about closing the adult school on the evening of November 3, 1977, without prior permission from Jones, Perry or Edwards. District policy prohibits principals from closing their schools without first receiving approval from the County office. (TR I-101.) Mr. Steele had been instructed to comply with all School Board policies at the August 18, 1977, meeting between Steele, Edwards, Perry and Jones. (TR I-65, 177; TR II-239.) Steele admitted that he had closed the school that evening; however, he claimed the weather was extremely bad and contended that he was justified in closing the school. (TR I- 102; TR II-73, 266.) While Steele's decision to close the school may have been sound, in view of the weather, he had once again failed to follow School Board policy, and the Superintendent's direct orders that he advise Jones, Perry or the Superintendent of the conditions so that they could make the decision. School Board policy did not give a principal, such as Steele, the discretion to close a school without first consulting with the Superintendent or his delegate. The mere fact that his decision may have ultimately proved proper does not excuse Steele from his obligation to follow the procedures set down by the Superintendent.
ANALYSIS AND DISCUSSION
A Principal with continuing contract status may be dismissed for gross insubordination or willful neglect of duty. Subsection 231.36(5), Florida Statutes (1977).
The harmful effect of an administrator's insubordinate attitude on the operation of the school system has long been recognized. For example, in Board of Education of the City of Los Angeles v. Swan, 250 P.2d 305 (Cal. 2d DCA 1952) the Court, citing precedent, noted:
A teacher, and more particularly a principal, in the public school system is regarded by the public and pupils in the light of exemplar, whose words and conduct are likely to be followed by the children taught. An important part of the education of any child is the instilling of a proper respect for
authority and obedience to necessary discipline.
Lessons are learned from example as well as from percept. The example of a teacher who
is continually insubordinate and who refuses to recognize constituted authority may seriously affect the discipline in a school, impairs efficiency and teach children lessons they should not learn. Such conduct may unfit a teacher for service in a school even
though her other qualifications may be sufficient. Johnson v. Taft School District, 19 Cal.App.
2d 912, 913; Voorhees, Law of Public Schools,
p. 136. Id. at 309 (emphasis added).
Unfortunately, the term "gross insubordination" has not yet been defined by Florida courts. However, in conformity with a fundamental rule of statutory construction, the term should be accorded its plain and ordinary meaning. Pederson v. Green, 105 So.2d 1 (Fla. 1958).
Webster's Seventh New Collegiate Dictionary (1976 Ed.) defines "insubordination" as "unwilling to submit to authority." In the context of public education, the term has been defined as: "A constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority." Ray v. Minneapolis Board of Education, 202
N.W. 375, 378 (Minn. 1972). Another Court has stated:
Insubordination imports a willful disregard of express or implied directions of the employer, and a refusal to obey reasonable
orders. McIntosh v. Abbot, 231 Mass. 180, 120 N.E.
383.
A practically indentical definition is found at 21A, Words and Phrases, Insubordination, 554, and was applied to uphold the dismissal of a teacher in Ellenburg v. Hartselle City Board of Education, 349 So.2d 605, 509,
n. 2d (Ala.Civ.Appl1977):
Insubordination imports willful disregard of express or implied directions or such defiant attitude as to be the equivalent thereto. (emphasis supplied)
In the single Florida case construing the term, a teacher's dismissal for insubordination was upheld where he displayed "a disobedience of orders, infractions of rules, or a generally disaffected attitude toward authority." Muldow v. Board of Public Instruction of Duval County, 189 So.2d 415 (Fla. 1st DCA 1966).
Lack of cooperation has been considered "a subtle species of insubordination." School District No. 8 v. Superior Court of Pinal County, 433 P.2d 28, 30 (Ariz. 1977). However, Florida Statutes requires something more than "a subtle species of insubordination" in order to terminate a continuing contract. The Continuing Contract Law says that the attitude or conduct of the educator must be "gross insubordination." Subsection 231.36(6), Florida Statutes (1977).
The modifier "gross" when used with the term "insubordination" may also be interpreted in its common sense: "glaringly noticeable." Webster's Seventh New Collegiate Dictionary (1976 Ed.).
One Federal Circuit Court, in Horton v. Orange County Board of Education, 464 F.2d 536 (4th Cir. 1972) affirming 342 F.Supp. 1244, construed the following actions as "downright" subordination: A teacher required her students to purchase two paperback books, despite a district policy which prohibited teachers from buying books for use in class or selling books to students, or collecting any fee from students, without first obtaining approval from the local Board of Education. When told of her violation, and informed that she must refund student monies, the teacher allowed a student to sell the book, in an apparent effort to avoid the regulation. 342 F.Supp. at 124.
In Delaware, the statutory term analogous to "gross insubordination" is "willful or persistent insubordination", 14 Del. C. Subsection 1411. That term has been judicially defined as: "A constant or continuing intentional refusal to obey a direct or implied order which is reasonable in nature and has been given by and with proper authority." Shockley v. Board of Education, 149 A.2d 331, 334 (Del. Superior Ct., 1959).
Although not dealing in those terms, a sensible and workable distinction between simple insubordination and "gross" insubordination is suggested by the Court in Fernald v. City of Ellsworth Superintending School Committee, 342 A.2d 704 (Me. 1975):
In short, we are not dealing here with a teacher's ephemeral bad mood, minor clerical omission, or arguable negligence or inattention concerning an incidental matter.
Rather, Plaintiff's conduct has the marks
of a persistent, sustained, and unreasonable course of defiance. Such an attitude, over
a course of time, breaches harmonious relations among colleagues and administrators. Id. at 708 (emphasis added). 1/
In other words, an occasional lapse of decorum or failure to follow orders may not be "gross" insubordination, since it may merely reflect an "ephemeral bad mood" rather than a disaffected attitude toward authority. But, when the misconduct is repeated, the breaches are more likely to be the result of persistent defiance rather than an "ephemeral bad mood."
In order to flesh out the concept of insubordination as it applies in the context of public schools, a brief review of the manner in which the term has been applied in several specific cases is helpful.
In Ray v. Minneapolis Board of Education, 202 N.W.2d, 375 (Minn. 1972) a "well-qualified Minneapolis high school teacher" (Id. at 377) was discharged for insubordination based upon his refusal to fill out an eight-page form which was part of the curriculum evaluation study conducted by an independent professional group, the North Central Association of Colleges and Secondary Schools.
