vs. ) CASE NO. 81-2013
Respondent. )
This matter came on for hearing in Bonifay, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter, on September 11, 1981. The parties were represented by:
For Petitioner: Philip J. Padovano, Esquire
For Respondent: Bonnie K. Roberts, Esquire
The Holmes County School Board rejected Petitioner's nomination by the Superintendent of Schools for the position of elementary school principal. The issue is whether or not Respondent rejected this nomination for good cause within the meaning of Subsection 230.23(5)(a), Florida Statutes (Supp. 1980).
Petitioner has been employed as a teacher by Respondent for thirteen years and has taught at the Prosperity Elementary School for the past ten years. She holds a Rank II teaching certificate based on her master's degree.
Mr. Johnny Collins, the Superintendent of Schools, recommended that Petitioner be placed in the position of teacher-principal at Prosperity Elementary School for the 1981-82 school year. This recommendation was initially made in May or June, 1981.
Respondent School Board rejected the Saunders nomination at its July 20, 1981, meeting. The reasons for the rejection as stated in the minutes are as follows:
Mrs. Saunders failure to meet the qualifications of Chapter 231, Florida Statutes; 2) Failure to satisfy the job description as set forth in the approved job description for the Holmes County School Districts, specifically that principals be courteous, diplomatic and cooperative; that principals have leadership qualities; and that principals must be positive but not autocratic in solving problems; 3) failure to cooperate with past principals at Prosperity Elementary School and contributing to the disharmony amongst the personnel; 4) statements of Mrs. Flynn Jones, Tommy Hudson, Gerald Commander and Posie Vaughn.
The incumbent Superintendent of Schools and his predecessor, along with five of Mrs. Saunders' previous direct supervisors, testified as to her qualifications. This testimony established that she is a competent teacher and has the necessary leadership ability to serve as a school principal. Her teacher evaluations have, without exception, been satisfactory or above in all areas.
Petitioner's supervisor in 1972, Mrs. Flynn Jones, considered her rude and difficult to work with. Mrs. Saunders and Mrs. Jones had been on good terms until Mrs. Jones was appointed interim principal. Saunders, who apparently resented Jones' appointment, thereafter withdrew from her and responded only to formal instructions.
Mr. Posie Vaughn has filled the Prosperity Elementary School teacher- principal position since 1978. He and Petitioner were competing applicants for the current school term principalship. Superintendent of Schools Collins, who took office in January, 1981, did not recommend Vaughn, but selected Saunders instead. After the School Board rejected Saunders, and Collins refused to nominate Vaughn, the School Board reappointed him.
Mr. Vaughn has experienced the same personal hostility and lack of willing support which Mrs. Jones encountered. Mrs. Saunders, who resented Mr. Vaughn's appointment over her, once contacted the Superintendent of Schools to complain of teacher ratings (other than her own). On another occasion she criticized Vaughn's friendship with the piano teacher to School Board members.
Mr. Vaughn testified to his belief that Mrs. Saunders is a troublemaker and not qualified to be principal. However, the ratings he filed on Saunders do not reflect these negative opinions. Further, Vaughn conceded that Saunders is a competent teacher and possesses the ability to lead.
Mr. Dan Padgett, principal at Prosperity Elementary School from 1973 to 1976, found Mrs. Saunders to be a capable teacher and a courteous, cooperative employee. This favorable testimony was supported by several co-workers and parents of her pupils.
Mrs. Margaret Woodall testified to her dissatisfaction with Mrs. Saunders' treatment of her child. However, her complaint as to Mrs. Saunders' disciplining methods received proper attention and Saunders made the requested change in her approach to the Woodall child.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this proceeding pursuant to Section 120.57(1),
F.S. (1979). Petitioner has standing to bring this action, having acquired a property right as a result of the Superintendent's nomination. 1/
Section 230.23, F.S. (Supp.1980) establishes the powers and duties of the School Board. Subsection 230.23(5) authorizes the Respondent to "prescribe qualifications" for positions and to reject nominations of the Superintendent for "good cause". Thus, Petitioner must meet, in addition to qualifications prescribed by law, those which are properly established by the School Board.
Sections 231.02 and 231.03, F.S. (1979) considered together provide four qualifications for a person seeking employment as the principal of a public school: (1) the applicant must be of good moral character; (2) must hold an appropriate teaching certificate; (3) must have had at least two years experience if the school has three or more teachers; and (4) must be at least 23 years of age. The evidence in this case established that the Petitioner Saunders meets these requirements of law.
Holmes County School Board Policy, Section 6GX-30-2.31 provides in pertinent part:
Qualifications
Candidates for principalships shall possess the minimum state requirements provided under State Board Regulations and must possess a Rank II or higher certificate covering administration and supervision at the level for which application is being made.
F.S. 230.23(5); 230.33(7)(c)
Selection and Appointment Procedures
The School Board shall appoint principals upon the recommendation of the Superintendent.
F.S. 230.33(7)(c); 230.23(5)
2.3121 Contractual Provisions
Principals shall be issued written contracts in accordance with Florida law.
F.S. 231.36(1)
Petitioner meets the above qualifications which were prescribed by Respondent and which are in full accord with the Florida Statutes cited.
A document captioned "Holmes County School Board Job Description" (Exhibit 7) purports to establish the following further qualifications:
Principals shall meet such requirements as set forth by the Florida Statutes and County Policies.
Principals shall be courteous, diplomatic, and cooperative.
Principals shall have leadership qualities.
Principals must be positive but not autocratic in solving problems. They must be good listeners.
Respondent's rejection of Petitioner's nomination is based essentially on her alleged failure to meet job description qualification number two. In an analogous case, the Second District Court of Appeal rejected the School Board's use of subjective standards such as suitability to the community and an acceptable personality, stating:
"The responsibility of a school board has always been to appoint personnel recommended and nominated by the superintendent, not to select them. . .Unless good cause is shown, that is failure of appellant [the rejected nominee] to meet the criteria of Chapter 231, Fla. Stat., it is incumbent on the board to appoint and contract with the nominee. . ." 2/
Arguably, a nominee could be discourteous and uncooperative to the extent of being unable to function as a principal. However, Petitioner's deficiencies are not of this magnitude and the evidence does not indicate such disability. Rather, her shortcomings are personality traits which, under the above appellate decision, may not properly be considered by the School Board.
Petitioner contends that the qualifications added by the job description are statements of general applicability which must be adopted in accordance with rule promulgation procedures set forth in Sections 120.52(14) and 120.54, F.S. (1979). 3/ Here, there was no showing that this job description had been adopted as a rule or otherwise by School Board action, or even who prepared it. Thus, it cannot he held to contain qualifications prescribed by the School Board within the meaning of Subsection 230.23(5), F.S. (Supp. 1980).
Respondent contends that apart from the Job Description, cooperation is a qualification established by law, citing Subsection 231.09(6), F.S. (1979). This provision requires a teacher to cooperate "with the state, district and local school officials in the enforcement of school laws and of state and district board regulations." There was no evidence to indicate that Petitioner has ever withheld her cooperation in this respect.
The parties submitted proposed findings of fact and conclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they have been rejected as irrelevant or not consistent with the evidence.
RECOMMENDED that the School Board of Holmes County accept the recommendation of the Superintendent of Schools to place Juanita Saunders in the position of teacher-principal, Prosperity Elementary School.
DONE AND ENTERED this 6th day of October, 1981, in Tallahassee, Leon County, Florida.
R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building
Filed with the Clerk of the Division of Administrative Hearings this 6th day of October, 1981.
1/ Von Stevens v. School Board of Sarasota County, 338 So.2d 890, 892 (Fla. 2nd DCA 1976).
2/ Id. at 894
3/ See State Department of Administration v. Harvey, 356 So.2d 323 (Fla. 1st DCA 1978).
Bonnie K. Roberts, Esquire Post Office Box 667 Bonifay, Florida 32425
Philip J. Padovano, Esquire Post Office Box 873 Tallahassee, Florida 32302
