Board of School Commissioners v. Thomas
130 So. 3d 199
Ala. Civ. App.2013Background
- May 6, 2008, Nichols notified Thomas that the Board would nonrenew her contract for 2008-2009.
- September 29, 2008, Thomas asserted she had tenure and demanded relief and reinstatement.
- October 14, 2008, Thomas filed a contest with the ALJ alleging dismissal in violation of the ATTA.
- ALJ issued July 8, 2011 final order that Thomas attained tenure and required a hearing.
- August 5, 2011, Board sought certiorari; Thomas counterclaimed for relief against the Board and individuals.
- Trial court dismissed counterclaim and denied certiorari; Board and Thomas cross-appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thomas had continuing-service status entitling a hearing | Thomas argues she attained tenure after prior employment history. | Board treated Thomas as nontenured and challenged the tenure status. | Court lacked jurisdiction to decide tenure; issue must be brought in circuit court. |
| Whether ALJ had jurisdiction to decide tenure status | ALJ could decide tenure disputes when properly invoked. | ATTA provides no administrative remedy for nontenured tenure disputes; ALJ lacked authority. | ALJ lacked jurisdiction over tenure-status question; void order if based on that issue. |
| Whether the trial court had subject-matter jurisdiction to review the ALJ order | Board sought review of ALJ merits under certiorari. | Trial court could review within certiorari framework. | Trial court lacked subject-matter jurisdiction; certiorari review of a void order is improper. |
Key Cases Cited
- Boyd v. Alabama State Tenure Commission, 406 So.2d 488 (Ala.Civ.App.1981) (tenure issue cannot be decided administratively; must be in circuit court)
- Berry v. Pike County Board of Education, 448 So.2d 315 (Ala.1984) (tenure status litigated in circuit court; no administrative remedy for nontenured)
- Alabama Association of School Boards v. Walker, 492 So.2d 1013 (Ala.1986) (clarified Berry applies when tenure status is the primary issue)
- Ex parte Warwick Development Co., 681 So.2d 569 (Ala.1996) (superior court lacking jurisdiction if record shows void administrative action)
- Ex parte R.B.Z., 725 So.2d 257 (Ala.1997) (if void order reviewed, reversal treated as nullity; jurisdiction issues control)
- Riley v. Hughes, 17 So.3d 643 (Ala.2009) (subject-matter jurisdiction cannot be waived; must be addressed)
- Bernals, Inc. v. Kessler-Greystone, LLC, 70 So.3d 315 (Ala.2011) (void judgment cannot support appeal)
- Blevins v. Hillwood Office Ctr. Owners’ Ass’n, 51 So.3d 317 (Ala.2010) (standing defects affect jurisdiction and dismissal)
- Vann v. Cook, 989 So.2d 556 (Ala.Civ.App.2008) (void judgments cannot sustain appeals)