407 So. 2d 133 | Ala. Civ. App. | 1981
This is a teacher tenure case.
In 1976 Gloria Key was employed by the Henry County Board of Education as a kindergarten teacher. In May 1980 she was notified that her contract was to be terminated at the end of the school year. The reason given for the contract cancellation was Key's failure to achieve parity with her peers in the area of verbal and writing skills. On June 17, 1980 the Board held a hearing to consider the charges made against her. After the hearing Key was notified by the Board that her contract was cancelled on the ground of incompetence. Key appealed to the State Tenure Commission (hereafter Commission) by filing written notice as provided by §
Section
On July 1, 1980 the Board requested that the Commission grant a seven day extension beyond July 7, 1980 in which to file its copy of the record of Key's termination hearing. The reason given for the extension request was the fact that two appeals against the Board were pending at the same time. Key's attorney objected to the granting of an extension. It was not until July 9, 1980, two days after the Board's record should have been filed, that the Commission granted a seven day extension. On the same day the Commission also extended its deadline for conducting a hearing beyond the forty day period. The Board filed a partial copy of the record within the seven day period, but failed to submit a copy of its decision and findings until July 18, 1980, claiming the omission was inadvertent. The Commission affirmed the Board's decision while denying Key's timely motion to strike the Board's record.
On October 1, 1980 Key petitioned the Circuit Court of Henry County for a writ of mandamus directing the Commission to set aside its decision. Key contended that the extension of time granted by the Commission violated the express requirements of §
The major issue to be decided is whether the Commission had the authority to extend the time periods contained in §
In this case, as in all cases of statutory interpretation, we must consider the intent of the legislature in enacting the statute. Morgan County Board of Education v. Alabama PublicSchool College Authority,
It has been held that where a provision relates only to form or manner, it is directory. Mobile County Republican ExecutiveCommittee v. Mandeville,
The purpose of the time periods listed in the act is to insure a speedy disposition of teacher tenure cases. WashingtonCounty Board of Education v. Alabama State Tenure Commission,
Appellant relies heavily on Washington County Board ofEducation, supra. That case, however, is clearly distinguishable from the present case because in that case the Washington County Board of Education failed to request an extension of time until after the statutory period had run. In the present case the Board made a timely request for an extension, even though the Commission failed to rule on the request until after the time period had run.
Another purpose of the act is to insure the teacher a full and fair hearing. Due process dictates that the teacher have a full hearing. In Wright v. Board of School Commissioners ofMobile County,
The purpose of the Tenure Act is clearly to afford the teacher every opportunity to have a complete hearing, and obviously the statute is meant to protect the teacher. However, we feel that in certain circumstances the Commission should be allowed to grant reasonable extensions of time to not only a board of education but also to the teacher.
In the case at bar this court finds that such exigent circumstances were *136 present so as to justify the Commission granting an extension. The Board made the request for an extension in a timely manner. Further, the delay in filing some of the papers due to an inadvertent error surely was not sufficient to prejudice Key's rights. Finally, the Commission can extend the time for the hearing for a reasonable period where necessary to insure a full and adequate hearing. The teacher has not shown that these extensions in any way prejudiced her rights. There is also no showing that the hearing was unfair. In these cases then it is clear that the legislature did not intend to unduly burden the Commission, but wanted only to insure a speedy hearing. As long as there is not an undue delay in the hearing, the Commission has authority to grant reasonable extensions of time to either party. We therefore conclude that the Commission properly exercised its authority in this case. As a result the judgment of the circuit court is affirmed.
AFFIRMED.
WRIGHT, P.J., and HOLMES, J., concur.