394 So. 2d 62 | Ala. Civ. App. | 1981
This is a teacher tenure case.
The Board of School Commissioners of Mobile County, Alabama (the Board) notified one of its tenured teachers of the proposed cancellation of his employment contract. The teacher notified the Board of his intention to contest the proposed cancellation and a hearing was held pursuant thereto according to law. The Board canceled the teacher's contract and he appealed to the Alabama State Tenure Commission (the Commission). The Commission, after receiving briefs and hearing oral argument, reversed the Board's action. On writ of mandamus, the Circuit Court of Mobile County found that the Commission's action reversing the Board was not in compliance with §
The dispositive issue is the propriety of the Commission's action in reversing the cancellation of the teacher's contract due to the Board's failure to meet the requirements of §
Section
The teacher shall have the right to appeal to the state tenure commission, as hereinafter established, to obtain a review by the commission as to whether . . . [the Board's] action was in compliance with this chapter and whether such action was arbitrarily unjust. . . . Upon notice of appeal, the board shall cause to be made sufficient copies of the record of proceedings to provide a copy for each of the members of the commission and one for the teacher. The record shall consist of all notices given to the teacher, all papers filed with the board by the teacher in compliance with the provisions of this chapter, transcript of testimony and other evidence and the findings and decisions of the board. The requisite number of copies of the record shall be delivered to the commission and to the teacher within 20 days from the day of the hearing. . . . (Emphasis ours.)
The hearing before the Board was held on December 10, 1979. The teacher appealed and, as required by §
The teacher filed a motion to strike the record on January 30 on the ground that the Board had failed to comply with the statute. The Commission granted the motion and reversed the cancellation by the Board for failure to so comply.
Section
It is well established that the judgment of the Commission is final and may be reversed by the circuit court on review by mandamus only if the Commission has failed to comply with the tenure law's procedural requirements or has rendered a judgment so contrary to he weight of the evidence as to be unjust.Sumter County Board of Education v. Alabama State TenureCommission,
REVERSED AND REMANDED.
BRADLEY and HOLMES, JJ., concur.