Aberdeen Mun. Sch. Dist. v. Blaylock
| Docket Number: | 2002-CA-01402-COA Linked Case(s): 2002-CT-01402-SCT ; 2002-CT-01402-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2003 Opinion Author: Lee, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Employee termination - Procedural due process - Section 37-9-113(4) - Harmless error Judge(s) Concurring: McMILLIN, C.J., KING P.J., BRIDGES, THOMAS, IRVING, MYERS AND GRIFFIS, JJ. Non Participating Judge(s): CHANDLER, J. Concurs in Result Only: SOUTHWICK, P.J. Procedural History: Jury Trial Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 07-23-2002 Appealed from: MONROE COUNTY CHANCERY COURT Judge: Charles D. Thomas Disposition: CHANCELLOR REVERSED SCHOOL BOARD DECISION TO TERMINATE APPELLEE AND REINSTATED HIM WITH FULL PAY AND BENEFITS. Case Number: 2001-716 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Aberdeen Municipal School District |
JOHN KRISTOPHER WHITE
TACEY CLARK CLAYTON |
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| Appellee: | Sam Blaylock | H. J. DAVIDSON, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Employee termination - Procedural due process - Section 37-9-113(4) - Harmless error |
| Summary of the Facts: | Sam Blaylock was suspended from his teaching position with the Aberdeen Municipal School District as a result of the school district's investigation into grade tampering for two football players. The board voted to terminate Blaylock, and Blaylock requested a hearing. The hearing officer concluded that the evidence was sufficient to support the board's decision, and the board declined to reverse its previous decision to terminate Blaylock. Blaylock appealed to chancery court which reversed and ordered Blaylock's reinstatement with full pay and benefits. The school district appeals. |
| Summary of Opinion Analysis: | The school district argues that the chancellor erred in finding Blaylock was denied procedural due process. Blaylock does not allege he was not afforded a fair hearing, but argues that he was not afforded due process because the timing of his notice of receipt of the hearing did not comport with statute. The purpose for notice statutes is to apprize the aggrieved employee of his right to hearing and to allow him opportunity to prepare a defense. Blaylock testified and admitted to the wrongdoing, he admits that had he been given notice pursuant to statute that his defense would not have been any different, and the reversal and remand to order a proper hearing in comport with statute would have no different effect on Blaylock's preparation of his defense. Section 37-9-113(4) provides that the court will not grant relief if harmless error results in the board's failure to comply with procedural requirements. Although the board did fail to comply with statute, the case is reversed and rendered since no prejudicial effect has resulted from the board's deviation from statute. |
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