Bowden v. Lawrence County Sch. Dist.
| Docket Number: | 2005-CA-01462-COA Linked Case(s): 2005-CA-01462-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: Griffis, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Non-renewal of employment - Arbitrary and capricious decision Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 07-07-2005 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: CHANCELLOR UPHELD SCHOOL BOARD NON-RENEWAL OF EMPLOYEE CONTRACT. Case Number: 2000-0205 |
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| Consolidated: Consolidated with 2004-CC-00556-SCT Lawrence County School District v. Peggy Bowden; Lawrence Chancery Court; LC Case #: 2000-0205; Ruling Date: 01/21/2004; Ruling Judge: J. Larry Buffington | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Peggy Bowden |
CHESTER D. NICHOLSON
GAIL D. NICHOLSON |
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| Appellee: | Lawrence County School District | JANET MCMURTRAY JAMES A. KEITH |
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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: | Non-renewal of employment - Arbitrary and capricious decision |
| Summary of the Facts: | Peggy Bowden requested a hearing before the Lawrence County School Board when it approved the superintendent’s decision not to renew her employment as the guidance counselor for both New Hebron Attendance Center and Monticello Junior High School. The Board upheld the decision. Bowden appealed to chancery court which affirmed the Board’s decision. Bowden appeals. |
| Summary of Opinion Analysis: | Bowden argues the Board’s decision was arbitrary and capricious because it had no basis in fact. If the reasons for non-renewal are a sham or are a retaliation for the employee’s constitutionally protected activity, the Board acts arbitrarily and capriciously. The reasons given for the non-renewal of Bowden’s contract were failure to maintain the student records, failure to cooperate with staff, processing changes without approval of the principal, not availing self for emergency counseling situations, and making parents wait to enroll students. On the whole, the evidence indicated that Bowden had difficulties in dealing with staff and trouble obtaining and releasing student records. She made changes in student schedules without approval. She also exhibited a reluctance to handle emergency situations involving the students’ physical and mental well being. Thus, there was substantial evidence to support the Board’s decision not to renew Bowden’s contract. |
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