Opinion

Monahan v. BOARD OF TRUSTEES OF ELEMENTARY SCHOOL DIST. NO. 9, FREMONT COUNTY

  • 486 P.2d 235
  • 1971 Wyo. LEXIS 226
Court
Wyoming Supreme Court
Filed
Jul 2, 1971
Status
Published
Author
Parker
On the bench
McIntyre, Parker, McEwan, Gray
Cited by
39 cases

The opinion

PARKER, Justice

(dissenting in part).

Although it is true that this court has frequently called attention to the statutory requirement for adopting rules of practice and has criticized various agencies’ noncompliance with such legislation, the attorney for the school board in the instant case supplied to appellant the essential data so that he was able to prepare for the hearing. Moreover, appellant’s counsel, as far as I can glean from the record, at no time prior to the hearing asked for additional information as to procedure, and it was clear he was well versed in administrative matters. Under these circumstances, I do not think a reversal is warranted on the ground of noncompliance with § 9-276.20, W.S. 1957 (1969 Cum.Supp.). However, considering that (1) the presiding officer at the hearing acted as chief interrogator and (2) while the charges against appellant were diverse the board’s decision in essence was rendered because of one isolated instance of what could be termed insubordination, I am not averse to the remanding of the cause. Even so, the nebulous instructions as to future disposition will I fear proliferate the controversy rather than resolve it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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