Opinion

Mobile County Board of School Commissioners v. Long

  • 46 So. 3d 6
  • 2010 Ala. Civ. App. LEXIS 66
  • 2010 WL 876717
Court
Court of Civil Appeals of Alabama
Filed
Mar 12, 2010
Status
Published
Author
Moore
On the bench
Bryan, Thompson, Pittman, Thomas, Moore
Cited by
6 cases

“The hearing officer was authorized to determine whether the Board proved the asserted ground for the dismissal — a justifiable decrease in jobs in the school system. See former § 36-26-102 and -104(a).”

How later courts described this case

  • “The hearing officer was authorized to determine whether the Board proved the asserted ground for the dismissal — a justifiable decrease in jobs in the school system. See former § 36-26-102 and -104(a).”
  • board terminated employment of programmer through RIF necessitated by financial crisis

Written by the judges who cited it.

The opinion

MOORE, Judge,

dissenting.

I respectfully dissent from the main opinion because I cannot agree that the hearing officer acted arbitrarily and capriciously in determining that Barry Long is qualified to hold the position of programmer/analyst. Based on the testimony from both Long and Connie Rozier that Long could perform the work of a programmer/analyst with training, the hearing officer could have determined that Long had the aptitude 5 in accounting listed as a qualification for that position. Because the evidence was sufficient to support a finding that Long was qualified for the position of programmer/analyst, the hearing officer correctly concluded that the Mobile County Board of School Commissioners failed to comply with the reduetion-in-force policy by terminating Long’s employment.

Based on our standard of review, I conclude that we are bound to affirm the hearing officer’s decision. Because the majority of the court disagrees, I respectfully dissent.

. Definitions for "aptitude” include "capacity for learning” and "general suitability.” See Merriam-Webster’s Collegiate Dictionary 62 (llthed.2003).

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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