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Boone v. Atlanta Independent School System8/1/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
These related appeals regard the Atlanta Independent School System's non-renewal of Walter L. Boone, Jr.'s 2001-2002 contract as a tenured music teacher. Following the superior court's determination that the School System was required to honor Boone's contract through the 2002-2003 academic year for failure to provide him with a timely written explanation of his non-renewal, Boone, in Case No. A05A1095, contends that the superior court erred by: (1) holding that Boone's contract did not extend beyond the 2002-2003 school year; (2) awarding Boone insufficient damages for his wrongful termination; and (3) awarding insufficient attorney fees pursuant to OCGA § 13-6-11. In Case No. A05A1320, the School System cross-appeals, contending that the superior court erred by awarding any attorney fees to Boone. For the reasons set forth below, we affirm in both cases.
The facts in these cross-appeals are largely undisputed. The record shows that, during the 2001-2002 school year, Boone was employed by the School System as a tenured music teacher. In March 2002, Boone was issued a letter from the School System Superintendent informing him that his contract would not be renewed for the following year. The reasons for the non-renewal of his contract were not included in the letter.
Shortly after receiving the letter, Boone timely requested a written explanation of the reasons for his non-renewal from the School System and further requested a hearing on the matter pursuant to OCGA § 20-2-942 (b) (2). This Code provision requires that, within 14 days of such a request from a non-renewed tenured teacher, "the local [school] board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940." This latter provision states, in turn:
Before the discharge or suspension of a teacher, principal, or other employee having a contract of employment for a definite term, written notice of the charges shall be given at least ten days before the date set for hearing and shall state: (1) The cause or causes for his discharge, suspension, or demotion in sufficient detail to enable him fairly to show any error that may exist therein; (2) The names of the known witnesses and a concise summary of the evidence to be used against him. The names of new witnesses shall be given as soon as practicable; (3) The time and place where the hearing thereon will be held; and (4) That the charged teacher or other person, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other papers as provided by law.
OCGA § 20-2-940 (b). It is undisputed that Boone was not provided with this written notice within 14 days of his request.
In May 2002, Boone contended that, as a result of the School System's failure to respond to his request within 14 days, his contract was automatically renewed and that he was entitled to be reinstated in accordance with the State of Georgia Board of Education's decision in Peddle v. Cobb County Bd. of Ed. The School System countered that the non-renewal of Boone's contract was valid because, due to earlier meetings with school officials in which his attendance record had been criticized, Boone had been placed on at least constructive notice that he was being non-renewed based on his chronic poor attendance.
The substance of Boone's case was first considered by the School System Board of Education. In December 2002, the School System Board held that Boone's non-renewal was valid because he had been placed on constructive notice of the reason for his non-renewal and t
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