New Opinions: September 29, 2011
The Supreme Court issued two new decisions on teacher terminations and public records law.
Federal Way Sch. Dist. No. 210 v. Vinson, No. 84243-4. The Supreme Court ruled favor of a former teacher who sought to overturn the district’s decision to terminate him. David Vinson, a teacher at Federal Way High School, was accused of verbally harassing a student. The school district terminated Vinson, citing his behavior and the dishonesty during the course of the investigation. A hearing officer ruled in Vinson’s favor, and a superior court affirmed the decision, ordering the district to pay Vinson’s attorneys fees.
The Supreme Court, in an 8-1 vote (Justice Charles Wiggins writing the majority), held that Federal Way School District did not have the right to appeal an adverse decision from a hearing officer. K&L Gates notes that this decision breaks new ground.
Significantly, the Supreme Court overruled several decisions in various divisions of the Court of Appeals that had determined sufficient cause could exist to discharge a teacher who had engaged in behavior that lacked any positive educational aspect or legitimate professional purpose, without regard to whether the conduct was remediable or adversely affected the teacher’s performance.
The Supreme Court expressly reinstated the original Clark test, which held that sufficient cause for a teacher's discharge exists as a matter of law where the teacher's deficiency is not remediable and (1) materially and substantially affects the teacher's performance; or (2) lacks any positive educational aspect or legitimate professional purpose.
Justice James Johnson dissented: “Today, this court’s majority makes it more difficult to discharge teachers and certificated employees than the legislature intended, even where clear cause for discharge exists.”
Neighborhood Alliance of Spokane County v. County of Spokane, No. 84108-0. A nonprofit group, the Neighborhood Alliance of Spokane County, requested public records from Spokane County, suspecting illegal hiring practices in Spokane County’s Building and Planning Department. The trial judge granted summary judgment in favor of the county. On appeal, the Alliance argued that the County failed to conduct adequate searches for records responsive to both items, and that the trial court erred by limiting the scope of discovery. The case eventually reached the Supreme Court.
Justice Charles Johnson wrote the majority opinion in which the court held that discovery in a Public Records Act case is the same as in any other civil action and is therefore governed only by relevancy considerations. The court also adopted the standards for reasonableness regarding an adequate search from the federal Freedom of Information Act. Finally, the court held that harm to the requester occurs at the time the request is made and refused, and that a party may be entitled to recover costs and fees if the agency wrongfully fails to disclose documents in response to a request.
According to new reports, Spokane County’s violation of the public records law may cost more than $100,000 under the Supreme Court’s ruling.
