The Arkansas Supreme Court on Thursday upheld a lower court’s ruling dismissing lawsuits against the Department of Education for terminating union-negotiated contracts at the Pulaski County Special School District.
The state is protected by sovereign immunity, and Pulaski County Circuit Judge Mary McGowan was correct in dismissing the lawsuits against the department because there was no evidence that its actions were illegal, unconstitutional or outside its authority, Justice Paul Danielson wrote for a unanimous court.
The appellants who challenged McGowan’s rulings were representatives of the Pulaski Association of Class-room Teachers and Pulaski Association of Support Staff, a class of certified teachers and a class of classified employees with “bargaining unit eligible positions.”
“For purposes of a motion to dismiss, we treat only the facts alleged in a complaint as true, but not a party’s theories, speculation, or statutory interpretation. Taking only the facts alleged in the Appellants’ complaints as true and viewing them in the light most favorable to the Appellants, we cannot say that the Appellants’ complaints stated facts sufficient to show that the actions taken by the [Education Department] were in excess of its authority … or in bad faith,” Danielson wrote.
In December 2010, the district signed an agreement recognizing the Pulaski Association of Classroom Teachers and the Pulaski Association of Support Staff as the groups representing a majority of employees for negotiating personnel policies, according to court filings.
In May 2011, the state declared the district in fiscal distress, dissolved the School Board and replaced the superintendent with acting Superintendent Jerry Guess.
After it was determined that the district would have to cut costs by altering the employee contracts, the district attempted negotiations with the unions, which resulted in a standstill.
In April 2012, Arkansas Education Commissioner Tom Kimbrell issued a directive to Guess to withdraw recognition of the unions and to terminate the union-negotiated contracts. The unions filed lawsuits against the department and Kimbrell the next month.
In McGowan’s ruling dismissing the cases, dated Nov. 27, 2012, the judge wrote that the actions taken against the teachers union were legal, even if they were unjust.
“It is unfortunate and unfair that the teachers and support staff did not have the responsibility for making the decisions that led to the fiscal distress, but will suffer because of those decisions. However, in this case, there is no evidence of any illegal, unconstitutional, ultra vires, in bad faith, or arbitrary action on behalf of the state,” McGowan wrote.
Danielson agreed that the state’s actions were legal and wrote that Arkansas Code Annotated 6-20-1909(a)(6) “demonstrates just how broad [the Education Department’s] authority is when dealing with fiscally distressed districts, wherein the General Assembly saw fit to allow [the department] to ‘[t]ake any other action allowed by law that is deemed necessary to assist a school district in removing criteria of fiscal distress.’”
In an email to district employees after the ruling, Guess wrote that the district will continue to work with its personnel policy committees, which present nonbinding recommendations to the administration in employee matters.
“This victory doesn’t change anything. It simply affirms that PACT/PASS will continue to have no status or relationship with PCSSD,”Guess wrote.
Guess said in an interview that the court’s ruling “reaffirms” that Kimbrell and the Education Department have the authority to do what it takes to get a school district out of fiscal distress. He said there is a good relationship between the district and the personnel policy committees.
“I think [the court’s decision] allows us to continue on the course that we’re on,” Guess said.
In a statement released Thursday afternoon, Pamela Fitzgiven, president of Pulaski Association of Classroom Teachers and Emry Chesterfield, president of the Pulaski Association of Support Staff, said they were reviewing the ruling and taking time “to consider our options.”
“Even though the State has been deemed ‘immune’ from their part in the illegal termination of the negotiated contracts with the teachers and the support staff, the school district is still in the case and we will continue to pursue those claims,” the presidents said.
Clayton Blackstock, a Little Rock attorney who represented the unions in the appeal, did not return a phone message Thursday afternoon.
In May, the Arkansas Board of Education extended state control of the district for a third year after Kimbrell said he felt “very strongly” that it was not ready for release.
Under Act 600 of 2013, the state may keep control of a school district for up to five years. After that, the state must release it to local control or annex it with another district.
Earlier this month, the board approved several appointments to form a community advisory board for the district. The advisory board can hold personnel and student-discipline hearings, but otherwise has none of the authority of an elected school board.
Front Section, Pages 1 on 09/27/2013