NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
2007 CA 1232
CHERYL HILL
VERSUS
LIVINGSTON PARISH SCHOOL BOARD
V
f1J
DATE OF JUDGMENT
February 20 2008
ON APPEAL FROM THE TWENTY FIRST JUDICIAL DISTRICT COURT
NUMBER ll2636
DIV
C
PARISH OF LIVINGSTON
STATE OF LOUISIANA
HONORABLE ROBERT H MORRISON III JUDGE
Counsel for Plaintiff Appellee
Scott D Wilson
Hill
Baton
Rouge Louisiana
Cheryl
Carey
T Jones
Counsel for Defendant
Denham
Springs
n
Disposition
Livingston
Louisiana
BEFORE
AFFIRMED
0
PARRO KUHN AND DOWNING JJ
CJ
Appellant
Parish School Board
KUHN 1
Defendant
appeals the district
court
plaintiff appellee Cheryl
For the
the
appellant
following reasons
s
Livingston Parish
reversal
on
Hill from her
we
School Board the School Board
judicial review of its decision
position
as a
to
remove
tenured school bus operator
affirm
FACTUAL AND PROCEDURAL BACKGROUND
At the commencement of the 2005 06 school year
Hill
tenured bus
a
operator employed by the School Board discussed the possibility of her driving
French Settlement
some
Elementary School
bus of driver Malinda Thornton
the large number of children
again
on
September
began their
routes
on
l5 2005
students
as
a
that she
be moved
was on a
to
Hill
were
s
or
some
their
topic
the
elementary school
for
driving
two
elementary school students
on
drivers
was
68
after Hurricane Katrina
bus in the afternoons
drop off destinations they would
Hill reminded Thornton
to
a
agreed Hill would drive
unable
to
safely deliver the
regroup with Thornton
keeping
her afternoon bus route
On the afternoon of
Principal
the school
rigid afternoon schedule because she had to drive her daughter
of the students
School
to
responsible
was
twelve
the additional students that afternoon and that if she
to
prior
population growth
special school in Denham Springs by 4 00 The
children
on
High School before the drivers
were run
eleven
riding
The two drivers discussed the
bus
65 passenger bus
result of
were
off destinations because of
drop
French Settlement
s
Thornton advised Hill that there
to
s
from that school which
Apparently
that needed
their afternoon
Thornton
at
At that time Thornton
routes
to
students who
September
Lance Hutson had
l5
2005
French Settlement
Elementary
already decided that Hill would
2
carry the
additional eleven
or
twelve students
plan of regrouping after
decision had
a
trial
run
already been made
about the route
He indicated that
by Hill was not
The
evening
open for discussion because the
before he had
spoken
with Thornton
by phone advising them that their children would be riding
different bus
When Hill arrived
would have
drive the additional eleven
not
s
change and the school secretary had already called the parents of the
involved students
to
Hill and Thorton
trying out
at
the
elementary school
or
Hutson told her that she
Hill stated that she did
twelve students
know whether she could take all of them
a
explaining concerns that the
additional
drop off time would require her to work past 4 00 and cause her to be late in tending
to
her
daughter
Thornton
s
schooling
needs in Denham
overcrowded bus
s
they really did
Hutson said that because of
Springs
not
have any other choice
Hutson believed that the additional student load would
five minutes
He
at most
make 6 additional stops
would
depart
drop offs
and
But the
narrow
required
the bus
roads and
the children
dangerous and that
children off
highway
on
in the
a
to
to
over one
two
stops
explained the
and
stops with
were
couple
cross
extra children would have
one
two
all located
on
half miles
children
a
of the additional stops
and three
the other side of the road
so
to turn
that
single child
l6 and 444 which
were
actually
Hill realized these stops
the road
required Hill to
stop where four children
exiting
Highways
be safe she would have
in
not
were
have
curvy
a curve
the bus around and
they would
are
and
potentially
drop those
to cross
the
curve
Since Hill continued
to
question
the decision
to
Hutson told her he would contact the School Board
Ronnie
impact Hill another
Vulgamore
Vulgamore
was
not
s
add the students
Director of
present in the office
3
at
the
to her
bus
Transportation
Department of
the
Transportation
with
spoke
when Hutson
Department
Margaret Russell the
Russell advised Hutson that his
Thornton
bus
s
to
Hill
s
was
plan
fine
of the number of students
count
route
on
to
eleven
move
the situation
explaining
or
requested
twelve students from
that Hutson take
warranted for that
area
a
head
following
to
According
to
each bus that afternoon and the
was
Hutson
Consequently
After
analyst
Russell
determine whether another school bus
Vulgamore Russell advised
phoned
him that she had told Hutson that this would be
a
temporary issue
Hutson returned to Hill and asked her
principal
he had
at
the
elementary school
been able
not
Hill stated
that
to
she
to
l5th
going to put
did
Im not
was not
those kids
going
then stated
I
to
not
on
what
nature
passed along
to
Hill
your bus and you
and he
Im
Russell
said
of the modification
re
going
to
quit
responded by asking
to
Hutson that since Hill had
to
Department s
the bus
take them home
According
route
on
we re
Hill said
to Hutson
Hill for her written
Hill
resignation
the School Board herself
Department office and advised of the situation
phone call and told
The
Instead Hutson told Hill
to
going
Hill advised him that she would deliver it
called the
assisting
step into his office where he advised Hill that
care
take those kids
quit
an
speak with Vulgamore but that he had spoken with Russell
characterization of the temporary
September
along with Sharon Morel
1
Hutson
Vulgamore returned the
verbally quit she could not drive her
route that afternoon
lAccording to
responded
Hill
Ill
s
testimony
after Hutson told her
quit before I ll take those
kids
4
you
re
going
to take
the students
she
Hill
was
with other drivers
drive the afternoon
come
and
inside
was
so
simply did not want her acquiescence
change
apparently waiting
to
to
leave and asked the other drivers
to
speak to them According to
to drive the eleven
willing
school
elementary
Hutson told Hill
route
he could
the
at
twelve additional students that
or
to
Hill she did not intend
be considered
as
her
consent to a
to
she
day
permanent
2
Hutson testified that he notified all the parents and put the children
different bus
The eleven
controversy were placed
That afternoon
the
Hill
forth their
to
was
Assistant
with
events
willful
On
statements
that had
or
19 2005
The
Hill
options
September
available
explained
the
submit her
resignation She
s
once
students
was
uncontroverted testimony
were
placed
on a
at
a
the heart of this
to
to
not
that
on a
l5th
setting
forth in
Spear advised her that
at
a
personnel
to
resign with
conference
and John Watson the
was
a
previous
to
along
supervisor
discussed
specifically advising
and
of
Pope
her that she could
refute the
occasion Russell had
statements
explained
they were the permanent responsibility ofthe bus
5
were
Spear told
statements set
opportunity
2005 incident
Hill
meeting
Hutson and Morel
given another opportunity
was
bus
l5
an
a
Hutson
Spear and
September
on
at
sign it
present
was
her presence
denied any of the
and offered Hill
letter Hill declined
September
2Hill
by
When Hill indicated that she did
neglect of duty
resources
written
transpired
Superintendent Randy Pope Vulgamore
human
Bill
Superintendent
let him know whether she refuted
accounts
were
Vulgamore phoned Hill requesting
of the
prepared resignation
with
twelve children that
or
on
several other buses
presented
accounts
the written
was
on
following morning
present
Hill
quit
to her
driver
set
forth in the written
Hill
s
are a
personnel
of
account
from the
to
a
the conference and
an
superintendent
dated
Pope presented it
previous
years
September
transpired
Vulgamore
2l
2005
September
on
and
or
transportation
opportunity
stated that he
to
was
to
to
Hill
But the file
l5th
brought
T here
stating
was
not
reviewed
advised that
cannot
accommodate her
refuse
a
schedule
In his
resign which she declined
notifying the
had
3
Pope reiterated Hutson
meeting she had been informed that she
principal
given
letter
that had
events
l6th
September
to
to
number of issues in here from
Pursuant
been
file
of Hutson and Morel
accounts
at
s
the
directive
and had
letter
the
School Board of his recommendation
terminate Hill
A
hearing
presentation
was
of testimonial and
that the
September l5
from her
position as
Hill
subsequently held
a
petitioned
on
October 20
2005
where after the
documentary evidence the School Board concluded
2005 incident constituted willful
neglect and removed Hill
tenured school bus operator
the district
court
for
a
review of the School Board
The district court reversed the School Board and reinstated Hill
tenured school bus operator The School Board has
to
her
s
action
position
as a
suspensively appealed
DISCUSSION
La
providing
RS
l7 493
governs
the removal of tenured school bus operators
in relevant part
permanent school bus operator shall not be removed from
his position except upon written and signed charges of willful neglect
A A
incompetence or immorality or drunkenness while on duty
physical disability to perform his duties or failure to keep his
of duty
or
or
was one
arising from an August
only other incident mentioned at the personnel conference
15th charge that the
12 2005 charge levied against Hill simultaneously with the September
School Board determined was not willful neglect a decision which has not been appealed
3
The
6
transfer
equipment
condition
or
organization
injunction
after
of
in
safe
a
being
from
member of
a
movement
comfortable
operating
in the
prohibited by law or
then only if found guilty
hearing by the school board of the parish
school bus operator is employed
a
Judicial review of
the School Board
tenure
l090 l094
and
s
findings
4
Substantial evidence
weight that
conducting
school board
of
a
word
a
s
A conclusion is
a
should
Id
when there is
no
or
or
in
an
an
Although
this
case
involves the
Board
s
language
same as
of the statutes
action in this matter
Vermilion Parish School Bd
denied 00 3029 La 1 5 01
at l094
deference
are
the
to
largely
6 85l So 2d
at p
abuse of discretion
of the proper
judgment
manner
The
weight thereof
to
support it
or
Id
for that of the school
of the school bus operator s tenure law La R S
that under the teachers tenure law La R S 17 443
application
17 493 the standard ofreview is the
because the
85l So 2d
substantial evidence
The district court may not substitute its
quality
impartial judgment
arbitrary
the conclusion is contrary to substantiated competent evidence
4
85l So 2d
be reversed in the absence
Generally
capriciously
l7 493
evidence of such
give great
not
of whether
RS
Reasons for dismissal
disregard of evidence
capricious
La
6 27 03
See Wise 02 l525
judgment
conclusion reached
arbitrary implies
La
as
court must
showing of abuse of discretion
results from
inquiry
substantial evidence
Wise 02 l525 at pp 5 6
findings of fact and credibility
Thus the school board
clear
an
in exercise of
men
in the sound discretion of the school board
at l094
to
5
p
has been defined
its examination the district
s
city in which the
supported by
02 l525
reasonable and fair minded
might reach different conclusions
In
limited
are
were
Bossier Parish School Bd
v
or
complied with the statutory formalities under
and whether the School Board
See Wise
proceedings
to any group
that is
and
state
practical operating
contributing
or
corporation
or
and
are
virtually
identical
regarding
See Vermilion Parish Bus Drivers
00 57 p 3 La
778
2d 600
So
App
7
3d Cir
7 00
6
a
review of the School
Operators
Assoc
v
769 So 2d 600 603 writ
board
district
board
an
interfere with the school board
or
action
s
in such
responsibility
court s
a
court
of
appeal
finds the school board
formalities and
Id
evidence
may not
s
school
findings
not
were
intentional
the
as
1990
see
dismiss
a
writ denied
tenured
must
policy gained
employee
have
either
general knowledge concerning
a
to
with the district
as
district
a
specific
identifiable school
Based
court
unless it
comply with statutory
supported by substantial
some
disregard of
has
an
on
action
policy
our
substantial
identifiable school
or
00 57 p 3
La
00 3029
on
La
failure
15 0l
policy
BLACK
S
778 So 2d 600
the basis of willful
neglect
that her actions
knowledge
responsibilities
to act in
review of the record
to
or
App 3d Cir
were
through warnings from her supervisors
the
plain
also Vermilion Parish Bus Drivers
See Wise 02 l525
evidence
a
interest
establish
contravention of
at p
we
of
duty
contrary
or
from
and conduct of school bus
Thus school bus operators may be dismissed for willful
operators
present
s
conversely constituted
And
failed
Vermilion Parish School Rd
v
769 So 2d 600 603
properly
only for
or
the decision of
proceedings
The
determine whether the school
duty in the performance of which the public
the school bus operator
to
reverse
is defined
neglect
Operators Assoc
To
to
abuse of discretion
termination
LAW DICTIONARY l600 6th ed
7 00
6
is
case
faith exercise of discretion
02 l525 at pp 6 7 85l So 2d at l094 95
Willful
manifest
an
the school board
or
good
supported by substantial evidence
was
arbitrary decision and thus
court
a
s
7 85l So 2d
a
at
neglect of duty
direct order
l095
find the School Board failed
that
Hill
or
willfully neglected
to
an
None of the witnesses who testified for the School
8
Board demonstrated Hill
actions after she
of mind
state
s
to
I
Hutson Hill stated
Vulgamore then told him that Hill could
the conduct that constituted willful
and
Hill
transport
was
not
contradicted
on
to
this
do
But
so
point
to
Department and
when Hutson
to
Spear
requested
l5th that afternoon
according
Hill whose
to
she went outside and waited with the
to
ring She testified that she
transport the students and would have if Hutson had
evidence that she
afternoon
failure
to
It
was
intentionally disregarded her duty
Hutson
s
directive
transport the students
by the fact that Hill declined
not
to
sign
a
told her
the
Given the dearth of evidence
showing
a
l5th
or to
letter that
tender her
own
letter
correctly
a
court s
willful
determined that the School Board
substantial evidence
district
some
transport the students that
prepared resignation
September
as
to
showing of intent is underscored
her after
position
was
Hill to leave that resulted in her
ordering
This lack of
to
presented to
administrative officials
resignation
her
explained
In order for her actions to have been willful the record must contain
leave
court
was
September
on
other school bus operators for the afternoon bell
willing
or
According
drive the bus
not
additional students
some
he advised the
quit
neglect of duty
bring them home she refused
testimony
l5th
purportedly quit
According
that
September
on
and the School Board
tenured school bus operator
judgment reversing
appellee Cheryl
Hill
to
her
s
s
neglect
findings
action of
was
a
duty the district
were not
supported by
removing Hill from her
arbitrary and capricious
the School Board and
position as
of
The
reinstating plaintiff
permanent school bus operator with the
9
Livingston
595 50
Parish School Board is affirmed
are
assessed
against
defendant
Appeal
appellant
Board
AFFIRMED
10
the
costs
in the
Livingston
amount
of
Parish School