VETERAN EDUCATORS VINDICATED BY COURT RULING

According to the ruling issued by Judge Randall Cole on August 25, 2010, Guice, Principal of Cherokee Career and Technology Center and Keasler a teacher at Gaylesville High School were subject of the Public Discipline at a special called meeting of the Board after they testified at a Public Hearing on June 19, 2009 in opposition to the transfer of Paul Hyche from Assistant Principal at the Cherokee Career and Technology Center to Assistant Principal at Gaylesville High School.

In the Ruling the facts in the case showed the Superintendent Johnson believed that Guice and Keasler gave false testimony during the June 19 hearing and prepared the Reprimands for each, called a special meeting of the board for that purpose, and instructed his secretary to give notice of the meeting. She did but did not give reason for the meeting or attach an agenda.

When notified of the meeting on July 13 and asked to attend, Guice and Keasler asked the reason for the meeting, Superintendent Johnson informed them the Board wanted to talk with them. Both Guice and Keasler called members of the Board asking the purpose of the meeting for which they were asked to attend, the chairperson declined to tell them and other board members said they did not know or were not at liberty to say.

On the day of the meeting just before noon, after further inquiry by Keasler, the Superintendent did tell him that discipline probably would be involved. Then Johnson advised Guice the meeting would address discipline of him and Keasler.

According to the order, when the Board chairperson arrived for the meeting, Johnson gave her the reprimands he had signed, along with copies of two witness statements he offered as evidence that the two had testified falsely.

The chairperson presented the materials to the Board members as they arrived, suggested they read the materials and sign the reprimands if they saw fit and each member did so.

When the Board meeting was officially convened, the chairperson read aloud the reprimands in the presence of Guice and Keasler, others in attendance and members of the news media. The reprimands accused each of giving a false statement during a hearing while under oath.

During the Boards public meeting, there was never a motion or formal recommendation to reprimand Guice and Keasler, never any opportunity for debate or discussion and never any vote on the matter.

In the ruling, the order stated the Board violated the Open Meetings Act by taking action on the matter prior to the Public Meeting. The order further stated, this was an act of the Board exercising its discretion to publicly discipline employees. It should have been conducted in compliance with the Boards most stringent procedural safeguards.

In remedy, considering the evidence as a whole, the court finds the violation recited in the order were not the result of mistake,, inadvertence, or excusable neglect, it is adjudged that the action of the Board in reprimanding Guice and Keasler is invalidated and reprimands are voided. The ruling also ordered the reprimands be removed from their employment file.

In the seeking of monetary damages, the court ruled the Board has constitutional immunity and therefore no relief or recovery was granted Guice and Keasler.

In response to the order, Superintendent Johnson issued the following statement to WEIS Radio News:

`In the lawsuit, Mr.Guice and Mr.Keasler sought to set aside reprimands un the the Open Meetings Law, and also asked for money damages, claiming that the superintendent and the board breached their employment contracts, retaliated against them for testimony and defamed them`.

`In fact, Mr.Guice and Mr.Keasler tried very hard to get the court to impose damages out of the individual pockets of the superintendent and board members under these claims of breach of contract, retaliation and defamation`.

`Fortunately, although the court set aside the reprimands, it also dismissed the claoms of Mr.Guice and Mr.Keasler for damages. In fact, the court said `there is no genuine issue of material fact to support such claims` and further said `the plantiffs (meaning Guice and Keasler) shall have no relief or recovery on such claims`.

` I am pleased with Judge Randall Cole`s Summary Judgement Decision that he recently issued that removes the reprimand from my personnel file`. `I would like the people of Cherokee County to know that I never gave a false testimony as accused by the superintendent and I feel that Judge Cole`s decision is a step in the right direction of restoring me and my family`.

` I am pleased with Judge Cole`s decision. I told the truth when I testified at Paul Hyche`s transfer hearing, but the board decided to reprimand me`. ` The Board of Education is always required to act in a legal proper manner`. `However this is not what happened`. `Judge Cole ruled that Supertindent of Education Brian Johnson and Board members Lynn Rochester, Dewandee Neyman, Delbra Adams, Lisa McKissick, and Don Stowe did not follow the law and the reprimand must be removed from my file`.