Summary 2014 WY 7

Summary of Decision January 16, 2014

Justice Hill delivered the opinion of the Court. Affirmed.

Case Name: DARRYL WADSWORTH v. BOARD OF TRUSTEES OF LINCOLN COUNTY SCHOOL DISTRICT NUMBER TWO

Docket Number: S-13 0029

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Lincoln County the Honorable Dennis L. Sanderson, Judge

Representing Appellant: Erin M. Kendall and Patrick E. Hacker of Hacker, Hacker & Kendall, P.C., Cheyenne, WY. Argument by Mr. Hacker.

Representing Appellee: Dennis W. Lancaster of Lancaster Law Offices, P.C., Afton, WY.

Date of Decision: January 16, 2014

Facts: Lincoln County School District Number Two (the District) notified Darryl Wadsworth, a continuing contract teacher in the District, that his contract was to be terminated on grounds of insubordination, incompetence, and poor work performance. Wadsworth requested a hearing before an independent hearing officer, and following that hearing, the Board of Trustees of Lincoln County School District (the Board) issued an order accepting the hearing officer’s recommendation and conclusion that good cause existed for the termination of Wadsworth’s teaching contract. On appeal, Wadsworth contends that the Board’s order was entered in violation of the Wyoming Administrative Procedure Act (APA) and Wadsworth’s due process rights because some members of the Board did not attend the entire hearing or otherwise review all of the evidence submitted to the hearing officer.

Issues: 1) Does it violate the Wyoming Administrative Procedure Act (APA) for the Lincoln County School District Number 2 Board of Trustees to fail to review all the evidence before making its decision in the termination hearing of Darryl Wadsworth? 2) Does it violate due process for the Lincoln County School District Number 2 Board of Trustees to fail to review all the evidence before making its decision in the termination hearing of Darryl Wadsworth? 3) Is the decision of the Board invalid because members of the board failed to review the complete record of the hearing, as required by Wyo. Stat. § 16-3-107(k)? 4) Did the district court err in concluding that violations of due process and the APA were not prejudicial to [Wadsworth]?

Holdings/Conclusion: The Board did not violate the Wyoming APA or Wadsworth’s due process rights by accepting the hearing officer’s recommended decision without independently reviewing the entire evidentiary record received by the hearing officer. Affirmed.


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