The Mobile County Board of School Commissioners voted to terminate the plaintiff under the Alabama Fair Dismissal Act (Code of Alabama § 36-26-100 and following). The plaintiff contested this action and a hearing officer was selected to hear the case, as provided by §§ 36-26-103 and 104. A teacher cannot be terminated until the hearing officer has issued a decision.
On May 15, 2009, the hearing officer issued an opinion overruling the board's decision. The board appealed the decision to the Alabama Court of Civil Appeals, which reversed the hearing officer and remanded the case to the hearing officer. On remand to the hearing officer, the board and the plaintiff disagreed about whether the hearing officer should conduct another evidentiary hearing. The hearing officer ruled that there would be an evidentiary hearing. As a result, the board petitioned the Alabama Court of Civil Appeals to order the hearing officer to decide in its favor without having an evidentiary hearing. The appeals court granted that petition. On August 20, 2010, the board terminated the plaintiff.
The plaintiff then appealed to the Alabama Supreme Court, which denied his appeal on October 8, 2010. On November 16, the hearing officer issued an order affirming the termination, but determining that the plaintiff had been prematurely terminated and should be paid for the period from August 20 to October 8, 2010. The board appealed the finding about premature termination and back pay to the Alabama Court of Civil Appeals. Finding that the hearing officer did not have the authority to order back pay, the appeals court ordered that no back pay be awarded. See Ex parte Mobile County Board of School Commissioners, decided April 1, 2011.
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