Jones v. City of Canton

278 So.3d 1129

Walter JONES

v.The CITY OF CANTON, Mississippi, Fred Esco, Jr., Individually and in His Official Capacity as Alderman, Les A. Penn, Individually and in His Official Capacity as Alderman, Daphne Johnson Sims, Individually and in Her Official Capacity as Alderwoman, Eric Gilkey, Individually and in His Official Capacity as Alderman, and Andrew Grant, Individually and in His Official Capacity as Alderman

NO. 2018-CC-00932-SCT

Supreme Court of Mississippi.

September 26, 2019

ATTORNEY FOR APPELLANT: JOHN W. CHRISTOPHER

ATTORNEYS FOR APPELLEES: PIETER TEEUWISSEN, KIMBERLY BANKS, JACKSON

BEFORE KING, P.J., MAXWELL AND GRIFFIS, JJ.

GRIFFIS, JUSTICE, FOR THE COURT:

¶1. Walter Jones appeals the order of the Circuit Court of Madison County affirming his removal as trustee of the Canton Public School District (CPSD) by the Board of Aldermen (the Board) of the City of Canton (the City). Jones argues that the Board lacked the authority to remove him as a public official. Finding that the Board's actions were prohibited by the Mississippi Constitution, we agree.

FACTS AND PROCEDURAL HISTORY

¶2. Jones served as a trustee of the CPSD, appointed by the Board under Mississippi Code Section 37-7-203 (Supp. 2017).¹ His last appointment to a five-year term occurred in February 2016.

¶3. On February 20, 2018, William Truly, mayor of the City of Canton, and the Board met at Canton City Hall for a duly called meeting of the governing authorities. Truly determined the Board had a quorum, with only one alderman not in attendance. During the meeting, the Board discussed concerns involving CPSD. The meeting's minutes reflect the following:

There came on for consideration before the Board the matter of a school board member appointment. Alderwoman Daphne Sims expressed concern that the City was supposed to be kept abreast by the School Board members of school issues, and no one has been before the City Board to keep them abreast of the issues of the District. The Mayor addressed whether it was legal for an employee of the School District who sits on the Board of Aldermen to vote on the issues of the School District. When requested, Attorney Banks advised the Board on the statutory conditions to remove a Board member, per the Attorney General Opinions on the matter. Alderwoman Sims made the motion to remove Walter Jones, whose term will expire in 2021, for cause for being unwilling to serve and unwilling to keep the City abreast of what is going on in the school system, and replace him with Timothy Scott. Alderman Penn seconded the motion.

A majority of the aldermen voted in favor of the motion to remove Jones, and the mayor declared that the motion was carried by majority vote.

¶4. While the minutes reflect no authority for removal, Section 2-55 of the City's Code of Ordinances states that the Board shall remove "[e]very officer or employee who shall refuse or willfully neglect to perform the duties imposed upon him by law, this Code or ordinance ... or for any satisfactory cause."

¶5. CPSD and Jones filed a bill of exceptions in the Madison County Circuit Court, challenging the decision of the Board to remove Jones as a trustee of CPSD. The circuit court affirmed the action of the Board.

¶6. Jones now appeals, raising the issues of whether the Board had the legal authority to remove a school-district trustee and whether the circuit court committed reversible error by affirming.

STANDARD OF REVIEW

¶7. "The bill of exceptions serves as the record on the appeal of a decision by a municipal authority." McAdams v. Perkins , 204 So. 3d 1257, 1261 (Miss. 2016) (citing Stewart v. City of Pascagoula , 206 So. 2d 325, 328 (Miss. 1968), superseded by rule as stated in City of Jackson v. Allen , 242 So. 3d 8 (Miss. 2018) ). "[D]ecisions by the governing authorities of a municipality are subject to limited review." Id. (citing McWaters v. City of Biloxi , 591 So. 2d 824, 827 (Miss. 1991) ). A decision will be overturned "only if the decision (1) was beyond its scope or power; (2) violated the constitutional or statutory rights of the aggrieved party; (3) was not supported by substantial evidence; or (4) was arbitrary or capricious." Id. (citing Baymeadows, LLC v. City of Ridgeland , 131 So. 3d 1156, 1159 (Miss. 2014) ).

ANALYSIS

¶8. The parties agree that no statutory authority exists to grant a board of aldermen the power to remove a school-board trustee from such position. The relevant inquiry is whether a board of aldermen requires such authority. The circuit court decided no; in the absence of direct constitutional or legislative direction, a local government may rely on Mississippi Code Section 21-17-5 (Supp. 2016), the Home Rule statute, which vests local government with broad authority. Because the Home Rule statute only permits action not inconsistent with relevant Mississippi law, we must decide whether the Board's action was inconsistent with applicable statutes or the Mississippi Constitution.

¶9. The Legislature provides "for the establishment, maintenance, and support of free public schools upon such conditions and limitations as the Legislature may prescribe." Miss. Const. art. 8, § 201. To carry out this constitutional mandate, the Legislature enacted the Mississippi Uniform School Law of 1986, which provides for the formation of local school districts with autonomous school boards. Miss. Code Ann. §§ 37-6-1 to -15 (Rev. 2013). Each school board consists of five members, selected in the manner provided by law. Miss. Code Ann. § 37-6-7 (Rev. 2013). The selection of trustees, along with their term and qualifications, is covered extensively in Section 37-7-203, including instructions about how to fill a vacancy on the school board. While the Legislature provides for the establishment of a school board and the appointment of trustees to the school board, it has remained silent about removing a trustee from the school board.

¶10. The Mississippi Constitution provides that "[a]ll public officers, for wilful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall be removed from office, and otherwise punished as may be prescribed by law." Miss. Const. art. 6, § 175. The Legislature gives similar instruction in the general removal statute, "Removals from Office," which requires the removal of "any public officer, state, district, county[,] or municipal" who is convicted of a felony or found to be of unsound mind. Mississippi Code Section 25-5-1 (Rev. 2018). Neither the Constitution nor the Legislature expressly limits removals to these particular circumstances.

¶11. Even so, the attorney general's office has repeatedly asserted the rule that, "[o]nce appointed, a trustee of a municipal separate school district serves for a term of five years and can only be removed pursuant to a specific statutory provision." Miss. Att'y Gen. Op., No. 2001-0239, 2001 WL 523513, Brahan , at *1 (Apr. 27, 2001). Regarding appointments to terms of office on a local board, "[t]he statute under which the appointment was made might have provision for removal for cause. Further, general statutes provide for removal of officers in the case of conviction of a crime or in cases where the public officer is found to be of unsound mind." Miss. Att'y Gen. Op., No. 2000-0041, 2000 WL 300228, Green , at *1 (Feb. 11, 2000). See also Miss. Att'y Gen. Op., No. 1999-0638, 1999 WL 1333436, Walters , at *1 (Dec. 3, 1999); Miss. Att'y Gen. Op., No. 93-0735, 1993 WL 425327, Raulston , at *1 (Sep. 30, 1993); Miss. Att'y Gen. Op., 1985 WL 193063, Finch , at *1 (Oct. 24, 1985).

¶12. This Court has relied on Section 175 of the Mississippi Constitution to apply the attorney general's rule to officers of other local boards, as in Mississippi State Board of Health v. Matthews , 113 Miss. 510, 74 So. 417 (1917). Matthews was removed as county health officer of Leflore county by the Mississippi State Board of Health. Id. He had previously been appointed to a statutory two-year term by the board of health. Id. Matthews contended that his removal violated Section 175 of the Mississippi Constitution, which provides that "[a]ll public officers, for willful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall be removed from office, or otherwise punished as may be prescribed by law." Miss. Const. art 6, § 175. On appeal, the Court found that Section 175 of the Mississippi Constitution "provides the exclusive method by which a public officer may be removed from office." Matthews , 74 So. at 418.

¶13. The Court also found that "[S]ection 175 of the Constitution of 1890 of the state provides the exclusive mode, where the removal is sought on a charge of willful neglect of duty or misdemeanor in office" in Lizano v. City of Pass Christian , 96 Miss. 640, 50 So. 981, 981 (1910). There, the mayor and board of aldermen sought to impeach and remove a city marshal, an elected official, for willful neglect and misdemeanor in office. Id. They claimed authority from an ordinance that provided for the impeachment and removal of elective officers that did not require indictment or conviction. Id. The Court found this ordinance to be in conflict with the Constitution. Id. at 982.

¶14. This Court has not ruled on the matter of a school-board trustee removal, but Jones, a school-board trustee, is a public officer like the appointed county-health officer in Matthews and the elected city marshal in Lizano. Like Matthews and Lizano, Jones was removed from his position for alleged neglect of duties. Section 175 of the Constitution applies to all public officers, and this Court has established that Section 175 is the exclusive means of removal of public officers. Miss. Const. art 6, § 175 ; Matthews , 74 So. at 418. Applying the Court's reasoning in Matthews and Lizano , Jones may be removed only in accordance with Section 175 of this state's Constitution.

¶15. The...