Miller Cnty. Bd. of Educ. v. McIntosh

The plaintiff did not fail to exhaust his administrative remedies in his suit against a county board of education for breach of contract arising from his termination of employment as superintendent.

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This dispute arises from the Miller County Board of Education’s the “Board” termination of Robert McIntosh’s employment as superintendent of the Miller County Schools. McIntosh sued the Board for breach of contract, and the trial court denied the Board’s motion for summary judgment. The Board then filed an application for interlocutory appeal, which we granted. On appeal, the Board claims that the trial court erred in denying its motion for summary judgment because 1 McIntosh failed to exhaust his administrative remedies before filing suit, and 2 the contract McIntosh claims was breached is void. For the reasons noted infra, we affirm.

The record shows that McIntosh and the Board entered into an employment agreement the “2010 Employment Agreement”, whereby McIntosh would serve as the superintendent of Miller County Schools, effective December 30, 2010, and terminating on December 30, 2013. On April 16, 2012, the Board and McIntosh entered into a second employment agreement the “2012 Employment Agreement” for a term commencing on April 16, 2012, and terminating on April 15, 2015. There do not appear to be, and the parties do not contend, that there are any material differences between the 2010 Employment Agreement and the 2012 Employment Agreement referred to collectively herein as the “Employment Agreements”, other than McIntosh’s respective terms of employment under those agreements. And under either contract, McIntosh was subject to dismissal or suspension for the same reasons, such as incompetency and insubordination. But prior to any such dismissal or suspension, the Employment Agreements provided that

Miller Cnty. Bd. of Educ. v. McIntosh

The plaintiff did not fail to exhaust his administrative remedies in his suit against a county board of education for breach of contract arising from his termination of employment as superintendent.

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