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Clinch County Bd. of Ed. v. Hinson

The superior court erred in failing to give deference to the school board's decision to terminate the plaintiff's employment for incompetency and other good and sufficient cause.

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David Hinson was employed by the Clinch County Board of Education as Media and Technology Coordinator. At the request of school administrators, Hinson placed a video camera in a girls’ locker room during high school basketball games in an attempt to apprehend a thief. Although no thefts occurred, video tapes captured images of female students changing their clothing and recorded their conversations. Following disclosure of the tapes’ existence, the county school superintendent suspended Hinson and recommended that his contract of employment be terminated. A hearing requested by Hinson under the Fair Dismissal Act was conducted by a tribunal composed of active and retired school administrators from various Georgia counties.1 Based on its findings of fact, the tribunal recommended that Hinson’s contract of employment be terminated. The county board of education approved the tribunal’s findings and recommendation, as did the state board acting in its appellate capacity. On further appeal, however, the superior court reversed.

In Case Number A00A2226, the county board of education appeals. The board charges the superior court with error in failing to give deference to the local board’s decision under the applicable standard of appellate review. In Case Number A00A2227, Hinson cross-appeals. He contends that the local board’s decision should have been reversed for reasons not given by the superior court in its order. Finding merit in the appeal but not the cross-appeal, we hold that the superior court erred in reversing the board’s termination of Hinson’s employment.

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