Opinion
C.A. No. 97A-10-003.
February 16, 2001.
Robert D. Goldberg, Esq., Mellon Bank Center, P.O. Box 1489, Wilmington, DE 19899
John B. Hindman, Esq., Deputy Attorney General, Civil Division, Kent County 45 The Green Dover, DE 19901
I have reviewed each party's memoranda on damages in the above captioned case as well as the original decision by Judge N. Maxson Terry, Jr.
On July 22, 1998, this case was decided by Judge Terry in favor of the Plaintiff. On August 27, 1998, this Court denied reargument. On December 4, 1998, this Court requested letter memoranda in support of each party's position on damages.
Ms. McCormick's contract expired by its terms on June 30, 1997. Judge Terry found Ms. McCormick's constitutional rights were violated by the Board's failure to give the statutorily required six-month notice to Ms. McCormick prior to her termination. 14 Del. C. § 121(4) mandates that failure to give proper notice results in "automatic extension of the existing contract for or [sic] a period of 1 year from its expiration date". Judge Terry also found that the record supported the Board's finding that just cause existed to not renew Ms. McCormick's contract, but because the Board failed to comply with the statutory time limits for giving due notice, the Board's attempt to end the contract failed.
As a result, Judge Terry found that "the contract termination date was extended by statute for one year to June 30, 1998", and "McCormick is entitled to her salary for that period of time subject to any reductions by way of mitigation for earnings which she had during that time".
McCormick v. Board of Education, Del.Super., C.A. No. 97A-10-003, Terry, J. (July 22, 1998).
The Board offered to pay Ms. McCormick her annual state salary for the 1997-1998 school year of $69,358.96, less the salary previously paid to her by the State through the date of the Board's decision on September 18, 1997 of $14,833.77, and less Ms. McCormick's earnings from the Seaford School District for the 1997-1998 school year of $47,565.00, for a total of $6,960.19.
Ms. McCormick refused the Board's offer. She disputes the annual state salary figure promulgated by the Board for the 1997-1998 school year of $69,358.96, instead claiming that the annual salary increment of 3% would have placed her salary for that year at $71,439.73.
I find that $71,439.73 is the amount that she would have received for the 1997-1998 school year absent termination.
Ms. McCormick does not object to the Board's mitigation figures of $14,833.77 for the salary previously paid to her by the State though the date of the Board's decision on September 18, 1997, and of $47,565.00 representing Ms. McCormick's earnings from the Seaford School District for the 1997-1998 school year.
At this point, then, the net owed to Ms. McCormick is as follows:
(1) Annual State Salary for the 1997-1998 school year: $71,439.73
(2) Less Salary Previously Paid To Her by the State Through the Date of the Board's Decision on September 18, 1997: $14,833.77
(3) Less Earnings from the Seaford School District For the 1997-1998 School Year: $47,565.00
(4) Net owed to Ms. McCormick: $9,040.96
Ms. McCormick also seeks to expand Judge Terry's damage award by demanding additional entitlement of $49,922.86 comprising of mileage, court costs, legal fees, lost vacation, lost sick days, and pension loss.
Judge Terry was clear in his award of a one-year extension of Ms. McCormick's salary less any monies earned by her during that time period. There was no mention of additional damages by Judge Terry nor any motion for reconsideration by Ms. McCormick of the damage boundaries granted to her by Judge Terry.
For those reasons, and consistent with the letter and spirit of Judge Terry's decision, I am awarding Ms. McCormick the amount of $9,040.96 as calculated above.