STATE EX REL. TANYA AINA-LABINJO v. METROPOLITAN NASHVILLE BOARD OF PUBLIC EDUCATION, ET AL. - Articles

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Posted by: Tanja Trezise on Jun 7, 2013

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

J. Brooks Fox, Nashville, Tennessee, for the Appellant, Metropolitan Nashville Board of Education.

Attorneys 2:

Cecil Dewey Branstetter, Jr., and Michael J. Wall, Nashville, Tennessee, for the Appellee, Tanya Aina-Labinjo.

Judge(s): DINKINS

Metropolitan Nashville Board of Education appeals the issuance of a writ of mandamus compelling it to hear an appeal of the termination of a non-teaching employee. The Board contends that the chancery court lacked jurisdiction to issue the writ and that state law preempts the right to a hearing granted to employees of the Board under the Metropolitan Charter. We affirm the holding that the chancery court has jurisdiction under Tenn. Code Ann. §§ 16-11-102(a) and 29-25-101 to issue the writ; we vacate the judgment issuing the writ and remand the case for an evidentiary hearing as to whether the Board has developed a policy with respect to the dismissal of employees as required by Tenn. Code Ann. § 49-2- 301(b)(1)(FF) and whether such policy preempts the pertinent provisions of the Metropolitan Charter.