Sarah Wasson, in Her Official Capacity as Superintendent of the Lee County Schools v. Kim Williams ( 2022 )

RENDERED: DECEMBER 22, 2022; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2020-CA-1517-MR
SARAH WASSON, AS APPELLANT
SUPERINTENDENT OF THE LEE
COUNTY SCHOOLS
APPEAL FROM LEE CIRCUIT COURT
v. HONORABLE MICHAEL DEAN, JUDGE
ACTION NO. 20-CI-00076
KIM WILLIAMS APPELLEE
OPINION
AFFIRMING
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BEFORE: ACREE, CETRULO, AND TAYLOR, JUDGES.
TAYLOR, JUDGE: Sarah Wasson, as Superintendent of the Lee County Schools,
brings this appeal from an October 8, 2020, Amended Final Judgment of the Lee
Circuit Court concluding the involuntary transfer of Kim Williams violated
Kentucky Revised Statutes (KRS) 160.345(2)(b)1. We affirm.
In 2019, Williams was employed by the Lee County Board of
Education (the Board) as an itinerant librarian. Williams had been employed by
the Board for over twenty years. As itinerant librarian, Williams divided her work-
time between the Lee County Middle High School (LCMHS) and Lee County
Elementary School (LCES). In May of 2019, Williams was elected as a teacher
representative to the School Based Decision Making (SBDM) Council at LCMHS
for the 2019-2020 school year.1
On February 26, 2020, Superintendent Wasson met with Williams and
delivered a letter informing Williams that she was being transferred from itinerant
librarian for LCMHS and LCES to full-time librarian for LCES. Williams
subsequently received a second letter from Superintendent Wasson on May 4,
2020, reiterating Wasson’s decision to transfer Williams to LCES as librarian for
the 2020-2021 school year. Then, on May 11, 2020, Williams was re-elected to a
consecutive term on the SBDM Council at LCMHS for the 2020-2021 school
year.2
By letter dated May 13, 2020, Williams informed Superintendent
Wasson that the involuntary transfer to LCES was legally prohibited as Williams
had been elected to serve as a teacher representative on the SBDM Council for
1
The 2019-2020 school year ran from August 1, 2019, to July 31, 2022.
2
The 2020-2021 school year ran from August 1, 2020, to July 31, 2021.
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LCMHS for the 2020-2021 school year. By correspondence dated May 18, 2020,
Superintendent Wasson informed Williams that she could remain in her current
position as itinerant librarian for LCMHS and LCES until July 31, 2020; however,
effective August 1, 2020, Williams would be transferred to LCES as full-time
librarian.
On July 9, 2020, Williams filed a complaint and petition for
declaration of rights in the circuit court against the Board of Education of Lee
County3 and Superintendent Wasson. Williams also filed a motion for temporary
injunction and for final judgment on July 13, 2020. By Amended Final Judgment
entered October 8, 2020, the circuit court viewed the material facts as undisputed
and held “that any involuntary reassignment or transfer prior to expiration of
[Williams’] 2020-2021 term on the LCMHS [SBDM] Council is unlawful under
[KRS] 160.345 (2)(b)(1)[sic][.]” October 8, 2022, Amended Final Judgment at 7.
The circuit court also issued a permanent injunction “barring the involuntary
reassignment or transfer of [Williams] prior to expiration of her 2020-2021 term.”
October 8, 2020, Amended Final Judgment at 7. This appeal follows.
Superintendent Wasson contends the circuit court erred by
determining that Williams’ involuntary transfer to LCES violated KRS 160.345.
3
The Board of Education of Lee County was subsequently dismissed as a party from the
litigation with no objection from Kim Williams.
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More particularly, Superintendent Wasson asserts the circuit court erred by
interpreting KRS 160.345(2)(b)1 as providing that Williams’ election to the SBDM
Council for the 2020-2021 term at LCMHS prohibited her involuntary transfer to
LCES. Superintendent Wasson acknowledges that the material facts are
undisputed and that resolution of this appeal is dependent upon an interpretation of
KRS 160.345(2)(b)1.
KRS 160.345(2)(b)1 provides, in relevant part:
(b) 1. The teacher representatives shall be elected for
one (1) year terms by a majority of the teachers. A
teacher elected to a school council shall not be
involuntarily transferred during his or her term of
office. The parent representatives shall be elected for
one (1) year terms. The parent members shall be
elected by the parents of students preregistered to
attend the school during the term of office in an
election conducted by the parent and teacher
organization of the school or, if none exists, the
largest organization of parents formed for this
purpose. Council elections may allow voting to occur
over multiple days and via electronic means. A
school council, once elected, may adopt a policy
setting different terms of office for parent and teacher
members subsequently elected. The principal shall be
the chair of the school council.
KRS 160.345(2)(b)1 (emphasis added).
It is well-established that interpretation and construction of a statute is
a matter of law for the court. City of Worthington Hills v. Worthington Fire
Protection District, 140 S.W.3d 584 (Ky. App. 2004). However, where the terms
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of a statute are clear and unambiguous, the statute must be given effect as written
without resort to rules of construction or interpretation. Mondie v. Commonwealth,
158 S.W.3d 203 (Ky. 2005); Vandertoll v. Commonwealth, 110 S.W.3d 789 (Ky.
2003). In both instances, our review proceeds de novo. Revenue Cabinet v.
Hubbard, 37 S.W.3d 717 (Ky. 2000).
KRS 160.345(2)(b)1 is clear and unambiguous. The statute as written
plainly prohibits the involuntary transfer of a teacher representative of a SBDM
Council during her term of office. An involuntary transfer during a term of office
would prevent a teacher representative on the SBDM Council from holding the
office to which she was elected. Williams was already serving as a SBDM Council
member for the 2019-2020 term of office when she was re-elected to a successive
term of office for the 2020-2021 term. The successive term of office commenced
the day after her previous term concluded. The reassignment of Williams by
Superintendent Wasson as librarian at LCES for the 2020-2021 school year clearly
constituted an involuntary transfer of Williams. Thus, Williams was a teacher
representative on the SBDM Council at all relevant times during this controversy
and is protected from an involuntary transfer by KRS 160.345(2)(b)1.
Accordingly, we conclude that the circuit court did not err by determining that
Williams’ involuntary transfer violated KRS 160.345(2)(b)1.
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For the foregoing reasons, the Amended Final Judgment of the Lee
Circuit Court is affirmed.
ALL CONCUR.
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE:
Jonathan C. Shaw John K. Wood
Grant R. Chenoweth Jeffrey S. Walther
Paintsville, Kentucky Lexington, Kentucky
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