Lincoln County School District v. Mayer , 39 Or. App. 99 ( 1979 )

TANZER, J„,

concurring.

My only difference with the majority analysis is that I see the statutes as clearly requiring the result at which the majority arrives by harmonizing what it perceives as an arguable statutory inconsistency. I see no inconsistency.

ORS 342.905(7) requires that the Fair Dismissal Appeals Board determine whether the facts "justify the statutory grounds cited as reason for the dismissal.” The reference is clearly to the "statutory grounds” for dismissal such as "Inefficiency” or "Immorality” which are listed in ORS 342.865. The function of the FDAB is simply to determine whether the facts establish the existence of any of those grounds. The statute is clear in this respect and gives no reason for the FDAB to conclude that if statutory grounds for sanction exist, it can. substitute its judgment for that of the school board as to sanction.