Judge Rules St. Maries School District Violated Pact Fired Social Worker Should Have Been Offered New Job, Court Says

FROM FOR THE RECORD, IDAHO EDITION (Wednesday, February 9, 2000): Incorrect headline: Carol Qualman, a social worker who recently settled with the St. Maries Joint School District, lost her job with the district when her position was eliminated in 1994. A headline Tuesday incorrectly reported how she lost her job.

The St. Maries Joint School District violated its employment contract with a former social worker when it eliminated her position in 1994 and failed to offer her another job that was created, a judge has ruled.

“I feel very good. It was a long, hard battle,” said Carol Qualman, who had been employed by the school district from 1988 to 1994.

Qualman received financial compensation in an out-of-court settlement with the district that coincided with the judge’s decision on Friday. She was not reinstated to her position as she had asked.

“It is a victory in a lot of ways. What this will do is keep them from doing the same thing to other people,” said Qualman.

“The school district respectfully disagrees with the judge but feels that having final resolution is in everyone’s best interest,” said Brian Julian, the district’s attorney.

When Qualman’s position was eliminated, the district replaced it with that of a middle school counselor.

First District Judge Craig Kosonen ruled that Qualman was qualified for that job and should have been offered it in compliance with the district’s reduction-in-force policy. Not doing so was a violation of that policy, he said.

“It appears inescapable that, as a matter of law, the district’s RIF policy applied to Qualman in the manner in which she contends,” Kosonen wrote.

The reduction-in-force policy, adopted in 1979, says that if the district anticipates layoffs of employees due to finances, decreased enrollment or other conditions, it must create a seniority list of personnel. If positions open for which those people are qualified, they are to be reinstated based on seniority.

Qualman was not rehired for the counselor position despite having more seniority than the person who was hired, Kosonen said in his opinion.

“She was qualified as a middle school counselor and should have been given first shot at the job by virtue of her seniority in the district,” Kosonen wrote.

The district, however, said the reduction-in-force policy does not go into effect until the total number of certificated employees changes. As one position was being dropped and another was being added, the number of employees did not change, Julian said.

“It was more of a policy decision on how to use resources,” Julian said. “The school district can understand how the judge came to the decision, but you have to look at the entire policy as a whole.”

Qualman’s attorney, John Rumel of the Idaho Education Association, said the decision will resonate statewide.

“The judge’s decision sends a clear message to the St. Maries School District and other school districts that they must honor the terms of collective bargaining agreements entered into between their school board and the local education association,” Rumel said.