Dr. Jeremiah Burks vs TCSD......

I have been working with a PDF file for over two hours...trying to copy it to this blog.  So, I'm going to type it in as I think it is important enough for you to read for yourselves.  Here we go...

IN THE CHANCERY COURT OF THE SECOND JUDICIAL DISTRICT OF 

TUNICA COUNTY, MISSISSIPPI

JEREMIAH BURKS                                                                              PLAINTIFF

VS                                                                                       CIVIL CAUSE NO. GN2014-54

TUNICA COUNTY SCHOOL DISTRICT,

BERNARD STEPHEN CHANDLER, Individually

and in HIS official capacity as SUPERINTENDENT:

TOMEKA COTTON, Individually; JOE ANDERSON, 

Individually: and DELORIS HARDMAN, iNDIVIDUALLY               DEFENDANTS

ORDER

THIS MATTER is before the Court on the Complaint filed by the Plaintiff,

Jeremiah Burks (hereinafter Dr. Burks) against the Defendent, Tunica County School

District, Bernard Stephen Chandler, Individually and in His official capacity as

Superintendent: Tomeka Cotton, Individually: Joe Anderson, Individually: and Deloris 

Hardman, Individually (hereinafter TCSD) on June 27, 2014.  The Defendant, TCSD,

filed an Answer and Affirmative Defenses To Plaintiff's Complaint on August 11, 2014.

The Court having considered the arguments made by the parties, reviewed the

correspondences and supporting information submitted by the parties, having examined

the record and otherwise being fully advised in the premises, finds as follows:

PROCEDURAL FACTS AND HISTORY

This case involves the termination of Dr. Jeremiah Burks from the position of

principal of the Robinsonville Elementary School with the Tunica County School District

effective May 22, 2014.  Dr. Burks was given the notice of his termination on May 21, 

2014.  On May 21, 2014 Dr. Burks requested a hearing pursuant to Miss Code Annot* 

37-9-109.  Superintendent Bernard Stephen Chandler notified Dr. Burks on May 23, 2014

that his hearing had been set for Monday, June 9, 2014.  On June 6, 2014, Dr. Burks sent

an e-mail to Superintendent Chandler and Tunica County School Board President Cotton 

requesting a continuance of the termination hearing due to the death of a loved one.  On

June 9, 2014 Attorney Willie Griffin, counsel for Dr. Burks, faxed a letter to Tunica

County School Board Attorney David L. Tisdell and Superintendent Stephen Chandler

requesting a continuance of the personnel hearing due to Dr. Burks' inability to attend the

hearing.  Tunica County School District did not respond to Mr. Burkes' and Attorney 

Griffin's continuance request.  The termination hearing on Dr. Burks was convened on

June 9, 2014 at 6:00 p.m. and concluded at 7:22 p.m.  Dr. Burks filed a Complaint on 

June 27, 2014 seeking reinstatement of his job with all lost benefits.  On August 11, 2014

the Defendants filed an Answer and Affirmative Defenses to Plaintiff's Complaint.  The

matter was set for trial on May 29, 2015.  The Tunica County School Board has never 

rendered a written decision from the termination hearing had on June 9, 2014.

LEGAL ANALYSIS

This Court is always mindful of the far reaching harm that can and will be done to

the citizens of a poor underprivileged district such as the Tunica County School System.

The list of procedural errors committed by TCSD are as follows:

1. The Board of TCSD did not set the June 9, 2014 hearing as required by

Miss Code Annot*37-9-59.

2. The Board of TCSD did not record within its minutes the setting of the June

9, 2014 hearing as required by Miss Code Annot*37-9-59 and *37-6-9.

3, The Board of TCSD did not record within its minutes the decision to grant

or deny Mr. Burks' request for a continuance of the termination hearing set

for June 9, 2014 as required by Miss Code Annot *37-9-59 and *37-6-9.

4. The Board of TCSD failed to render and record within its' minutes a final

decision on Mr. Burks' termination as required by Miss Code Annot *37-9-111 and *37-6-9.

      This Court cannot turn a blind eye to the willful wanton blatant contemptuous

actions of TCSD.  It is amazing to this Court that more than a year has passed since the 

June 9, 2014 personnel hearing was held and this Board still has not rendered a written

decision regarding the validity of Mr. Burks' termination.  It is clear to the Court TCSD

has no respect for the rule of law and shall continue to operate as a fiefdom unto 

themselves until they are made aware of the real repercussions of their lawlessness.

     This Court wholeheartedly rejects TCSD's argument that the Court must wait

indefinitely until it renders a written decision before it can grant unto this plaintiff any

relief.  This Court will not be held hostage by a group of individuals who clearly feel that

they are above any court and any law.

     THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the action

of the Board of Trustees of the Tunica County School District to terminate Dr. Jeremiah

Burks from his position as Principal of Robinsonville Elementary School is hereby

reversed, vacated, held for naught.  That Jeremiah Burks is granted and restored all pay

and benefits that he has been wrongfully deprived of due to the aggressed lawless action of

the Tunica County School Board.  That Jeremiah Burks is entitled to full compensation up

to and including the entire 2014-2015 school year.

     SO ORDERED, this the 1st day of JULY, 2014.

                                                                                 CATHERINE L. FARRIS-CARTER
                                                                                 CHANCELLOR

Blogger's notes:  I've done my best to be accurate in the transcribing of this document.  The back and forth of Dr. Burks' name from Dr. to Mr. are included in the document.  Also, I am wondering if the final date should be 2015 rather then 2014.

This is just one life and family and career that has been tainted by this band of 4.  We learned in Jackson the other day that there are at least 3 more like this and 10-15 other suits being brought against our School District.  It is so very important to vote for the right people and then hold them accountable.

Please be mindful that Larry Braziel and Marilyn Young were not sued Individually.