BABBITT v. MARI-LINN SCHOOL DIST. 29-J

FDA 86-2; CA A43463.

764 P.2d 954 (1988)

94 Or.App. 161

Clifford BABBITT, Petitioner, v. MARI-LINN SCHOOL DISTRICT NO. 29-J, Respondent.

Court of Appeals of Oregon.

Decided November 23, 1988.


Attorney(s) appearing for the Case

James M. Brown, Salem, argued the cause for petitioner. With him on the brief was Enfield, Guimond & Brown, Salem.

William G. Paulus, Salem, argued the cause for respondent. With him on the brief was Garrett, Seideman, Hemann, Robertson and De Muniz, P.C., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Petitioner seeks review of an order of the Fair Dismissal Appeals Board (FDAB) which dismissed his appeal from his termination by respondent school district. The only issue in this case is whether petitioner was employed by respondent as a "superintendent" within the definition of ORS 342.815(3). If he was, the provisions of the Fair Dismissal Law do not apply to him and FDAB was correct in dismissing his appeal for lack of jurisdiction. We hold that...

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