Kan. Supreme Court: former instructor can't regain job.

Kan. Supreme Court: former instructor can't regain job. TOPEKA, Kan. -- A former Coffeyville Community College instructoris not entitled to regain his job even if the board of trustees violatedthe Kansas open-meetings law when it voted against renewing hiscontract, the state Supreme Court has ruled. Only the Kansas attorney general, a district attorney or a countyattorney has the authority to sue to invalidate in��val��i��date?tr.v. in��val��i��dat��ed, in��val��i��dat��ing, in��val��i��datesTo make invalid; nullify.in��val decisions made inillegal closed sessions, the court held. The decision represents the end of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.When a person begins a civil lawsuit, the person enters into a process called litigation. on behalf of JohnKrider, according to according toprep.1. As stated or indicated by; on the authority of: according to historians.2. In keeping with: according to instructions.3. Kansas National Education Association generalcounsel David Schauner, who argued the appeal on his behalf. Krider wasa member of the college's bargaining unit. Krider had been a tenured ten��ured?adj.Having tenure: tenured civil servants; tenured faculty.Adj. 1. tenured welding instructor at avocational-technical school that merged with Coffeyville CommunityCollege in 2001, the Supreme Court said. The vocational-technical schoolhad provided training for high-school and postsecondary students. After the merger, his status changed to that of a non-tenured,first-year college employee. In an April 2002 executive session, the board recommended thatKrider's contract not be renewed. A college vice presidentdelivered the non-renewal letter on May 1, the notification deadline setin the Kansas teachers continuing contract law, according to the court. The board didn't vote on the issue at an open session untilJune 17, however. Krider sued for reinstatement and back pay, arguing that theexecutive-session decision should be voided void��ed?adj. HeraldryHaving the central area cut out or left vacant, leaving an outline or narrow border: a voided lozenge.. Marlon Thornburgh, the college's dean of academic services,said no public reason was given for the non-renewal. He also said thecontract of a second instructor was not renewed at the same time butthat instructor didn't sue. A Montgomery County Montgomery County may refer to: Montgomery County, Alabama Montgomery County, Arkansas Montgomery County, Georgia Montgomery County, Illinois Montgomery County, Indiana Montgomery County, Iowa Montgomery County, Kansas District Court judge ruled against Krider, andthe Supreme Court unanimously upheld the college, too. "There is no dispute in this case that Krider received a clearand unconditional notice before the statutory deadline passed," thecourt said in an opinion by Justice Carol Beier. Beyond that, the court continued, the open-meetings law allowsprivate patties such as Krider to sue only for an injunction to preventa public agency from committing a violation. "Krider could have persuaded the attorney general of thedistrict or county attorney for Coffeyville to file an action to voidthe (non-renewal) notice. He had no power to seek that remedyhimself," it said. The court said there is good reason for that limitation becausevoiding a governmental action is a "drastic remedy," and itwould become difficult for the government to operate if anybody couldsue to overturn decisions. The union's Schauner said the college tried to have it"both ways" by simultaneously arguing that no binding actiontook place in the executive session but that Krider's May 1notification was timely. He also said the union didn't ask a county or districtattorney or the attorney general to sue because it didn't learnabout the board's executive-session decision until after the 10-daydeadline for those officials to sue. The union is seeking legislative changes in the open-meetings law,he said, including a change that would allow private suits such asKrider's.