Borgen v. Anderson

McGIVERIN, Justice

(dissenting).

For the reasons stated in my concurrence in part and dissent in part in Shenandoah Education Association v. Shenandoah Community School District, 337 N.W.2d 477, 483-86 (Iowa 1983), I respectfully dissent from the majority opinion here.

To give any effect and credence to Iowa Code chapter 279, I believe the board of directors of the Des Moines Area Community College should have been allowed to act under chapter 279 on the superintendent’s recommendation to terminate the teacher’s otherwise continuing contract.

In any event, the superintendent’s recommendation of termination was only that — it was not an act of the board of directors. The recommendation should not be the subject of arbitration.

I would reverse the ruling of the district court.

REYNOLDSON, C.J., and SCHULTZ, J., join this dissent.