dissenting.
It appears to me that the record indicates the School Board followed the procedure mandated by I.C. § 33-517, the statutory grievance procedure. Further, I believe Marcia Roberts, an at-will employee, was given a meaningful opportunity to be heard in a fail* and impartial manner. Therefore, I respectfully dissent.
The majority finds it somehow suspect that Gordon Waford, the Director of Personnel, was involved in two levels of the grievance procedure. However, I.C. § 33-517(2)(d) does not prohibit the involvement of an employee familiar with the dispute. In fact, this provision specifically allows the board of trustees to appoint one person to the panel. Waford may very well have been a logical candidate as he was not only the Director of Personnel, but also was familiar with the parties and their respective positions. It should be noted that a school board may be functioning under limited resources and may not have the ability to fill a spot on an arbitration panel with a professionally qualified person unfamiliar with the situation.
The majority finds that Roberts was denied a meaningful opportunity to be heard due to the Board’s failure to review the record from the arbitration panel hearing. However, the record does not establish that the Board did, in fact, fail to review the record. The district court specifically found it likely that the Board did review the record. The district court noted that even though there was no recording or transcription of the hearing panel’s proceedings, the exhibits presented to the hearing panel were available to the School Board before it made it’s decision. Additionally, the School Board had ample opportunity to review the hearing panel’s decision which contained a detailed listing and explanation of the evidence present*896ed before the hearing panel. Finally, the detail and contents of the Board’s decision demonstrate that the Board was aware of the exhibits contained in the record and suggests that the Board reviewed the record prior to issuing it’s resolution.
Under I.C. § 33-517, the board of trastees is given the power to overturn a decision made by the grievance panel. The School Board acted within the power granted by the statute when it decided to terminate Roberts. This decision was not only based upon substantial and competent evidence, but was in accordance with the School Board’s duty to protect the children in the school district. Although Robert’s argued that her termination was in retaliation for her association with the union, there was virtually no evidence in support of this position. As noted by the district court, the School Board’s findings of fact clearly showed that the true reason behind Robert’s termination was her inadequate performance as a school bus driver.
By not giving credence to the School Board’s decision, this Court has failed to apply the well-established presumption of regularity in the performance of official duties by public officers. Accordingly, I believe the school district board of trustees’ decision terminating the employment of this at-will employee should be affirmed.