ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Holding: The court held that Moore’s Civil Service Law claims were time barred and that
the court did not err. However, the court did err in dismissing Moore’s § 1983, but the result was
the same.
Reasoning: New York requires a party to file a notice of claim prior to filing suit.
However, the notice of claim must be filed within 5 months of the reported injury. Moore failed
to file a timely notice of claim when he waited over 5 months. Thus, his claim pursuant to Civil
Service Law § 75-b were time barred.
However, the court found that Moore’s cause of action was reported when he claimed
that the district retaliated against him for reporting the inappropriate relationship. The court erred
on this point, but the avenue for recourse was moot for his claim was not done in a timely
fashion.
2009
Disposition: The court affirmed in part and reversed in part.
Citation: Martinek v. Belmond-Klemme Community School District, 772 N.W.2d 758,
(2009 Iowa Sup.).
Key Facts: Martinek was serving her 12th year as an elementary school principal for the
Belmond-Klemme Community School District when she was informed that her position was
being terminated due to fiscal constraints brought on by enrollment decreases and waning tax
support. Her position was to be filled by the current superintendent. Martinek requested and was
granted a hearing with an administrative law judge who asserted that termination of Martinek’s
contract was an incorrect measure. However, the board moved forward with its plan and
terminated her contract under Iowa Code § 279.24. Martinek appealed to the district court where
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