By Ray King
Former Pine Bluff High School Principal Michael Nellums, who was fired in 2021 has failed in his effort to get his job back.
The Arkansas Court of Appeals ruled on Wednesday that Nellums waited too long to file his notice of appeal under the Arkansas Teacher Fair Dismissal Act.
According to the court filing, Nellums began working for the Pine Bluff School District in July 2012 and in December 2020 Superintendent Barbara Warren determined that Nellums should be removed from his position as principal at Pine Bluff High School following a series of allegations against him and lawsuits against him and the district.
The school district notified Hellums that he was being fired with letters both in regular and certified mail dated March 12, 2021. Nellums filed a complaint in circuit court seeking administrative review of the district’s action on May 27, 2021. The school district asked the circuit court to uphold its decision to fire Nellums and Circuit Judge Rob Wyatt agreed.
Nellums appealed that decision and the district asked the appeals court to dismiss the appeal, contending that Nellums waited too long to file his appeal of the decision to fire him.
The district contended that under the Arkansas Teacher Fair Dismissal Act, non-probationary teachers have 75 days from the date of the written notice and Nellums did not file his notice of appeal until the 76th day after the written notice.
Nellums admitted that he did file the notice of appeal on the 76th day after receiving the written notice but contended that he did not receive the notice until March 13, making his appeal date timely.
The court of appeals however disagreed, saying that since the appeal was untimely, the circuit court never acquired jurisdiction, and because the circuit court never had jurisdiction, the appeals court didn’t have jurisdiction and therefore they dismissed the appeal.
