JERRY L. KENNEDY APPELLANT
CLAIBORNE COUNTY, MISSISSIPPI, BY AND THROUGH ITS BOARD OF SUPERVISORS, CLAIBORNE COUNTY HOSPITAL AND BOARD OF TRUSTEES OF CLAIBORNE COUNTY HOSPITAL APPELLEES
of Judgment: 09/14/2015
FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT HON.
LAMAR PICKARD TRIAL JUDGE:
ATTORNEYS FOR APPELLANT: CHUCK R. MCRAE SETH C. LITTLE
CHRISTOPHER A. BAMBACH.
ATTORNEYS FOR APPELLEES: SILAS W. MCCHAREN BARBARA M.
BLACKMON EDWARD BLACKMON JR. PETER J. MCKELROY.
GRIFFIS, P.J., BARNES AND CARLTON, JJ.
Jerry Kennedy appeals the judgment of the Claiborne County
Circuit Court wherein the circuit court found Kennedy's
contract of employment with the Claiborne County Hospital
Board of Trustees was not sufficiently spread across the
minutes to constitute a valid and enforceable contract. We
find no error and affirm.
In July 2012, Claiborne County, Mississippi, through its
Board of Supervisors, took control of the Claiborne County
Hospital ("Hospital"), acting as the Board of
Trustees for the Hospital. The Claiborne County Hospital
Board of Trustees ("Board") held regular meetings
to discuss the business of the Hospital.
Pursuant to Mississippi Code Annotated section 41-13-35(3)
(Rev. 2013), the Board was required to keep minutes of its
official business. The minutes from the following Board
meetings were introduced at trial and are summarized as
August 13, 2012 - The Board selected Kennedy "Hospital
Administrator." The minutes were adopted by action of
the Board on August 27, 2012.
August 27, 2012 - The Board approved Kennedy's salary of
$20, 000 per month. The minutes were adopted by action of the
Board on August 27, 2012.
September 10, 2012 - The Board noted under "Old
Business" that the salary for the Hospital Administrator
is $20, 000 per month and $240, 000 per year. The minutes
were adopted by action of the Board on September 25, 2012.
September 25, 2012 - The Board agreed to give Kennedy "a
5 year contract with incentives." The minutes were
adopted by action of the Board on October 4, 2012.
April 1, 2013 - The Board informed Kennedy he did not have a
valid contract because there was never one reflected in the
minutes. The Board offered Kennedy a one-year contract and
presented the one-year contract for approval. Kennedy
responded that his contract was a five-year contract and he
did not have a one-year contract. Kennedy refused the
one-year contract. Kennedy was terminated as Hospital
Administrator effective April 2, 2013.
Kennedy filed a complaint in circuit court against Claiborne
County, by and through its Board of Supervisors, the
Hospital, the Claiborne County Board of Trustees, and John
Does 1-10. The complaint asserted claims for breach of
contract, deprivation of civil rights, conspiracy to
interfere with civil rights, and specific performance. The
contract that Kennedy claims was breached was an employment
agreement between Kennedy and the Board dated October 4,
2012, and signed by ...