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IN THE COURT OF APPEALS OF IOWA No. 8-107 / 07-0729 Filed May 14, 2008

CYNTHIA MARTINEK, Plaintiff-Appellee, vs. BELMOND-KLEMME COMMUNITY SCHOOL DISTRICT, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Wright County, Paul W. Riffel, Judge.

A school district appeals from the ruling on judicial review, which reversed its decision to terminate an elementary school principal. AFFIRMED.

Brian Gruhn of Gruhn Law Firm, Cedar Rapids, for appellant. Charles E. Gribble of Parrish, Kruidenier, Dunn, Boles, Gribble, Cook, Parrish, Gentry & Fisher, L.L.P., Des Moines, for appellee.

Heard by Vogel, P.J., and Zimmer and Baker, JJ.

2 VOGEL, P.J. The facts of this case are essentially undisputed. Dr. Cynthia Martinek began her employment with the Belmond-Klemme School District (District) in 1993 as an elementary principal. On July 25, 2005, Martinek and the District entered into a contract "for a two (2) year period," which provided the following language with regard to termination of the contract: IT IS AGREED that throughout the term of this contract, the Principal shall be subject to discharge or demotion for good and just causes, provided however that the Board does not arbitrarily or capriciously call for his/her dismissal or demotion. The Principal shall have the right to service of written charges, notice at hearing, and be afforded a private and fair hearing before the Board. IT IS FURTHER AGREED that the Principal shall have the right of renewal prior to the end of the contract year for additional years, except that the renewal of this contract beyond the first year is contingent upon any realignment of the type of school organization. On May 2, 2006, the District served Martinek with a notice it was considering terminating her administrative contract effective at the end of the current school year. The notice listed four reasons for the proposed termination: (1) declining enrollment, (2) budgetary restrictions and problems, (3) reduction of position(s), and (4) realignment of school organization. On May 5, 2006, Martinek contested the termination under Iowa Code

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