Full opinion text
MEMORANDUM OPINION AND ORDER JOSEPH H. YOUNG, District Judge. Plaintiff, Dr. Roland N. Patterson, dismissed as Superintendent of Public Instruction of Baltimore City, brings this action under 42 U.S.C. § 1983 and directly under the Fourteenth Amendment, challenging that dismissal by the defendants, the Board of School Commissioners of Baltimore City (Board) and the individual Commissioners. I THE FACTS The statutory authority for the existence of the School Board and its powers are contained in the Annotated Code of Maryland, Article 77, sections 142 and 143, and in Article VII of the Baltimore City Charter (1964 revision). The specific authority to appoint a superintendent is contained in Article VII, § 58(b) of the Charter. Appointed to his position on July 16,1971, plaintiff began serving on October 1, 1971. The discussions between the City and Dr. Patterson concerning the terms of his contract appear in several communications between the Baltimore City Solicitor’s Office, Robert Karwacki (then Chairman of the School Board) and Dr. Patterson (through his attorneys). This correspondence appears as defendants’ exhibits 4, 5 and 6. The discussions culminated in a Memorandum of Agreement executed on December 8, 1971 (defendants’ exhibit 2), providing for a term of employment “of four years commencing on the 1st day of October, 1971, and ending on the 30th day of September, 1975, subject however to the provisions of Section 58(b) of Article VII of the Charter of Baltimore City.” That section provides that “The Board shall have power and authority to appoint and remove at pleasure, following a hearing if requested, a Superintendent of Public Instruction Plaintiff had not completed his appointed term when the question of an evaluation of his services was first discussed in a letter from Dr. Beryl Williams to the Board. By letter to Norman P. Ramsey (then Chairman of the Board) dated April 14, 1975 (defendants’ exhibit 11), plaintiff requested that the Board evaluate his services. A series of correspondence between plaintiff and Ramsey led to a proposal by the Board that an evaluation of plaintiff’s performance take place on May 9, 1975 (plaintiff’s exhibit 4). The proposal contained in a letter of April 30, 1975, indicated that the evaluation would take place in executive session, that plaintiff would be permitted to appear with counsel of his choice, and that the plaintiff would have an opportunity to comment upon the Board’s evaluation before it was made final. Enclosed in the letter were the Evaluation Criteria (plaintiff’s exhibit 5). On May 1, 1975, plaintiff selected Larry Gibson, Esquire, to act as his attorney for the evaluation proceedings. Following the exchange of a series of letters setting forth the ground rules, evaluation proceedings were held by the Board in executive session, with plaintiff and his attorney present. Sessions were held on May 9, 12, 13, 18, 20 and 21, 1975, consuming approximately 30 hours, and resulting in 700 pages of transcript (plaintiff’s exhibit 103), and 146 exhibits produced by plaintiff. At the conclusion of the proceedings plaintiff expressed his appreciation for a thorough and fair hearing (see p. 678 of the evaluation transcript). The Board prepared a proposed evaluation (plaintiff’s exhibit 18) which was hand delivered to plaintiff on June 2,1975, with a letter of transmittal (plaintiff’s exhibit 17), stating that the final evaluation would be prepared on June 4, 1975, and requesting that plaintiff prepare his comments on the proposed evaluation immediately. By a letter of the same date (plaintiff’s exhibit 19), plaintiff’s attorney claimed insufficient time to respond to the evaluation and called the Board’s attention to its promises that plaintiff would have an opportunity to respond to the initial evaluation (see plaintiff’s exhibits 4 and 12). He then called a press conference and released the proposed evaluation. The Board’s response to this flurry of activity was a letter (defendants’ exhibit 20) from Ramsey to Gibson indicating that the purpose of forwarding the proposed evaluation was to allow plaintiff an opportunity to review it before it was made final and public. The Board concluded that publication of the proposed evaluation obviated the need of further comments from the plaintiff. On June 4, 1975, along with the above-mentioned letter, the Board transmitted to Mr. Gibson a draft of a resolution calling for plaintiff’s resignation (plaintiff’s exhibit 21), and a document marked Specifications (plaintiff’s exhibit 22) — the charges against plaintiff. The Board stated that the meeting to discuss the draft resolution would be held on June 9, 1975. Through acts of unknown parties (at least unknown to the Court), the Specifications became public knowledge. In a letter of June 6, 1975 (plaintiff’s exhibit 31) from Gibson to Ambrose Hartman, Deputy City Solicitor, Gibson indicated that he could not attend the June 9 meeting and, since the Board had refused to set an alternate date for the meeting, he was “forced” to advise plaintiff not to attend. The Board met on June 9, 1975, and adopted a resolution calling for plaintiff’s resignation (plaintiff’s exhibit 33) and the final Specifications (plaintiff’s exhibit 35). These were forwarded to plaintiff by letter of June 9, 1975 (plaintiff’s exhibit 32). The resolution passed by the Board set June 20,1975, as the date for the beginning of the dismissal hearings (if plaintiff requested such a hearing). By letter of June 14, 1975, Gibson formally requested the hearing (plaintiff’s exhibit 38), reserving all rights to oppose the alleged inequities of the evaluation proceedings. On June 19, 1975, plaintiff sought and obtained an injunction from Circuit Court No. 2 of Baltimore City which postponed the beginning of the dismissal hearings. This injunction was vacated by the Maryland Court of Appeals, and the hearings were rescheduled for July 1, 1975. Immediately after the hearing convened, the Board was advised that plaintiff had applied to the Supreme Court for a stay of the proceedings. Mr. Justice Marshall, after granting a 24-hour stay, dissolved the stay order on July 1, 1975. During this interval (June 14 — July 1) plaintiff requested detailed factual data supporting the Specifications, contending they were inadequate notice of the charges against him (see plaintiff’s exhibits 38, 39, 48 and 50). The public dismissal hearings [hereinafter “hearings”] began at the War Memorial Building with approximately 325 people in attendance at each meeting. Most of the audience were vocal supporters of plaintiff, and the atmosphere at the hearings was described as tense and somewhat intimidating to the black members of the Board. Mr. Gibson and C. Curtis Lee, Esquire, represented the plaintiff, and Mr. Hartman represented the Board. Norman Ramsey, Chairman of the Board, presided through most of the hearings. Occasionally Dr. Williams presided. The transcript of the hearings is plaintiff’s exhibit 104. It contains approximately 2500 pages in 14 volumes covering 60 hours of proceedings. The hearings began with a lengthy procedural discussion between Gibson and Ramsey on the questions of (1) who had the burden of proof, and (2) whether and when opening statements would be permitted. Ramsey ruled that plaintiff would have the burden of proof and allowed Gibson to make an opening statement. (See Vol. II pp. 1-31 for this entire episode.) Because plaintiff maintained that the Specifications were too vague to address, the Board opened the proceeding by first calling Charles L. Benton, Director of Finance for Baltimore City, to show that plaintiff had lost the confidence of other City departments. His testimony, concerning certain financial irregularities which occurred during plaintiff’s administration, was objected to by plaintiff on the ground that the Specifications did not provide adequate notice of this charge. When Benton testified from certain materials, plaintiff requested copies to prepare for cross-examination. The documents were made available to plaintiff and cross-examination of Benton was postponed until July 11 to cure any lack of notice to plaintiff of his testimony. However, Gibson did not examine the materials until July 11 — just prior to Benton’s cross-examination. A similar sequence occurred with respect to the testimony of Daniel L. Paul, called by the Board over plaintiff’s objections. Once again, cross-examination was postponed until July 10, 1975. The Board’s next witness was Isiah White, a school principal, who testified there was low morale in the system as a result of favoritism and poor promotion policies. He also cited the existence on his payroll of a person of whom he had no knowledge. At this point, the Board members gave their reasons for voting to terminate the plaintiff. Gibson objected to the inclusion of these statements as evidence on the ground that the Board was sitting as a judge in the case and could not, therefore, give testimony. The Board responded that the statements were given to state publicly the reasons for the vote (see Vol. II pp. 176-179). Plaintiff’s later suggestion that the Board members, after speaking, should disqualify themselves as judges was also overruled. Each member spoke and was thoroughly cross-examined by Gibson. The Board’s case was closed on July 3. Plaintiff’s motion to dismiss the Specifications was denied, and plaintiff then began the presentation of his case, calling approximately 40 witnesses. The thrust of the testimony of these witnesses was aimed primarily at Specification 2, suggesting that plaintiff delegated authority well, that he did not show favoritism and that staff morale was high. In general, and sometimes in glowing terms, they praised the plaintiff’s administration. Plaintiff put on no testimony relevant to the financial charges, although thorough cross-examination of Benton and Paul was conducted. At several points the Board expressed impatience with the pace of plaintiff’s case and inquired of his attorneys how much longer it would last. On July 5, 1975, Gibson estimated he had approximately 50 more witnesses and that he needed 60 hours hearing time (Vol. V pp. 6-7 and pp. 294-295). On July 9, Lee indicated that on the present schedule (weeknights and all day on weekends), at least two more weeks would be required (Vol. IX pp. 16-19). On the same day, the City Solicitor’s Office offered to stipulate that certain named witnesses (proffered by plaintiff) would testify that plaintiff was a fine Superintendent and should continue in office. On Thursday night, July 10, 1975, the Board announced the schedule for the hearings would be as follows: Friday, July 11, 1975 — 5:30 p.m.-9:30 p.m. Saturday, July 12, 1975 — 9:30 a.m.-l:00 p.m. and 2:15 p.m.-6:00 p.m. Sunday, July 13, 1975 — 9:30 a.m.-l:00 p.m. Plaintiff objected to this schedule, arguing that it did not permit plaintiff to finish his presentation. The objection was overruled and Gibson used the remaining time to cross-examine Benton and to call some 10 or more additional witnesses to testify to the same general matters addressed by the previous witnesses. Plaintiffs case was terminated by the Board (pursuant to its schedule) on Sunday, July 13, 1975 (Vol. XIII pp. 128-132). The Board asked Gibson for the names of any additional witnesses he desired to call, and names of the witnesses then present and ready to testify were supplied. During the remainder of the July 13 session, the Board produced two rebuttal witnesses; and closing arguments were held on July 14, 1975, at which time Reverend Vernon Dobson spoke with the consent of all parties. The vote on plaintiff’s termination was scheduled for July 14, 1975, but it was enjoined by Circuit Court No. 2 of Baltimore City. On July 16, 1975, the Court of Appeals of Maryland vacated the injunction, and on July 17 the Board voted to terminate Dr. Patterson as Superintendent of Public Instruction (plaintiff’s exhibit 105). On that same day, plaintiff filed the instant ease requesting a temporary restraining order to prevent the removal of plaintiff from his position. The temporary restraining order was denied by Judge Frank Kaufman of this Court, and on August 8, this Court, following an open hearing, denied plaintiff’s request for a preliminary injunction. The case in chief was tried from March 1 to March 5, 1976. On these facts plaintiff alleges that he was deprived of his rights to a pre-termination hearing under the Baltimore City Charter and his rights to due process and free speech under the First and Fourteenth Amendments. Before dealing with these substantive claims, the Court must address certain jurisdictional questions. II JURISDICTION On November 26, 1975, this Court issued a Memorandum and Order finding that the defendant Board of School Commissioners was not a “person” for the purposes of 42 U.S.C. § 1983; that the members of the Board, in their individual capacities, were “persons”; and that the members of the Board, in their official capacities, were “persons” for purposes of injunctive relief but not for purposes of relief in money damages. The Court interpreted the complaint as relying exclusively upon 42 U.S.C. § 1983 to state a cause of action, and dismissed from the suit non-person defendants. Plaintiff later indicated his intention was to state a cause of action directly under the Fourteenth Amendment (via 28 U.S.C. § 1331) as well as the section 1983 cause of action, and by motion of December 19,1975, asked this Court to reconsider its prior ruling. It is arguable that the complaint asserted a cause of action directly under the Fourteenth Amendment. However, this issue was not briefed by either of the parties, and the Court did not consider it. In view of plaintiff’s current allegations, the interests of justice require that the ruling of November 26, 1975, be re-examined. The issues raised by the plaintiff’s attempt to sue the School Board directly under the Fourteenth Amendment are the following: 1. The Fourteenth Amendment Issues: (a) Does 28 U.S.C. § 1331 give this Court jurisdiction over cases brought directly under the Fourteenth Amendment? (b) Does the Fourteenth Amendment provide a cause of action for injunctive relief and/or damages? 2. The Eleventh Amendment Issue: Does the Eleventh Amendment prohibit a suit against the defendant Board as one against the State? 1. The Fourteenth Amendment The Court has separated the issues of jurisdiction and cause of action (as is re-fleeted above). Failure to separate these issues has often resulted in conceptual confusion by courts and commentators. Before discussing these issues, it is best to determine what is at stake in their resolution. The Supreme Court has determined that municipalities and their agencies cannot be sued under 42 U.S.C. § 1983 for monetary or injunctive relief, since they are not “persons” within the contemplation of the statute. Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109 (1973); Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). Thus, if these entities can be sued in federal court, they must be sued directly under the Fourteenth Amendment. (a) — The first issue which must be addressed is the question of this Court’s jurisdiction (under section 1331) of suits filed directly under the Fourteenth Amendment. 28 U.S.C. § 1331 provides as follows: (a) The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arises under the Constitution, laws, or treaties of the United States. [Emphasis supplied.] A suit directly based on the Fourteenth Amendment would seem to be the paradigm of a case “arising under” the Constitution. Furthermore, the “person” requirement of section 1983 is absent from § 1331(a). The conclusion that jurisdiction exists is supported by overwhelming authority. Hostrop v. Board of Junior College District No. 515, 523 F.2d 569 (7th Cir. 1975); Gray v. Union County Intermediate Education District, 520 F.2d 803 (9th Cir. 1975); Calvin v. Conlisk, 520 F.2d 1 (7th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393 (6th Cir. 1975); Roane v. Callisburg Independent School District, 511 F.2d 633 (5th Cir. 1975); Skehan v. Board of Trustees of Bloomsburg State College, 501 F.2d 31 (3d Cir. 1974); Traylor v. City of Amarillo, 492 F.2d 1156 (5th Cir. 1974); Clipper v. Takoma Park, Maryland, Civil No. 73-295-B (D.Md. March 25, 1975); Dahl v. City of Palo Alto, 372 F.Supp. 647 (N.D.Cal.1974); Perzanowski v. Salvio, 369 F.Supp. 223 (D.Conn.1974). See also the remand instructions in City of Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109 (1973), and Cox v. Stanton, 529 F.2d 47 (4th Cir. 1975). Jurisdiction is available under 28 U.S.C. § 1331 for a suit directly under the Fourteenth Amendment. (b) — The finding of a jurisdictional basis for the suit does not end the inquiry, however. The Court must determine whether the rights granted to the people by the Fourteenth Amendment provide for a cause of action directly under that amendment. The federal courts have recognized that they possess the power to grant equitable relief against municipalities for their violations of rights secured by the Fourteenth Amendment. Griffin v. County School Board, 377 U.S. 218, 233-234, 84 S.Ct. 1226, 1234-1235, 12 L.Ed.2d 256, 266-267 (1964); Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954); School Board v. Allen, 240 F.2d 59, 63 (4th Cir. 1956), cert. denied, 353 U.S. 910, 77 S.Ct. 667, 1 L.Ed.2d 664 (1957); Clipper v. Takoma Park, Maryland, Civil No. 73-295-B (D.Md. March 25, 1975); Booth v. Prince George’s County, 66 F.R.D. 466 (D.Md.1975). This Court concludes, then, that as regards plaintiff’s claim for injunctive relief, he has a cause of action directly under the Fourteenth Amendment against the Board. A more difficult question is whether this amendment provides a cause of action in damages against a municipality. Plaintiff argues that Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), is authority for the proposition that a damage remedy should be implied under the Fourteenth Amendment. A strong argument for this position is that it is anomalous to assert that injunctive relief is available directly under the Fourteenth Amendment while damages are not. A further argument stems from the general principle that federal courts should imply all remedies necessary to safeguard federal rights. If no remedy is available in damages against a municipality, a plaintiffs damage remedies (limited as they are by 42 U.S.C. § 1983) exist only against officials who may not have the resources to meet a judgment. Several strong arguments have also been advanced against the implication of a damage remedy. It has been argued that Bivens is not good precedent for such a remedy here. Bivens involved a federal court remedy against federal officials; here the problem is an implied federal damage remedy against municipalities, counties and their agencies. Consequently, federalism, a concept properly ignored in Bivens, militates against the implication of a damage remedy. See Clipper v. Takoma Park, Maryland, supra at p. 25. Another argument is that Bivens is inapplicable since Congress has already spoken with regard to damage remedies against municipalities. Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), interpreted the legislative history of 42 U.S.C. § 1983 to indicate a congressional intention not to impose liability on municipalities. The courts, it is argued, should not imply a remedy which Congress considered and purposely abandoned. See Clipper v. Takoma Park, Maryland, supra at p. 21; Perzanowski v. Salvio, supra at p. 230. The competing arguments, briefly noted above, appear strong. The question is a difficult one which this Court need not decide at this time since plaintiff has failed to prove any damage claim against the Board. For the purpose of this case it is sufficient to find that section 1331(a) gives this Court jurisdiction over claims brought directly under the Fourteenth Amendment, and that that amendment provides a direct cause of action, at least for injunctive relief. 2. The Eleventh Amendment The Eleventh Amendment prohibits suits against a state in the courts of the United States by citizens of another state or a foreign nation. This ban has consistently been applied to a plaintiff who is a citizen of the defendant state as well. Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 1355-56, 39 L.Ed.2d 662, 672-73 (1974). The immunity of the state is not limited to cases in which it is a party of record, Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), but extends to agencies or instrumentalities of the state when the state is a real party in interest. Walstad v. University of Minnesota Hospitals, 442 F.2d 634 (8th Cir. 1971); Harris v. Pennsylvania Turnpike Commission, 410 F.2d 1332 (3d Cir. 1969), cert. denied, 396 U.S. 1005, 90 S.Ct. 558, 24 L.Ed.2d 497. It does not extend to counties or municipalities or the agencies thereof. Port of Seattle v. Oregon & W. R. Co., 255 U.S. 56, 41 S.Ct. 237, 65 L.Ed. 500 (1921); Chicot County Arkansas v. Sherwood, 148 U.S. 529, 13 S.Ct. 695, 37 L.Ed. 546 (1893); Bennett v. Gravelle, 323 F.Supp. 203 (D.Md.1971), aff’d, 4 Cir., 451 F.2d 1011, cert. dismissed, 407 U.S. 917, 92 S.Ct. 2451, 32 L.Ed.2d 692 (1972). The Eleventh Amendment issue in this case boils down to the following question: Is the Board of School Commissioners an agency of the State of Maryland or of the Mayor and City Council of Baltimore City? In determining whether an entity is an agency of the state, the cases have relied on several indices: 1. State statutes and court decisions governing the entity. 2. Its source of revenue. 3. Its autonomy from the state government. 4. Whether it has the power to sue and be sued. 5. Whether it has the power to contract. 6. Whether the state would be responsible for a judgment against the entity. Wright, Miller and Cooper, Federal Practice and Procedure: Jurisdiction § 3524 at 88-91, and cases cited therein. On the particular question of the status of a school board or school district, the cases are hopelessly divided — no doubt because of the many varied ways in which the states have chosen to set up their educational systems. The different structures used by the different states have resulted in varying amounts of autonomy in the local districts. The Board of School Commissioners of Baltimore City has a somewhat hybrid nature. In some respects it is directly responsible to the State Department of Education; in others it is a creature of the City of Baltimore. The structure of Article 77 of the Maryland Annotated Code (1975 Replacement Volume) provides some insight into the status of the Board. Chapter 4 of that article is entitled “County Boards of Education.” The county boards (see Art. 77 §§ 34, 35, 35A, 35B, 36, 36A, 36B, 36C, 36D) are set up and closely regulated by state law as to composition, and appointment or election of members. State law also provides for close supervision of the county boards with regard to construction of school buildings (Art. 77 § 47), consolidation of schools (Art. 77 § 53) and curriculum and courses of study (Art. 77 § 55). By contrast, the school system for Baltimore City is treated very briefly in Chapter 12 of Article 77. That chapter grants plenary authority to the Mayor and City Council of Baltimore to establish a system of free schools in the City and to delegate certain of its powers to the Board. (Art. 77 § 142.) Chapter 12 also gives Baltimore City the power to levy a property tax upon real estate to defray the expenses of the school system. In summary, the structure of Article 77 reveals a plan involving close supervision of the county boards and delegation of authority to Baltimore City regarding its school system, requiring only that the Board report to the State Board of Education on the operation of the system (§ 145). The authority delegated by the State to the Mayor and City Council of Baltimore has been exercised in Article VII, §§ 58, 59 and 60 of the Charter of Baltimore City (1964 Revision). Section 58(a) establishes the Board of School Commissioners and provides for the appointment cf its members. Section 58(b) sets out the provisions for hiring and firing of personnel by the Board. Sections 58(c), (d) and (e) give the Board power to select school sites, determine specifications for school supplies and equipment and arrange for pupil transportation. All these powers are exercised subject to the control of the City, not the State. Finally, section 59 provides for the Board’s budget to be submitted to the Director of Finance, an executive official of the City. The defendants admit that the power of the Board to contract, to sue and be sued and to raise its own funds is derived from the City. It must be noted, however, that there are certain aspects of the Board’s operations which are directly governed by the State. Some sections of Article 77 of the Annotated Code of Maryland define the term “county” as including Baltimore City. Thus, the Board is under direct State control in such areas as collective bargaining (§§ 160 and 160A) and retirement systems (§ 190). Furthermore, the Board receives substantial financial assistance from the State. The final indicator of the Board’s status vel non as a state agency is a determination of which entity (City or State) would be responsible for a judgment levied against the Board. Article 77 § 56B(b) requires all county boards and the Board of School Commissioners of Baltimore City to carry at least one hundred thousand dollars in liability insurance. Any judgment against the Board would first be satisfied out of this fund. The remainder would be satisfied against the Mayor and City Council of Baltimore, since the Charter of Baltimore City establishes the Board. In summary, the Board is a hybrid creature. It is established by the City pursuant to power delegated by the State. It receives most of its powers from the City, but is regulated in certain limited operations by the State. It receives its funds from both the City and the State. On balance, however, the Board is an agency of the City rather than an alter ego of the State. As such, it can be sued without offense to the Eleventh Amendment. Ill THE CITY CHARTER In Count III of the complaint (Second Amended Complaint-A) plaintiff alleges that the hearing afforded to him was not the “hearing” contemplated in Article VII § 58(b) of the Baltimore City Charter, thus resulting in a violation of the Charter. First, it must be noted that this claim falls within the Court’s jurisdiction. Second, it seems most logical to treat the state law claim first, since this Court’s interpretation of the Charter will profoundly affect its resolution of plaintiff’s constitutional claims. See Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548, 560-61 (1972). Article VII § 58(b) of the Baltimore City Charter provides in pertinent part as follows: (b) The Board shall have the power and authority to appoint and remove at pleasure, following a hearing, if requested, a Superintendent of Public Instruction . . . . [emphasis supplied]. The Court construes the words “at pleasure” to mean that the Board may remove the Superintendent for any reason except an unconstitutional reason. The statute plainly omits any requirement that the removal be for good cause or any specific reason. This reading of the provision (mandated by the plain words) makes sense in light of the relationship between the Board and the Superintendent, and in light of the highly discretionary nature of the Superintendent’s job. The Board is composed of nine members, serving without compensation, whose function is to broadly oversee the workings of the system and to set educational policy in the system. The Superintendent has the highly discretionary task of implementing the Board’s general directions. In such a relationship, the pleasure of the superior is quite often the standard by which the employee is hired and fired. Given this reading of the words “at pleasure” the Court must now determine the meaning of the term “hearing.” Plaintiff suggests the word implies a complete adversarial process, an untenable position, particularly in light of other language in section 58(b). That section includes entirely different language with respect to removal of lower level officials: Any principal, teacher or other professional employee, below the rank of Assistant Superintendent, may be removed . by the Board only after charges preferred by the Superintendent and trial, If requested, had by the Board. [Emphasis supplied.] A comparison of this language with the language relating to the Superintendent’s removal clearly indicates a more formal procedure is contemplated for lower level officials than for the Superintendent. They are entitled to “charges preferred” and a “trial.” He is entitled only to a “hearing,” not a full adversary process. The Charter plainly contemplates that the Board must first make a tentative decision to remove the Superintendent. The Superintendent may then request a hearing to present reasons why be should not be removed. Plaintiff improperly suggests that this reading of the word “hearing” renders the proceeding a meaningless gesture. The hearing contemplated by the Charter should have several purposes. It provides the Superintendent with the reasons for his dismissal, allows him to attempt to persuade the Board that it is in error, prevents the Superintendent from being fired for an illegal reason and perhaps informs the public as to why a change is sought in their children’s education. Given this reading of the word “hearing,” it is clear that the plaintiff has no valid state law claim. He was afforded a public hearing before the Board. It lasted 60 hours and was conducted over the space of eleven days. He was zealously represented by two attorneys of his own choosing and through them questioned the Board members, put on his own witnesses and cross-examined the Board’s witnesses. This proceeding not only meets, but far exceeds, the statutory requirement of a “hearing.” IV THE DUE PROCESS CLAIMS In Counts I and II of the Complaint, plaintiff alleges that he was deprived of liberty and property without due process of law. These claims require the determination of a threshold question — -was plaintiff deprived of a liberty or property interest? 1. Deprivation of Property The leading cases on the question of property rights in public employment are Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), and Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). In Roth, the Court indicated the criteria and likely sources of a property interest: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire, for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it. . Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits. Roth, supra, 408 U.S. at 577, 92 S.Ct. at 2709, 33 L.Ed.2d at 561. On the strength of this rule, the Court held that a non-tenured teacher whose contract was not renewed had not been deprived of a property interest. In the companion case of Perry, supra, the Court made it clear that a property interest can arise from oral or implied understandings as well as explicit written contracts or laws: A written contract with an explicit tenure provision clearly is evidence of a formal understanding that supports a teacher’s claim of entitlement to continued employment unless sufficient “cause” is shown. Yet absence of such an explicit contractual provision may not always foreclose the possibility that a teacher has a “property” interest in reemployment. . A teacher, like the respondent, who has held his position for a number of years, might be able to show from the circumstances of this service — and from other relevant facts — that he has a legitimate claim of entitlement to job tenure. Perry, supra, 408 U.S. at 601 and 602, 92 S.Ct. at 2699, 33 L.Ed.2d at 580. The sort of informal understandings contemplated in Perry have been termed de facto tenure. An employee has been held to have a property interest in his job if he has “tenure or the equivalent of tenure.” Satterfield v. Edenton-Chowan Board of Education, 530 F.2d 567 (4th Cir. 1975); Williams v. Hyde County Board of Education, 490 F.2d 1231, 1233 (4th Cir. 1974); Kota v. Little, 473 F.2d 1, 3 (4th Cir. 1973); Johnson v. Fraley, 470 F.2d 179, 181 (4th Cir. 1972). Using these standards to measure plaintiff’s claim to a property interest, it is clear that plaintiff had no de jure property interest in the remainder of his “term” or in remaining Superintendent beyond his term. The City Charter indicates that the Superintendent can be discharged by the Board “at pleasure following a hearing if requested.” The rule is clear that a public employee who serves at the pleasure of a government or official does not possess a property right in his job. Brown v. Hirst, 443 F.2d 899 (4th Cir. 1971); Hodgin v. Noland, 435 F.2d 859 (4th Cir. 1970); Hirsh v. Green, 368 F.Supp. 1061 (D.Md.1973). The language of the Charter has been interpreted in Wysocki v. Board of School Commissioners (Superior Court of Baltimore City, 1971) (defendants’ exhibit No. 3) to mean that any binding contract between the Board and a Superintendent is illegal. The City Charter provides that the Board shall have the power and authority to remove at pleasure the Superintendent. This is absolute and cannot be bargained away or limited by contract. This provision of the Charter is written into all contracts. Wysocki, supra. The negotiations between the parties (see defendants’ exhibits 4, 5 and 6) indicate that they were aware of these limitations. Finally, the provisions of the Memorandum of Agreement (defendants’ exhibit No. 2) make the agreement expressly subject to the Charter provisions. The Charter provisions, the Memorandum of Agreement and the constructions of the Charter thus make it clear that plaintiff does not have a legitimate claim of entitlement to the rest of his “term.” A fortiori, he could not have such a claim of entitlement to services beyond the term. It is clear, then, that plaintiff did not have de jure tenure in his job. Plaintiff alleged in his complaint that the Baltimore City School System had for fifty years maintained a de facto tenure system regarding Superintendents. However, no evidence was offered to prove the existence of this system other than a stipulation as to the terms of office of all the Superintendents since 1915. This meager bit of evidence is insufficient to justify the conclusion that there were informal, oral understandings that justified plaintiff’s expectation of continued employment as Superintendent. Plaintiff’s argument for de facto tenure must also fail. At oral argument, plaintiff advanced one additional contention that he was deprived of a property interest. The Charter, he argued, guaranteed him the right to serve until removed following a hearing. The Charter does contain this guarantee and it can be argued that plaintiff had a property interest, i. e., a legitimate claim of entitlement, in not being removed before being afforded the hearing required by section 58(b) of the Charter. However, as noted herein, it is clear that plaintiff was afforded a hearing satisfying the requirements of section 58(b). Thus, plaintiff was not deprived of that interest. 2. Deprivation of Liberty In Count I of his complaint, plaintiff alleges that the reasons given by the Board for terminating him deprived him of a liberty interest. He cites the allegations contained in the Board’s Specifications (plaintiff’s exhibits 22 and 35 are two substantially identical versions of this document), the statements by the Board members at the hearing and the testimony of the Board witnesses at the hearing. The Specifications charge basically that: (a) Plaintiff failed to maintain adequate working relations with the Board because he could not accept criticism and direction, he interposed serious obstacles in the path of direct communication between lower level staff and the Board, and he refused to negotiate a proper contract of employment for himself. (b) Plaintiff created conditions inimical to the best interests of public education as a result of his personnel practices; he failed to delegate authority, failed to recruit the best personnel, and exhibited favoritism among personnel resulting in a decline of staff morale. (c) The Board and other city agencies had developed serious doubts about the plaintiff’s “credibility.” With regard to these Specifications, plaintiff testified as an expert qualified in the area of job qualifications for high level administrators in the field of education. His testimony was that the charges outlined above were quite serious and would preclude re-employment. In addition to the Specifications, plaintiff also points to the charges that were made at the hearing. Plaintiff has itemized these, and they total over 60 in number, grouped in several categories. Generally, the charges made at the hearing fit under the Specifications, but they may also be grouped as follows: (i) Charges which concerned poor personnel policies. These included failure to delegate authority, favoritism, failure to fill crucial positions, fostering of poor discipline, and failure to settle labor disputes. (ii) Charges which concerned inability to get along with the Board. These included verbal assaults on Board members, refusal to meet with Board members, bypassing the Board’s authority, restricting staff communication with the Board, and public criticism of the Board and the City Administration. (iii) Charges relating to lack of honesty or candor. These included making inaccurate statements on which the Board relied, withholding information from the Board, misrepresenting facts to the Board, falsification of Board minutes, and failure to order complete cooperation with a pending criminal investigation. (iv) Charges which relate to failure to cooperate with other city agencies, particularly the Department of Finance. These included late submissions of budgets, designating clerks as substitute teachers, payment of employees who had not worked, late payment of employees who had worked, failure to implement financial reform measures (suggested by an independent consultant), keeping phantom employees on the payroll, and bad inventory control. On these facts, the Court must determine if plaintiff (as a result of these charges) was deprived of a liberty interest. The leading case concerning the existence and deprivation of liberty interests is Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), where the Court indicated that an employee may be deprived of a liberty interest if he is fired for reasons which deprive him of his reputation or standing in the community, or which stigmatize him in such a way that he cannot obtain other employment in his chosen field of work. In articulating this rule, the courts have made it clear that charges, while not deeply damaging to character, may nevertheless preclude future employability and thus deprive the employee of a liberty interest. In Kota v. Little, 473 F.2d 1 (4th Cir. 1973), for example, the court, quoting with approval Judge Boreman’s concurrence in Johnson v. Fraley, 470 F.2d 179, 185 (4th Cir. 1972), said: “To sufficiently state a constitutional claim of denial of ‘liberty,’ a nontenured teacher whose contract has not been renewed must plead either that his ‘good name, reputation, honor or integrity’ has been damaged by, in addition to the non-renewal, the assignment of reasons for the nonrenewal, or he must plead that the State has imposed on him some ‘stigma’ or ‘other disability,’ in addition to the nonrenewal, which foreclosed his freedom to take advantage of other employment opportunities.” [Emphasis supplied.] See also McNeill v. Butz, 480 F.2d 314, 319 (4th Cir. 1973). Courts typically have had little trouble with the notion of a “reputational” liberty interest. There the requirements have been quite strict; allegations of public drunkenness, legal incompetence, dishonesty or fraud have been required. In the second class of cases, those in which only the “employability” liberty interest is threatened, the courts have been more troubled. Several cases have recognized that any firing damages future employability and yet have indicated that a firing by itself is not sufficient to jeopardize a liberty interest. Vance v. Chester County Board of School Trustees, 504 F.2d 820 (4th Cir. 1974); Kota v. Little, supra. Other cases have indicated that a firing for general dissatisfaction with job performance is not sufficient to result in a liberty deprivation even though it could make future employment harder to come by. In Russell v. Hodges, 470 F.2d 212, 217 (2nd Cir. 1972), Chief Judge Friendly said: Indeed, a general rule that informing an employee of job-related reasons for termination created a right to a hearing, in circumstances where there was no constitutional requirement for the state to do anything, would be self-defeating; the state would merely opt to give no reasons and the employee would lose the benefits of knowing what might profit him in the future. See also LaBorde v. Franklin Parish School Board, 510 F.2d 590 (5th Cir. 1975); Springston v. King, 399 F.Supp. 985 (W.D.Va. 1975); Calo v. Paine, 385 F.Supp. 1198 (D.Conn.1974) (suggesting that only those defects which are beyond the power of the employee to change are stigmatizing). The facts of this case require no nice distinctions regarding the employability liberty interest. Several of the charges go directly to plaintiff’s honesty — financial and otherwise. They clearly jeopardize his reputation and standing in the community. (See paragraphs (c), (iii) and (iv) above.) Many of the other charges, it is true, do not damage plaintiff’s general reputation and standing; therefore they go only toward his employability interest. Nevertheless, they do not pose close cases. They charge him with serious mismanagement of personnel and finances, and a rather serious inability to work under, and be directed by, the Board — his direct superior. The defendants suggest that they are not responsible for the publicity of the charges and so are not responsible for depriving plaintiff of his liberty interests. LaBorde v. Franklin Parish School Board, 510 F.2d 590, 593 (5th Cir. 1975); Springston v. King, 399 F.Supp. 985, 988 (1975). This argument suggests a salutary maxim except that it places a discharged employee in a difficult position. If he wishes to be heard in his defense, he takes the chance that any damage to his reputation adduced at the hearing will be chargeable to him and not to his employer. In the instant case, it is uncontroverted that plaintiff was responsible for the publication of the evaluation report, but that he did not publish the Specifications. (Indeed, the record contains no evidence as to who published the Specifications.) Furthermore, it is uncontroverted that plaintiff requested a public hearing (he had a choice of a public or private hearing), and made quite sure that it was as public as possible. The transcript of the hearing reveals several instances where plaintiff’s counsel insisted that additional people be allowed into the hearing room. Although the public nature of the hearing was clearly plaintiff’s responsibility, it cannot be stated that the plaintiff, by attempting to publicly clear his name, has thereby accepted full responsibility for any additional smirch that occurred at the public hearing. Such a rule, generally applied, would inhibit a discharged employee from seeking publicly to clear his name, even though public charges had already been lodged against him. There is no clearly accepted rule to govern this issue; the policy considerations are closely balanced, and the facts of this case are also equivocal. Even if it were to be assumed that plaintiff’s deprivation of his liberty interest resulted from the Specifications and testimony at the hearing, plaintiff cannot prevail since he received all the process which was due him. 3. Due Process In determining whether a person has been afforded due process, it is often helpful (before investigating the individual “elements” of due process) to reformulate the general question as follows: was plaintiff afforded all the process that was due him in light of all the facts and circumstances of his case? This reformulation is helpful since the hallmark of due process is its flexibility. “The very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation.” Cafeteria & Restaurant Workers Union v. McElroy, 367 U.S. 886, 895, 81 S.Ct. 1743, 1748, 6 L.Ed.2d 1230, 1236 (1961); Simard v. Board of Education, 473 F.2d 988 (2nd Cir. 1973). However, courts have attempted to formulate certain general categories or criteria (often called “ingredients of due process”) against which the fairness of a particular procedure can be judged. Typically these have included: (a) Notice and specification of the charges. (b) Opportunity to be heard. (c) Opportunity to confront accusers. (d) An impartial tribunal. Satterfield v. Edenton-Chowan Board of Education, 530 F.2d 567 (4th Cir. 1975); Vance v. Chester County Board of School Trustees, 504 F.2d 820 (4th Cir. 1974); Grimes v. Nottoway County School Board, 462 F.2d 650, 653 (4th Cir. 1972). While listing these elements, the same opinions have been careful to note that the content of these elements may differ widely in light of the parties, the subject matter and the circumstances involved. Vance, supra at 824; Grimes, supra at 653; Ferguson v. Thomas, 430 F.2d 852, 856 (5th Cir. 1970). Indeed, in certain situations, some of the ingredients disappear altogether. In Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975), for example, there is no mention of an impartial tribunal or the right to confront accusers. In assessing those elements of due process applicable to the instant case, and the content of each element, it must be kept in mind that plaintiff has not proved a deprivation of property. Rather, his proof establishes at most a deprivation of liberty. The purpose of a hearing in such cases is to afford the discharged employee an opportunity to clear his name and reputation, and to remove any stigma which might affect his future employability. Arnett v. Kennedy, 416 U.S. 134,157, 94 S.Ct. 1633,1645-46, 40 L.Ed.2d 15, 35 (1974); Board of Regents v. Roth, 408 U.S. 564, 573, 92 S.Ct. 2701, 2707, 33 L.Ed.2d 548, 558-59 (1972). (a) Notice and Specification of the Charges It is undisputed that the courts have considered notice to be one of the crucial elements of due process. The question, then, is how much notice is sufficient. The general rule is that a person who is to be affected by administrative action must be given notice sufficient to apprise him of the proposed government actions so that he may oppose it if he desires. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950). Furthermore, one to be affected by administrative action must be apprised of the charges against him in such specifics and at such a time as to permit meaningful preparation of a response. In Re Ruffalo, 390 U.S. 544, 550, 88 S.Ct. 1222, 1225-26, 20 L.Ed.2d 117, 121-22 (1968); In Re Gault, 387 U.S. 1, 33, 87 S.Ct. 1428, 1446, 18 L.Ed.2d 527, 549 (1967). Obviously, each case must be decided on its own peculiar facts with certain general guidelines to follow. It is clear, for example, that notice which occurs on the day of the hearing is rarely adequate. See, e. g., In Re Gault, supra; Holland v. Oliver, 350 F.Supp. 485 (E.D.Va.1972). Excessively general charges are also typically insufficient. (In Gault, for example, a general charge of “delinquency” was found to be constitutionally infirm.) A diversity of opinion on the requirements of adequate notice can be found in public employment cases. In Wagner v. Little Rock School District, 373 F.Supp. 876, 883 (E.D.Ark.), the court said: In most cases due process notice contemplates accusations of specific acts or patterns of conduct unequivocally identified rather than general charges relating to attitudes and behavior patterns unsupported by specific factual allegations. Other cases have held that an employee need not be informed of each piece of evidence to be adduced against him. Rather, general allegations about patterns of conduct are sufficient. Robison v. Wichita Falls and North Texas Community Action Corporation, 507 F.2d 245 (5th Cir. 1975); English v. North East Board of Education, 385 F.Supp. 1174 (W.D.Pa.1974); Karstetter v. Evans, 350 F.Supp. 209, 211 (N.D.Tex. 1971). Plaintiff testified that the Specifications (plaintiff’s exhibit 35) were excessively general and that he did not have the slightest idea of the conduct referred to or how to meet the charges. This testimony is not credible in light of what had preceded the Specifications. Prior to receiving the Specifications, plaintiff had spent over 30 hours in evaluation sessions with the Board. Eventually the Board issued a report of its evaluation (plaintiff’s exhibit 18) containing ratings of plaintiff’s performance in various areas. An examination of the Evaluation Report and the Specifications shows the following correlations: Evaluation Specification No. No. Subject Matter 1. (A) I. (B) Inability to accept criticism 1. (B) I. (B) Inability to maintain harmonious relations with the Board (A) III. (D) Decline in staff morale (B) 111. (D) Favoritism among staff (C) III. (D) Inability to delegate authority 2. (D) III. (D) Failure to recruit and assign best personnel III. (C) Poor personnel policies I. (C) Employment and promotions of personnel (generally) III. (C) Personnel policies Summary E Credibility With regard to each of the evaluation sections listed, plaintiff received a rating of below adequate. Having sat through the evaluation proceeding (which was conducted according to the order of the Evaluation Criteria — plaintiff’s exhibit 5), it should have been a relatively straightforward task for plaintiff to examine the below-adequate ratings and consult his notes or transcriptions of the evaluation proceedings to determine exactly which incidents the Board was relying on to support the Specifications. It should be noted also that plaintiff had both the Specifications and the Evaluation Report by June 4, 1975, nearly a month before the hearing commenced. Plaintiff testified that as to each of the over sixty charges made by the Board members at the hearing, he had no notice. He also indicated that, with proper notice, he could have refuted the charges by the testimony of witnesses, the production of documents and his own explanations. Once again, this testimony is not credible. A careful examination of the transcript of the evaluation proceedings indicates the great majority of the charges made at the hearing were also areas of concern at the evaluation sessions. Plaintiff admits that many of the same areas were discussed, but suggests that the tone of the evaluation proceedings was not accusatorial, and that he believed that the Board members’ concerns had been laid to rest. The “below adequate” ratings in the relevant areas of the Evaluation Report and the Specifications should have been sufficient to disabuse plaintiff of these impressions and certainly put him on notice of the Board’s concerns. Some of the charges made at the hearings were not presaged by any discussions at the evaluation sessions. Foremost among these are certain allegations with respect to plaintiff’s personal integrity and demeanor (supplying the Board with incorrect information, making misrepresentations to the Board, derogatory speeches about the Board and City Hall, denying audiences to Board members). Plaintiff’s concern is not supported by the evidence. First, several of the charges could come under the general notion of lack of credibility (Specification No. 3). More importantly, these were instances about which plaintiff had direct and personal knowledge. He could have investigated them after the charges were made (the Board’s case terminated on July 3, 1975; and his case lasted until July 13, 1975) and responded to them with his own testimony. Neither complicated research, nor production of files, nor testimony of witnesses was required; nevertheless plaintiff did not choose to testify. Plaintiff’s most serious complaint is that he was surprised at the hearings with complaints from the Board members but chiefly from Board witnesses regarding slovenly and perhaps even dishonest financial management. It is clear that this testimony was not offered for the purpose of showing plaintiff’s financial ineptitude. Rather, it was offered to show (pursuant to Specification No. 3) that plaintiff had lost the confidence of the Department of Finance — a city agency with which plaintiff was required to work closely. As such, Specification No. 3 and the numerous references to difficulties with the Finance Department contained in the evaluation proceedings should have provided some notice to plaintiff. However, plaintiff claims that the Evaluation Report constituted misleading notice since he was rated adequate in financial areas. Plaintiffs claim of surprise as a result of the testimony as to financial irregularities deserves some comment, but it cannot bring success to plaintiff’s claim inasmuch as the Board permitted plaintiff’s counsel to delay his cross-examination of these witnesses. The witnesses testified on July 2, 1975, and were not cross-examined until July 10, 11 and 12, 1975. Furthermore, important documentary evidence (Benton’s report) was available to plaintiff’s attorney during that time period. By July 10, plaintiff had complete notice of the financial testimony and should have been able to respond to it. Plaintiff argues that this notice, while complete, was untimely and relies on the “same day” notice cases such as In Re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967), and Holland v. Oliver, 350 F.Supp. 485 (E.D. Va.1972), suggesting that these cases stand for the proposition that notice given once a proceeding has begun is not timely. The cases do not support plaintiff’s position. They dealt with notice given on the same day as a one day hearing. The hearing in the instant case spanned two weeks; thus giving plaintiff adequate time to prepare a response. One final observation should be made with respect to the financial testimony. It did not deal with obscure matters with which plaintiff and his attorney were unfamiliar. Rather, it dealt with major matters of which plaintiff admittedly had prior personal knowledge. Also, plaintiff’s attorney no doubt knew of most of these matters from his prior service on the School Board throughout much of the time in question. This observation points out that plaintiff, as a top level school administrator, and his attorney, as a lawyer and former member of the Board, were in an ideal position to permit rapid retrieval and presentation of any evidence relevant to the charges. The ten-day period which they had was sufficient. As a result of the Specifications, the Evaluation Report and sessions, and the delayed cross-examination permitted by the Board, plaintiff had sufficient, timely and specific notice of all the charges in order to formulate a meaningful reply. (b) Opportunity to be Heard Along with notice, the opportunity to be heard is the fundamental bulwark of due process. When all other procedural safeguards are weeded out because of pressing government interests, these two remain. The basic rule regarding opportunity to be heard is that it be presented at “a meaningful time and in a meaningful manner.” Armstrong v. Manzo, 380 U.S. 545, 552, 85 S.Ct. 1187, 1191, 14 L.Ed.2d 62, 66 (1965); Grannis v. Ordean, 234 U.S. 385, 34 S.Ct. 779, 58 L.Ed. 1363 (1914). What amounts to a “meaningful” opportunity to be heard must depend on the competing interest involved, and all the facts and circumstances of each individual case. Cafeteria & Restaurant Workers Union v. McElroy, 367 U.S. 886, 895, 81 S.Ct. 1743, 1748-49, 6 L.Ed.2d 1230,1236 (1961); Vance v. Chester County Board of School Trustees, 504 F.2d 820, 824 (4th Cir. 1974); Grimes v. Nottoway County School Board, 462 F.2d 650, 653 (4th Cir. 1972); Schoonfield v. Mayor and City Council of Baltimore, 399 F.Supp. 1068 (D.Md.1975). Two preliminary points should be made before considering the evidence. First, the timeliness of the hearing is not in question here. In many cases (see e. g., Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974); Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970); Huntley v. North Carolina, 493 F.2d 1016 (4th Cir. 1974)) the issue is whether a hearing must be provided before or after the deprivation. That issue does not arise here since the plaintiff was not terminated until after his hearing. Second it should be noted that the only plausible claim that plaintiff has to due process is a denial of a liberty interest. In such cases the courts have held that the purpose of the hearing is to allow the discharged employee an opportunity to clear his name. The most striking piece of evidence in the case is a 2500-page transcript of the hearings. These proceedings lasted 60 hours and were spread out over a two-week period. Plaintiff called 40 witnesses, and his counsel carefully cross-examined the Board members and the Board’s witnesses. The Plaintiff has not cited, nor has research disclosed, a case where such an extensive hearing was held to be an inadequate opportunity to defend a discharged employee’s liberty interest. One of the plaintiff’s arguments is that the Board supplied him with insufficient notice of the charges made at the hearing, thus depriving him of an adequate opportunity to be heard. Plaintiff is correct in noting that there is a close relationship between notice and opportunity to be heard. Having commented on this relationship on the issue of notice, the general question need not be dealt with again. One specific item, however, must be addressed. At trial, plaintiff indicated that he and his attorneys had formulated a strategy for meeting the Specifications. The strategy was to call witnesses from a cross section of the school community in order to rebut the Specifications. Plaintiff suggests that the charges made at the hearing caused severe modifications in the strategy and thereby significantly diminished the actual time plaintiff had to present his case. This argument is really another view of the notice claim. The due process clause guarantees that all the charges which affect an employee’s liberty interest be made known to him in adequate time to prepare a response. It does not guarantee a blueprint of the evidence since testimony of individuals cannot be anticipated completely. It appears that plaintiff’s difficulties stemmed in large part from a stubborn adherence to his pre-hearing strategy and a fervent desire to try the case in public rather than reap the benefits of a due process hearin