Ex Parte McLeod

I concur to reverse the judgment of the Court of Civil Appeals, for the reasons stated below.

The question presented is whether Mr. McLeod and Ms. Dinkins have attained "continuing service status" or "tenure" as full-time instructors at Wallace State Community College. More specifically, we granted certiorari review as to two issues raised by the petition: (1) whether the Court of Civil Appeals wrongly decided a question of first impression, that is, "whether the Fair Dismissal Act, Ala. Code 1975, § 36-26-100 et seq., covers instructional personnel at Alabama's two-year institutions of higher…