Aillet v. Lafayette Parish School Board

154 So. 3d 768, 14 La.App. 3 Cir. 585, 2014 La. App. LEXIS 2918, 2014 WL 6911639
CourtLouisiana Court of Appeal
DecidedDecember 10, 2014
DocketNo. 14-585
StatusPublished
Cited by2 cases

This text of 154 So. 3d 768 (Aillet v. Lafayette Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aillet v. Lafayette Parish School Board, 154 So. 3d 768, 14 La.App. 3 Cir. 585, 2014 La. App. LEXIS 2918, 2014 WL 6911639 (La. Ct. App. 2014).

Opinion

GREMILLION, Judge.

|,In this teachers’ salary and back-pay dispute, the Lafayette Parish School Board (LPSB) appeals the grant of the Motion for Summary Judgment filed by the plaintiffs/appellees, Jan Aillet and Marilyn Dou-cet. For the reasons that follow, we affirm.

FACTS

The facts of this matter are not disputed. The school board chartered Charter High School (Charter). Charter was a school that held session from 2:00 to 9:00 p.m. and catered to extremely at-risk students, many with children, some homeless. In 2006, Mrs. Aillet began working at Charter half-time as a librarian, except during summers, when she worked at Charter full-time. She continued to work there half-time until 2010, when she began working there full-time following the closure of the other school at which she worked half-time. Her compensation at Charter was based upon a 244-day school year for which she was paid $328.29 per day.

Mrs. Doucet moved to the Lafayette Parish School System in 2005 after many years teaching English in the Avoyelles Parish Schools. She began at Charter upon moving to the Lafayette System. Her compensation was based upon a 244-day school year as well, earning $298.08 per day.

Charter, though, was closed by the school board in 2012. The faculty and staff were informed of this change in meetings with' school board personnel. Mrs. Aillet was reassigned from Charter to Lafayette High School (LHS). Her compensation there was based upon a 182-day school year at $330.85 per day. Mrs. Dou-cet, who was reassigned to N.P. Moss Preparatory, began being | ^compensated on the same basis at $308.30 per day. Both filed suit against the school board and asked for back pay and reinstatement of their 2011 salaries.

Both sides of the dispute filed motions for summary judgment. Both motions relied upon the same three exhibits: the depositions of Mrs. Aillet and Mrs. Doucet and the affidavit of Mr. Bruce Leininger, the LPSB Director of Human Resources. The trial court heard argument in this matter and ruled in favor of Mrs. Aillet and Mrs. Doucet. LPSB was ordered to reinstate their 2011-2012 salaries and pay back-pay retroactive to the beginning of the 2012-3013 school year.

LPSB assigns the following as errors:

A. The district court erred by finding that Appellant’s actions were a violation of Louisiana Tenure Law (and Louisiana Revised Statutes 17:418) thereby entitling [Appellees] to pay for months not worked.
B. The district court erred by rendering a judgment, the effect of which violates the Article 7, Section 14 of the Louisiana Constitution’s prohibition against the donation of public funds.

DISCUSSION

Because this matter comes before us on summary judgment, we will briefly review the standards we, as an appellate court, are to employ:

Courts of appeal review summary judgments de novo applying the same analysis as the trial court. Schroeder v. Bd. of Supervisors of La. State Univ., 591 So.2d 342 (La.1991). Summary judgment is governed by La.Code Civ.P. arts. 966 and 967. Article 966 provides that while the burden of proving entitlement to summary judgment rests with the mover, if the mover will not bear the burden of proof at trial on the matter that is before the court on the motion [771]*771for summary judgment, the mover’s burden does not require him to negate all essential elements of the adverse party’s claim, action or defense, but rather to point out that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. Hardy v. Bowie, 98-2821 (La.9/8/99), 744 So.2d 606.

1 Berard v. Home State County Mut. Ins. Co., 11-1372, p. 2 (La.App. 3 Cir. 5/9/12), 89 So.3d 470, 471-72.

The laws governing teacher tenure are found in Title 17 of the Louisiana Revised Statutes. Mrs. Aillet and Mrs. Doucet maintain that the school board violated La.R.S. 17:418(0(1)1 by reducing their salaries. LPSB maintains that the salaries are subject to reduction by virtue of La.R.S. 17:444.2

Louisiana Revised Statute 17:418(0(1) provides:

C. (1) The amount of the annual salary paid to a teacher or other school employee in any school year shall not be reduced below the amount of such salary paid during the previous school year, nor shall the amount of the annual salary paid to such school personnel be reduced at any time during an academic year.

Thus, according to the appellees’ argument, their salaries could not be reduced from their salaries in 2011.

Louisiana Revised Statute 17:444 provides, in pertinent part:

B. (1) Whenever a teacher who has acquired tenure, as set forth in R.S. 17:442, in a local public school system or the special school district is promoted by the superintendent by moving such teacher from a position of lower salary to one of higher salary, such teacher shall not be eligible to earn tenure in the position to which he is promoted, but shall retain any tenure acquired as a teacher, pursuant to R.S. 17:442.

LPSB argues that the pay of the appellees can be reduced because they had acquired tenure at lower salaries and are therefore not eligible for tenure at the higher-salaried positions.

This situation poses a serious conflict between two statutes. ‘Words and phrases shall be read in context and shall be construed according to the common and approved usage of the language.” La.R.S. 1:3. “Laws on the same subject [4matter must be interpreted in reference to each other.” La.Civ.Code art. 13. When possible, laws that conflict should be construed together to. harmonize them. Killeen v. Jenkins, 98-2675 (La.11/5/99), 752 So.2d 146. We are also mindful of the principle that a statute that specifically covers a subject take precedence over one that generally applies. Delahoussaye v. Thibodeaux, 498 So.2d 1137 (La.App. 3 Cir.1986), writ denied, 501 So.2d 236 (La. 1987).

LPSB cites two cases for the court to consider. In Kemp v. Jefferson Parish School Board, 305 So.2d 744 (La.App. 4 Cir.1974), tvrit denied, 309 So.2d 346 (La. 1975), the school board reduced the salaries and working hours of several principals and assistant principals. The plaintiffs, who had been adversely affected by this reduction and the concomitant reduc[772]*772tions in salary, sought reinstatement. The fourth circuit held, based on its earlier ruling in Mouras v. Jefferson Parish School Board, 300 So.2d 540 (La.App. 4 Cir.), writ denied, 302 So.2d 619 (La.1974), that this action did not violate the teachers’ tenure laws.

The problem with Kemp and Mouras is that those cases relied on earlier versions of both the teachers’ salary law and teachers’ tenure law. The statutes governing teacher pay, which had formerly been scattered among several sections of Title 17, was amended by 2012 Louisiana Acts No. 1, effective July 1, 2012, after the appel-lees’ causes of action arose, and redesig-nated them as La.R.S. 17:418.

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154 So. 3d 768, 14 La.App. 3 Cir. 585, 2014 La. App. LEXIS 2918, 2014 WL 6911639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aillet-v-lafayette-parish-school-board-lactapp-2014.