Amphitheater Unified School District 10 v. Harte

624 P.2d 1281, 128 Ariz. 233, 1981 Ariz. LEXIS 161, 32 Fair Empl. Prac. Cas. (BNA) 181
CourtArizona Supreme Court
DecidedFebruary 13, 1981
Docket14806
StatusPublished
Cited by18 cases

This text of 624 P.2d 1281 (Amphitheater Unified School District 10 v. Harte) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amphitheater Unified School District 10 v. Harte, 624 P.2d 1281, 128 Ariz. 233, 1981 Ariz. LEXIS 161, 32 Fair Empl. Prac. Cas. (BNA) 181 (Ark. 1981).

Opinions

HOLOHAN, Vice Chief Justice.

By Special Action the petitioner, Amphitheater Unified School District # 10, challenges the action of the Superior Court of Pima County in its denial of petitioner’s motion to dismiss an employment discrimination suit filed against it by the Civil Rights Division of the Attorney General’s office. We accepted jurisdiction pursuant to Art. 6, § 4 of the Arizona Constitution.

The essential facts are that the Civil Rights Division filed an employment discrimination action against Amphitheater Unified School District # 10 whereby it alleged that Amphitheater discriminated [234]*234against Jillyn B. Smith by not hiring her to fill the position of football coach-biology teacher. The Civil Rights Division sought individual relief for Ms. Smith along with an injunction, forbidding Amphitheater from coupling academic teaching positions with part-time coaching positions in male dominated sports.

The petitioner raises two primary contentions:

1. That the Attorney General is prevented by statute from bringing an eim ployment discrimination suit against a school district;
2. That the Attorney General may not bring suit against the petitioner because it constitutes a conflict of interest.

The petitioner contends that the Attorney General is specifically proscribed by A.R.S. § 41-1481(D) from bringing an employment discrimination action against petitioner. The statute reads:

“If within thirty days after the [civil rights] division has made a determination ... the division may bring a civil action against the respondent, other than the state, named in the charge.... Upon timely application, the court may in its discretion permit the division to intervene in civil actions in which the state is not a defendant upon certification that the case is of general public importance.”

The Attorney General has no common law powers, but only such powers as are conferred by the state constitution or by statute. Arizona State Land Department v. McFate, 87 Ariz. 139, 348 P.2d 912 (1960). The statute quoted above specifically restricts the Attorney General from independently bringing suit in employment discrimination cases where “the state [is] named in the charge” or “in which the state is a defendant.” It is the petitioner’s position that the term “state,” as used in this instance, included school districts.

Arizona case law has not clearly determined the precise nature of a school district. In Sorenson v. Superior Court in and for Maricopa County, 31 Ariz. 421, 254 P. 230 (1927), this court held that a high school district is a political subdivision of the county. In Jarvis v. Hammons, 32 Ariz. 124, 256 P. 362 (1927), modified, 32 Ariz. 318, 257 P. 985 (1927), the court held that a school district is a legal entity separate and distinct from the county within whose physical boundaries it lies. In State v. Davey, 27 Ariz. 254, 232 P. 884 (1925), and in Hernandez v. Frohmiller, 68 Ariz. 242, 204 P.2d 854 (1949), the court referred to school districts as political subdivisions of the state.

A majority of other jurisdictions classify school districts as political or civil subdivisions of the state. Lovell v. School District No. 13, 172 Or. 500, 143 P.2d 236 (1943); Wichita Public Schools Employees Union, Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357 (1964); Bagby v. School District No. 1, 186 Colo. 428, 528 P.2d 1299 (1974); Watts v. Double Oak Independent School District, 377 S.W.2d 779 (Tex.Civ.App.1964); Cotton States Mutual Insurance Co. v. Keefe, 215 Ga. 830, 113 S.E.2d 774 (1960); Skelly v. Westminster School District of Orange County, 103 Cal. 652, 37 P. 643 (1894); 78 C.J.S. Schools and School Districts § 24 (1952).

We are satisfied that the proper classification of school districts is that of political subdivisions of the state. As thus defined, the question at issue may be restated: Does the term “state” as used in A.R.S. § 41-1481(D) include political subdivisions?

The term “state” is not specifically defined in the statute at issue nor in any of the other statutory provisions dealing with the same subject matter. In such instances, unless it appears from the context or otherwise that a different meaning should control, the usual meaning of the word should be applied. State v. Carter, 123 Ariz. 524, 601 P.2d 287 (1979); Kilpatrick v. Superior Court in and for Maricopa County, 105 Ariz. 413, 466 P.2d 18 (1970); State ex rel. Frohmiller v. Hendrix, 59 Ariz. 184, 124 P.2d 768 (1942).

The usual meaning of the term “state” is not easily determined because it has been defined and used in various ways in statutes and court decisions. Where a word in [235]*235a statute is susceptible of more than one meaning the court must adopt such interpretation as is reasonable. In seeking the reasonable interpretation the court will consider the statute as a whole to determine its intent and purpose. Employment Security Commission of Arizona v. Fish, 92 Ariz. 140, 375 P.2d 20 (1962).

The definitions applicable to the statutory article on discrimination in employment help to refine the intent of the legislature. In A.R.S. § 41-1461(2) the term “Employer” is defined as “a person who has fifteen or more employees.” The same section defines the term “Person” to mean: “[0]ne or more individuals, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.” A.R.S. § 41-1461(5) (emphasis supplied). We believe the above clearly indicates that the legislature recognized political subdivisions as separate entities.

It is also helpful to refer to the federal legislation from which A.R.S. § 41-1481(D) was derived. The federal statute is 42 U.S.C. § 2000e-5(f)(l) (1970).

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Amphitheater Unified School District 10 v. Harte
624 P.2d 1281 (Arizona Supreme Court, 1981)

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Bluebook (online)
624 P.2d 1281, 128 Ariz. 233, 1981 Ariz. LEXIS 161, 32 Fair Empl. Prac. Cas. (BNA) 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amphitheater-unified-school-district-10-v-harte-ariz-1981.