Board of Education v. Waihee

768 P.2d 1279, 70 Haw. 253, 1989 Haw. LEXIS 9
CourtHawaii Supreme Court
DecidedFebruary 10, 1989
DocketNO. 12877
StatusPublished
Cited by15 cases

This text of 768 P.2d 1279 (Board of Education v. Waihee) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Waihee, 768 P.2d 1279, 70 Haw. 253, 1989 Haw. LEXIS 9 (haw 1989).

Opinion

*256 OPINION OF THE COURT BY

NAKAMURA, J.

The Circuit Court of the First Circuit dismissed the action for declaratory and injunctive relief brought by the Board of Education (the Board), some of its members suing individually, and the Hawaii State Teachers Association (HSTA) 1 against the Governor and the Director of the Department of Budget and Finance on the ground that the case involved nonjusticiable “political questions.” Reviewing the record on appeal, we conclude the intra-executive branch disputes described in the plaintiffs’ amended complaint are capable of judicial resolution. But we further conclude the defendants are entitled to judgment as a matter of law, and we remand the case to the circuit court for entry of an appropriate judgment.

I.

A.

The Governor, in whom “[t]he executive power of the State [is] vested,” is responsible under the State Constitution “for the faithful execution of the laws.” Hawaii State Constitution (Haw. Const.) art. V, §§ 1 and 5. He is responsible too for the submission “to the legislature [prior to the opening of each regular session in an odd-numbered year of] a budget in a form provided by law setting forth a complete plan of proposed expenditures of the executive branch[.]” Haw. Const, art VII, § 8. “[UJpon the opening of each such session, [he] submitfs] bills to provide for such proposed expendituresf,]” id., and the legislature enacts “an appropriation bill or bills providing for the anticipated total expenditures of the State for the ensuing fiscal biennium.” Id. § 9. Since general fund expenditures exceeding the State’s current general fund revenues and unencumbered cash balances are interdicted by the State Constitution, it also mandates that “ [provision for the control of the rate of expenditures of appropriated *257 state moneys, and for the reduction of such expenditures under prescribed conditions, shall be made by law.” Haw. Const, art. VII, § 5.

The Governor exercises control over the executive budget through the Department of Budget and Finance, which is headed by the Director of Finance. Pursuant to Hawaii Revised Statutes (HRS) § 26-8, the department is charged with “the preparation and execution of the executive budget of the state government;” it is also directed thereunder to “conduct a systematic and continuous review of the finances, organization, and methods of each department of the State to assist each department in achieving the most effective expenditure of... public funds and to determine that such expenditures are in accordance with the budget laws and controls in force[.]”

The department within the executive branch charged with oversight. of the statewide system of public schools is the Department of Education, which is headed by an executive board known as the Board of Education. HRS § 26-12. The Board is vested under the State Constitution with “power, as provided by law, to formulate policy and to exercise control over the public school system[;]” it has “jurisdiction over the internal organization and management of the... system, as provided by law[.]” 2

B.

The plaintiffs instituted their suit for declaratory and injunctive relief against George R. Ariyoshi, then Governor of the State, and Jensen S. L. Hee, then Director of Finance, on November 6,1985, seeking “to determine the powers of the BOARD to formulate policy and exercise control over the public school system and the internal organization and management of that system[.]” They subsequently substituted Governor John Waihee and the incumbent Director of Finance, Yukio Takemoto, as defendants and amended their complaint, claiming therein that the ability of *258 the Board and the Department of Education (DOE) “to plan and efficiently execute many ... programs, to set priorities for those programs, hire the necessary personnel, and perform certain necessary repairs and maintenance of school facilities” had been destroyed or limited by the defendants’ actions. They also alleged the Board’s powers under the State Constitution had been usurped by the defendants in other ways.

The lengthy twenty-seven page complaint recounted in detail the numerous actions of the defendants constituting, in the plaintiffs’ view, undue interference with or usurpation of the Board’s powers. In sum, the plaintiffs specifically averred: (1) the defendants interfered with “the power of the Board to formulate policy and exercise control over the public school system in presenting the DOE budget to the legislature];]” (2) the Governor interfered with “the Board’s implementation of the budget passed by the legislature by failing to use the constitutional power of veto but instead imposing arbitrary and capricious spending restrictions];]” (3) the defendants and other state departments interfered with “the Board’s administration of its budget, programs, and assets after the budget ]was] approved by both the legislature and the governor];]” (4) the defendants interfered with “an internal reorganization plan prepared by the DOE and approved by the Board Tin] violation of the constitutional provisions ... specifically granting] the Board jurisdiction over the internal organization and management of the public school system];]” (5) the Governor refused to “assign the functions of school maintenance and repair, the operation of the school bus system, and the maintenance and operation of teacher housing to the Board, where [these] functions properly belong as part of the internal organization and management of the public school system];]” and (6) the Governor “imposed and continues to impose improper delays and restrictions on the Board’s power to adopt rules” pursuant to the Administrative Procedure Act.

After “[a] substantial amount of discovery was had on both the original and amended [c]omplaint[s],” the defendants moved for dismissal of the complaint or for summary judgment. 3 They sought dismissal on grounds that the case involved nonjusticiable questions, the plaintiffs lacked standing to bring the action, and the case was moot; they sought summary judgment on grounds that the State Constitution did “not ex *259 empt the [Board] and the [DOE] from the budget preparation and budget execution policies of the State, even if such policies affect the internal organization or management of the public school systemO” and the relevant actions of “the Governor and the Director of Finance [were] within their respective constitutional and statutory authority.” The circuit court held the case “involve[d] political questions . . . inappropriate for [judicial] resolution” and dismissed the suit, citing our decision in Trustees of OHA v. Yamasaki and Trustees of OHA v. Hong, 69 Haw. _, 737 P.2d 446, cert. denied, _ U.S. _, 108 S. Ct. 234 (1987), in support of its ruling.

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Cite This Page — Counsel Stack

Bluebook (online)
768 P.2d 1279, 70 Haw. 253, 1989 Haw. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-waihee-haw-1989.