Board of Regents of the University of Oklahoma v. Baker

1981 OK 160, 638 P.2d 464, 1981 Okla. LEXIS 324
CourtSupreme Court of Oklahoma
DecidedDecember 22, 1981
DocketNo. 56116
StatusPublished
Cited by16 cases

This text of 1981 OK 160 (Board of Regents of the University of Oklahoma v. Baker) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Regents of the University of Oklahoma v. Baker, 1981 OK 160, 638 P.2d 464, 1981 Okla. LEXIS 324 (Okla. 1981).

Opinion

IRWIN, Chief Justice:

In 1979 the Oklahoma Legislature approved Senate Joint Resolution No. 9 (SJR9) which directed all state agencies, including the Board of Regents (Board) of the University of Oklahoma, to increase the salary of all employees by six percent for fiscal year 1979-80.1 Appellees are employed by the State of Oklahoma as faculty members of the University but Board did not grant them the six percent salary increase. Appellees commenced mandamus proceedings to compel Board to pay them the salary increase as prescribed by SJR9.

Board defended the action on the grounds that the Oklahoma Legislature has no legal authority to determine pay increases for [466]*466such employees because it constitutes an impermissible interference with the constitutional authority vested in the Board by Oklahoma Constitution, Article XIII, § 8 and as applied to the University of Oklahoma, SJR9 is unconstitutional.

Article XIII, § 8, Okl.Const. provides:

“The government of the University of Oklahoma shall be vested in the Board of Regents * * * to be appointed by the Governor by and with the consent of the Senate * * *”

The district court determined that Board does have exclusive authority to determine faculty salaries, but further found that since SJR9 “is directed toward the single purpose to fight the war on inflation,” an important and “compelling” matter of “statewide concern,” legislative pre-emption of Board authority was justified. The writ of mandamus was granted and Board appealed.

The district court’s conclusion that SJR9 was directed toward a single purpose cannot be sustained. The focus in this case at trial and before this court has been upon the minimum salary increase provision of SJR9. Appellees claim only two legislative purposes underlie this mandate: to provide sufficient salaries to state employees to attract and keep qualified personnel, and to insure that all state employees, including university and college employees, receive adequate compensation. The issue in this case is, therefore, a narrow one: Does Article XIII, § 8, vest exclusive authority in Board to determine faculty salary increases?

Board argues that the authority to set faculty salaries is inherent in the power to govern the University, and that this constitutionally delegated power cannot be exercised by both it and the Legislature. Ap-pellees contend that the minimum salary increase provision is a reasonable, non-discriminatory provision which neither concerns matters essential to the University’s academic mission nor imposes any of the evils against which Article XIII, § 8, is directed.2

While the law-making power of the Legislature is supreme within its proper sphere, that power may be restricted and limited by constitutional provisions. State ex rel. Grand Jury of McCurtain County v. Pate, Okl., 572 P.2d 226 (1977). Limitations on legislative authority may be implied as well as expressed in the Constitution. Grim v. Cordell, 197 Okl. 144, 169 P.2d 567 (1946). Every positive delegation of power by the Constitution to one officer or department of government implies a negation of its exercise by any other officer or department. Trapp v. Cook Const. Co., 24 Okl. 850,105 P. 667 (1909).3

[467]*467The government of the University of Oklahoma is vested in the Board of Regents by Article XIII, § 8, of the Oklahoma Constitution. Prior to the addition of this provision to the Constitution in 1944, the authority of Board was purely statutory. We have no doubt that in elevating the status of Board from a statutory to a constitutional entity the people intended to limit legislative control over University affairs.

Oklahoma is one of only a few states in which the legal status of public universities is constitutional rather than statutory.4 Among these jurisdictions, constitutional provisions relating to the power of university officials differ substantially, and we have found none identical to our own. However, in construing these varied provisions some courts have reached certain common conclusions which we find persuasive.

Article X, Section 9(2)(a) of the Montana Constitution (1972) provides:

The government and control of the Montana university system is vested in a board of regents of higher education which shall have full power, responsibility, and authority to supervise, coordinate, manage and control the Montana university system * * *.

In Board of Regents of Higher Education v. Judge, 543 P.2d 1323 (Mont.1975), the Supreme Court of Montana found that while “the principle of regent independence was definitely intended by the drafters of the 1972 Montana Constitution ... legislative control of higher education through the appropriation process remains.” The court determined that those provisions of the Montana Constitution which preserved this legislative control also justified the use of line item appropriations in its exercise, except “when the authority of the Regents to supervise, coordinate, manage and control the university system is infringed by legislative control over expenditures.” The court defined its task in resolving disputes involving the distinction between these constitutional powers as one of harmonizing in a practical manner legislative and Regent authority after scrutinizing each condition placed upon appropriations to higher education in order to determine whether the condition, in light of its impact on the management and control exercised by the Regents, is in effect a direction of academic policy or administration by the legislature.

Among the conditions examined by the court in Judge was one limiting salary increases for presidents of units of the university system and for the commissioner of higher education to five percent above that received during a specified period. The court found that “[S]uch a limitation on significant expenditures indicates a complete disregard for the Regents’ constitutional power.”

Inherent in the constitutional provision granting the Regents their power is the realization that the Board of Regents is the competent body for determining priorities in higher education. An important priority is the hiring and keeping of competent personnel. The limitation set forth in Section 12(6), H.B. 271, specifically denies the Regents the power to function effectively by setting its own personnel policies and determining its own priorities. The condition is, therefore, unconstitutional.

The appellees attempt to distinguish Judge from the instant case on the basis that the differences between legislative mandates for minimum and maximum raises are significant in the following respects: Legislatively determined ceilings on pay increases may actually set final salary amounts and may be used to “punish” a university or its employees, whereas mandated minimum increases leave Regents free to set a higher final salary and are wholly beneficial. The decision in Judge, however, did not turn on legislative motivation nor the amount of discretion retained [468]*468by the Regents in setting a “final” salary amount. The court in Judge,

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BOARD OF REGENTS OF UNIV. OF OKLAHOMA v. Baker
638 P.2d 464 (Supreme Court of Oklahoma, 1981)

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1981 OK 160, 638 P.2d 464, 1981 Okla. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-regents-of-the-university-of-oklahoma-v-baker-okla-1981.