Board of Selectmen v. School Board of Pittsfield School District

311 A.2d 124, 113 N.H. 598, 1973 N.H. LEXIS 329
CourtSupreme Court of New Hampshire
DecidedOctober 31, 1973
DocketNo. 6725
StatusPublished
Cited by4 cases

This text of 311 A.2d 124 (Board of Selectmen v. School Board of Pittsfield School District) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Selectmen v. School Board of Pittsfield School District, 311 A.2d 124, 113 N.H. 598, 1973 N.H. LEXIS 329 (N.H. 1973).

Opinion

Lampron, J.

Petition by the Board of Selectmen of the Town of Pittsfield for a permanent injunction to restrain the school board of the district from paying out or incurring liability on certain sums of money alleged to have been unlawfully appropriated contrary to the provisions of RSA ch. 32, the Municipal Budget Law. The legal issues raised by the pleadings were reserved and transferred to this court without [599]*599ruling by Bois, J., pursuant to an agreement of the parties that their allegations of fact are true for the purposes of this transfer.

The issue to be decided is whether the voters of the school district could lawfully vote at its meeting on March 14, 1973, to appropriate $16,700 to fund two items not included by the budget committee in the school budget but inserted by the school board in the warrant for the school district meeting with the notation: “Not recommended by Budget Committee.” The items are the following:

“3. To see if the District will vote to provide Remedial Reading instruction as a regular part of the Pittsfield School System at the expense of the District, and raise and appropriate the sum of $9,624.00 to implement the same.
“4. To see if the District will vote to establish an additional Special Education Class and raise and appropriate the sum of $7,076.00 to implement the same.”

The moderator informed the voters at the school meeting that no money could be voted under these articles because they were not recommended by the budget committee. The school board told the meeting that an increase totalling the two amounts with a specification that the money be used to implement the purposes of articles 3 and 4 could be voted under article 5 which covered general appropriations for the operation of the school district. The meeting voted “to approve the implementation of Articles 3 and 4 if and when the money is available”. Thereafter the budgeted amount proposed for adoption under article 5 of the warrant was amended to include an additional $16,700 “to be used for Remedial Reading and Special Education if approved by the Tax Commission, making a total of $587,938.00.” This amended motion was adopted.

After hearing the parties on an appeal to it, the tax commission ruled on May 11, 1973, “that both of these items fall within the general classification ‘200. Instruction’ listed in the budget and that it was lawful for the District Meeting to appropriate the sums mentioned for the purposes indicated as they were within the ten percent limitation” by which the district can vote to increase the total amount specified in the budget. RSA 32:8 (Supp. 1972); see Baker [600]*600v. Hudson School District, 110 N.H. 389, 269 A.2d 128 (1970). The selectmen advised the school board that it viewed the tax commission’s determination as “advisory in nature ...” and that “it will disburse to the School District upon the basis of a total appropriation of $571,238.00” which is less the $16,700 added to that budgeted amount by an amendment at the meeting. Upon being informed that the tax commission would include the disputed amount in fixing the tax rate of the town, the selectmen instituted this proceeding to permanently restrain the school board from spending the $16,700.

This litigation is another instance of a “recurring and troublesome problem” in municipal finances. Laconia Bd. of Educ. v. Laconia, 111 N.H. 389, 285 A.2d 793 (1971). The school board is charged with managing the school system to the best of its ability and obtaining funds with which to carry out this mandate. The selectmen are preoccupied with the overall burden placed on the taxpayers not only by the cost of operating the schools but also by the money needed to render all the other municipal services. The Municipal Budget Law (RSA ch. 32) was designed to control the appropriation and expenditure of money in municipalities including school districts. Lebanon v. Water Works, 98 N.H. 328, 100 A.2d 167 (1953). The parties agree that the solution to the present controversy is to be found in its provisions.

The parties disagree, however, on the meaning and effect of its pertinent section RSA 32:8 (Supp. 1972) which reads in part as follows:

“Limitation on Appropriations. So long as the provisions of this chapter shall remain in force in any town the total amount appropriated at any annual meeting shall not exceed by more than ten percent the total amount specified in the budget for said meeting, and no appropriation shall be made for any purpose not included in said budget, provided, however, that the budget committee may also submit, without approval items which they do not wish to recommend but which they believe the voters should be allowed to consider and act upon, either favorably or unfavorably. Money may be raised and appropriated for such items, but not to an amount which would increase the total appropriations, as [601]*601recommended by the budget committee, by more than the ten percent allowed hereunder.”

The selectmen agree that the amount of $16,700 for warrant items Nos. 3 and 4 added by the voters to the total appropriation recommended by the budget committee is within the statutory ten percent limitation. They take the position, however, that “Remedial Reading” instruction (item 3) and an additional “Special Education” class (item 4) are “purposes” which were rejected by the budget committee and not included in its proposed budget for the school district and could not be funded by the voters. The selectmen also argue that these items were not “purposes” submitted by the budget committee “without approval” in order to allow the voters “to consider and act upon them either favorably or unfavorably” as permitted by RSA 32:8 (Supp. 1973).They take the position that the appropriations voted at the meeting to implement the “purposes” stated in articles 3 and 4 of the warrant were therefore unlawful.

The school board contends that the statutory prohibition “no appropriation shall be made for any purpose not included in said budget” applies only to an appropriation which is for a purpose not found under the “Purpose of Appropriation” in the forms prescribed and issued by the State tax commission under the authority of RSA ch. 32. That column on these forms is divided into 18 major headings most of which are subdivided into more detailed purposes of appropriations. These forms must be used by the budget committee in preparing the school budget (RSA 32:5), by its chairman in forwarding the approved budget to the tax commission, and by the clerk of the school district meeting to notify the commission of the votes on appropriations adopted at the meeting. RSA 32:7. The school board argues that the appropriations made to implement items 3 and 4 in the warrant were for purposes included and recommended by the budget committee, that is, “Salaries” found under the general heading “Instruction” and “Employee Retirement & F.I.C.A.” under the general heading “Fixed Charges” in the “Purpose of Appropriation” column on the forms provided by the tax commission for budget preparation and to record appropriations voted.

[602]

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Related

Foote v. Manchester School District
883 A.2d 283 (Supreme Court of New Hampshire, 2005)
Blake v. Town of Pittsfield
474 A.2d 1050 (Supreme Court of New Hampshire, 1984)
McDonnell v. Town of Derry
350 A.2d 620 (Supreme Court of New Hampshire, 1976)

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Bluebook (online)
311 A.2d 124, 113 N.H. 598, 1973 N.H. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-selectmen-v-school-board-of-pittsfield-school-district-nh-1973.