Bossier Parish School Board v. Guste

355 So. 2d 64, 1978 La. App. LEXIS 3264
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1978
DocketNo. 13446
StatusPublished
Cited by1 cases

This text of 355 So. 2d 64 (Bossier Parish School Board v. Guste) 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
Bossier Parish School Board v. Guste, 355 So. 2d 64, 1978 La. App. LEXIS 3264 (La. Ct. App. 1978).

Opinion

HALL, Judge.

This appeal was taken by Jackie Martin and Freddie Shewmake, Jr., employees of the Bossier Parish School Board and elected members of the Bossier Parish Police Jury, from a judgment of the district court declaring (1) that the policy of the Bossier Parish School Board, which insures that its employees devote full measure of their time and talent to their contracted responsibilities during work hours, is a legitimate policy and is a valid exercise of its authority under the law; and (2) that the Bossier Parish School Board’s refusal to grant leaves of absence to the defendants, Jackie Martin and Freddie Shewmake, Jr., so that they might attend meetings of the Bossier Parish Police Jury during school hours, was not an abuse of discretion by the Bossier Parish School Board.

Appellants contended in the trial court and contend on appeal that the policy of the School Board of refusing to grant them leaves of absence without pay to attend meetings of the Police Jury amounts to an abuse of discretion by the School Board contrary to state law and infringes on their constitutional rights granted by the First and Fourteenth Amendments of the United States Constitution and by the Louisiana Constitution of 1974.

After review, this appellate court is of the opinion that the issues presented in this case were correctly met and decided by the district court, whose reasons for decision we approve and adopt as the opinion of this court. The district court’s reasons for judgment are set forth in Appendix “A”.

The judgment of the district court is affirmed at appellants’ costs.

Affirmed.

APPENDIX “A”

BOSSIER PARISH SCHOOL BOARD

VS.

WILLIAM J. GUSTE, JR., ET AL

NUMBER 46,408

26TH JUDICIAL DISTRICT COURT BOSSIER PARISH, LOUISIANA

REASONS FOR DECISION

The plaintiff, Bossier Parish School Board filed this suit for a declaratory judgment seeking a determination as to whether its policy in denying the two defendants, Freddie Shewmake, Jr. and Jackie Martin, leave without pay to attend Bossier Parish Police Jury meetings is an abuse of its discretion. [66]*66The case was submitted to the Court on an agreed stipulation of facts and on briefs of counsel.

The policy of the Bossier Parish School Board states that school employees will not be allowed to miss work for the purpose of attending police jury meetings, whether the time missed is minimal or substantial, and, further, that leave without pay will not be granted school employees to attend police jury meetings.

The defendants, Jackie Martin and Freddie Shewmake, Jr., are school board employees, and, also, duly elected members of the Bossier Parish Police Jury; defendant, Jackie Martin, being a school bus driver, and defendant, Freddie Shewmake, Jr., being an assistant school principal.

The Bossier Parish Police Jury meets regularly at 2:00 P.M. on the second Tuesday of each month, and has committee meetings regularly on the first Tuesday and Thursday of each month at 2:00 P.M.

The 2:00 P.M. meeting time of the Bossier Parish Police Jury conflicts with the work schedule of both Jackie Martin, who, employed as a school bus driver, must attend his routes at this time, and Freddie Shewmake, Jr., whose worktime as an assistant principal is from 8:00 A.M. to 4:00 P.M.

The school Board policy in connection with leave without pay is, in part, as follows:

“The Bossier Parish School Board may grant leaves of absence without pay for periods not exceeding one year to any regularly employed tenured teacher who requests such leave in writing and whenever such leave is in the best interest of the school system.”

The Attorney General of Louisiana has issued an opinion which states that the current policy of the Bossier Parish School Board, as it affects the defendants is an abuse of discretion of the board.

If the defendants attend the meetings of the Bossier Parish Police Jury, they will be in direct conflict with the policy of the Bossier Parish School Board, and the interest of all parties is at issue and is substantial.

The Bossier Parish School Board Employee’s Handbook provides with respect to political office:

“J. Political Office
The Bossier Parish School Board feels that its employees should devote their full energies, efforts, and abilities to carrying on and improving education in the Bossier Parish School System. The public expects, and rightfully so, the employees of the Bossier Parish School Board to devote their full energies, efforts and abilities to their children’s educational needs. A position in Public Office would take the elected employee away from their primary educational responsibility a considerable amount of the time. The Bossier Parish School Board cannot justify the time that an elected official must take away from his primary duties to fulfill his elected responsibility. The Bossier Parish School Board strongly discourages its employees from seeking public office that will in any way impede or interfere with their primary duty of contributing to the education of the children in Bossier Parish.”

It also provides with respect to school employees work schedule as follows:

“C. Work Schedule for school employees
1. Professional (EHB p. 36)
a. Teachers (EHB p. 36)
b. Administrators’ Duty Hours
(1) Principals — 12 months; 8:00 A.M.-
4:00 P.M.
(2) Assistant Principals — 10% months; 8:00 A.M.-4.-00 P.M.
(3) School Coordinators — 10% months; 8:00 A.M.-4:00 P.M.
(4) Other Staff — As prescribed by the Superintendent.
2. Classified (EHB p. 36)
a. Custodians and Janitors — 12 months; 40 hours per week as prescribed by the Principal
b. Maids — 9 months; 32V2 hours per week; June and August; 40 hours per week with a 4 week vacation in July
[67]*67c. Bus Drivers — Regular school year with daily schedules prescribed by the Principal. Educational field trips assigned by the Principal are considered to be a part of the driver’s normal duty.
d. School Secretaries — 10 months (Registrars, 11 months) Work day consists of 7 hours prescribed by the Principal. _”

There were twelve regular meetings, twelve finance committee meetings, twelve road committee meetings and eleven special committee meetings held by the Bossier Parish Police Jury during the hours from 8:00 A.M. to 4:00 P.M. during 1976. The Bossier Parish Police Jury has held and will hold thirty-six meetings, twelve regular meetings and twenty-four committee meetings, during 1977, which requires the attendance of all twelve members during the hours from 8:00 A.M. to 4:00 P.M. and other special committee meetings might be held as called during these hours.

The Bossier Parish School Board recently, as examples, did grant leaves of absence, some with pay, some without pay, and some to be charged against vacation time, as follows:

“(a) Dr. C. L.

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Related

Bossier Parish School Board v. Guste
355 So. 2d 1323 (Supreme Court of Louisiana, 1978)

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Bluebook (online)
355 So. 2d 64, 1978 La. App. LEXIS 3264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bossier-parish-school-board-v-guste-lactapp-1978.