Brooks v. Orleans Parish School Bd.

550 So. 2d 1267, 1989 WL 112062
CourtLouisiana Court of Appeal
DecidedSeptember 28, 1989
Docket88-CA-1813, 88-CA-1814
StatusPublished
Cited by6 cases

This text of 550 So. 2d 1267 (Brooks v. Orleans Parish School Bd.) 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
Brooks v. Orleans Parish School Bd., 550 So. 2d 1267, 1989 WL 112062 (La. Ct. App. 1989).

Opinion

550 So.2d 1267 (1989)

Margel F. BROOKS, et al.
v.
ORLEANS PARISH SCHOOL BOARD.
Victoria M. DAHMES, et al.
v.
ORLEANS PARISH SCHOOL BOARD.

Nos. 88-CA-1813, 88-CA-1814.

Court of Appeal of Louisiana, Fourth Circuit.

September 28, 1989.
Writ Denied December 1, 1989.

*1268 Charles M. Samuel, III, New Orleans, for plaintiff-appellee.

Franklin V. Endom, Jr., Robert M. Rosenberg, Polack, Rosenberg, Rittenberg & Endom, New Orleans, for defendant-appellant.

Before CIACCIO, WARD and PLOTKIN, JJ.

CIACCIO, Judge.

In this consolidated suit, plaintiffs, seven employees of the defendant school board sued their employer seeking a writ of mandamus, declaratory judgment and the recovery of lost wages and administrative fees. The trial court awarded the lost wages and administrative fees sought by the plaintiffs and denied mandamus relief and a declaratory judgment. Plaintiffs appeal alleging error by the trial court in failing to find that the defendants' actions were violative of their rights under the Louisiana Tenure Laws. La.R.S. 17:461 et seq. Defendants answer the appeal alleging that the trial court's award of lost wages and administrative fees was in error. La.R.S. 17:421, 17:431. We affirm the judgment of the trial court.

The stipulations of counsel and the testimony in this case reflects the following facts:

In 1982 the state legislature enacted the Louisiana Compensatory or Remedial Education Plan. La.R.S. 17:395 et seq. In keeping with this legislation, the state created and funded the Compensatory Education Program which was implemented by the Orleans Parish School Board. The Program had two professional components, the Basic Skills Strategists and Basic Skills Specialists. The Skills Strategists work primarily with teachers and administrators while the Skills Specialists worked directly with the children. These professionals, who performed different functions, each *1269 had as their goal the elevation of basic skills test scores of New Orleans Public School students. The source of funding for the two groups varied in that the salaries of the Specialists were derived from the state legislature by way of annual appropriations while the salaries of the Strategists were secured from purely local sources.

Due to budgetary constraints during the formulation of the budget for the 1985-86 school year the positions of Basic Skills Strategists were abolished. This decision took into consideration the fact that these positions were locally funded programs, 85% of the school budget consisted of personnel salaries and these particular professionals worked primarily with teachers and not with the children.

As a result of the adoption of this budget the Basic Skills Strategists were transferred to the position of Basic Skills Specialists. After the transfer, the personnel continued to receive the same bi-weekly rate of pay and a $20 per pay period pay supplement. Their work year was reduced, however, as they were no longer called upon to work the two weeks preceding the beginning of the school year and the two weeks following the close of the school year.

In 1986, the state legislature eliminated appropriations for the state's remedial program, thereby abolishing the funding for Basic Skill Specialists. As a result of this action, some of those persons serving as Basic Skill Specialists in the Orleans Parish School system were returned to regular teaching positions and, as such, were able to retain their pay supplement. Several others secured non-teaching positions within the school system necessitating a longer work week and a relinquishment of their pay supplement. As a result of these actions plaintiffs filed this suit against their employer.

The two issues presented by this case are as follows: (1) Did the trial court err in finding that plaintiffs' work year and pay supplement were protected under the provisions of Louisiana Revised Statutes Title 17 Section 431? (2) Did the trial court err in dismissing the plaintiffs' claims under the Louisiana Tenure Laws? La.R.S. 17:461 et seq.

Applicability of La.R.S. 17:431

Defendant, Orleans Parish School Board, contends that the trial court erred in finding this statute applied to the instant plaintiffs.

Louisiana Revised Statute, Title 17 Section 431 provides:

Sec. 431. Supervisors, principals and other administrative personnel; salaries
On and after July 29, 1970, no parish or city school system in parishes or cities having a population of over five hundred thousand shall pay to any supervisor, principal, consultant, secretary or any other administrative employee charged with the administrative responsibility of a school or other area of academic concentration or evaluation in such parish or city an annual salary which amounts to less than the amount that was paid by such school system to that employee in the immediately preceding year.

Defendant first argues that the definition of "consultant" used by the trial court is overbroad and in contravention of the rules of statutory construction.

The rules of legislative construction provide that when the language of the law is susceptible of different meaning it must be interpreted as having the meaning that best conforms to the purpose of the law. La.C.C.Art. 10. Additionally, the words of a law must be given their generally prevailing meaning. La.C.C.Art. 11.

In finding this statute applicable to the plaintiffs, employees of the defendant school board, the trial court reasoned as follows:

* * * * * *
The Court finds that the petitioners in both cases are consultants under the statute and are therefore entitled to a salary no less than that received in the school year 1984-1985 with the exception of Victoria Dahmes who is entitled to that salary received in the school year 1983-1984.

*1270 The statute does not have a definition of consultant but Webster's Dictionary defines consultant as "a person who consults another person; a person who gives professional or technical advice as a doctor, lawyer, engineer, editor, etc."

Webster's defines consult as: "to seek information or instruction from; ask advice of; refer to: as in matters of health, consult with a doctor."
* * * * * *

In this case the meaning of the word "consultant" within the confines of this statute was not legislatively defined. The meaning attributed to it by the trial court judge conforms with general rules of legislative interpretation, in that it fosters the general purpose of the statute to protect salaries of enumerated personnel within certain specified school districts. Additionally this definition of "consultant" described by the trial court also gives this word its generally prevailing meaning. See: La.C.C.Arts. 11, 13. For these reasons we find the definition of "consultant" utilized by the trial court in interpreting Louisiana Revised Statute Title 17 Section 431 is neither overbroad nor in derogation of the rules of statutory construction.

Defendants next argue that the evidence adduced at trial does not support the plaintiffs' classification as consultants/administrators. In this regard the school board argues that the Basic Skills Strategists did not supervise, direct or evaluate the work of others and had no budgetary responsibilities normally attributable to a school board administrator. We disagree with this position that the evidence does not support the trial court's findings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Baldwin v. Orleans Parish School Board
784 So. 2d 803 (Louisiana Court of Appeal, 2001)
Chapital v. Orleans Parish School Bd.
780 So. 2d 1110 (Louisiana Court of Appeal, 2001)
Smith v. Ouachita Parish School Bd.
702 So. 2d 727 (Louisiana Court of Appeal, 1997)
Trouard v. Orleans Parish School Board
695 So. 2d 524 (Louisiana Court of Appeal, 1997)
Brooks v. Orleans Parish School Board
553 So. 2d 466 (Supreme Court of Louisiana, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
550 So. 2d 1267, 1989 WL 112062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-orleans-parish-school-bd-lactapp-1989.