Caddo Parish School Bd. v. BD. OF ELECTIONS SUPERVISORS

384 So. 2d 448, 1980 La. LEXIS 7519
CourtSupreme Court of Louisiana
DecidedMay 8, 1980
Docket67175
StatusPublished
Cited by7 cases

This text of 384 So. 2d 448 (Caddo Parish School Bd. v. BD. OF ELECTIONS SUPERVISORS) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caddo Parish School Bd. v. BD. OF ELECTIONS SUPERVISORS, 384 So. 2d 448, 1980 La. LEXIS 7519 (La. 1980).

Opinion

384 So.2d 448 (1980)

CADDO PARISH SCHOOL BOARD et al.
v.
BOARD OF ELECTIONS SUPERVISORS OF CADDO PARISH et al.

No. 67175.

Supreme Court of Louisiana.

May 8, 1980.

Fred H. Sutherland, M. Thomas Arceneaux, Beard, Arceneaux & Sutherland, Shreveport, for plaintiffs-applicants.

William J. Guste, Jr., Atty. Gen., Donald E. Walter, David L. Smelley, Sp. Asst. Attys. Gen., for defendants-respondents.

DIXON, Chief Justice.[*]

Plaintiffs in this case are the Caddo Parish School Board and several of its members. *449 Defendants are the Governor, the Secretary of State, the Caddo Parish Clerk of Court, the Registrar of Voters for Caddo Parish and the Board of Elections Supervisors and its individual members. At issue are Act 506 of 1978 and Act 749 of 1979, identical provisions which require the Caddo Parish School Board to reapportion itself on January 1, 1980 in accordance with certain specified procedures.[1] Plaintiffs petitioned for a declaratory judgment declaring these acts to be illegal, unconstitutional and ineffective, and asked that the defendants be enjoined from enforcing the acts. On crossmotions for summary judgment, the trial court found that there were no disputed issues of fact and that as a matter of law, legislative enactment of the statutes was authorized by the state Constitution.

From the trial court's order granting summary judgment to defendants and dismissing plaintiffs' suit, plaintiffs sought supervisory writs from this court and we granted their application.

The nature of the legislation under attack here can best be understood in the context of the entire constitutional and statutory scheme for the creation and composition of school boards, as this scheme has changed in recent years. Article 8, § 9(A) of the 1974 Constitution authorizes the legislature to create new parish school boards and to provide for the election of their members, while Article 8, § 10(A) provides for the recognition and regulation of those school board systems already in existence. Until recently, R.S. 17:51, 52 and 57, enacted under the authority of provisions of the 1921 Constitution, Article 12, §§ 10 and 11, which were almost identical to those cited above, provided the basic rules for the creation of school boards and the election of members: *450 a parish school board for each parish; the election of members from districts consisting of police jury wards, one member to be elected for each police juror; the election of members in three groups, serving six year over-lapping terms; and certain special provisions for parishes containing municipalities. The New Orleans School Board had been specially created by legislative act by 1870 and its differential treatment continued under subsequent statutes. In 1946 legislation concerning the East Baton Rouge Parish School Board was enacted, providing for the number of members, the districts from which they were to be elected, and their terms of office. In 1952 similar legislation was enacted concerning the Jefferson Parish School Board, and in 1954 similar provisions were enacted concerning the school board of Caddo Parish. All of this legislation was subsequently amended, but the basic structure remained the same: general rules governed the composition of all parish school boards except those of Caddo, East Baton Rouge, Jefferson and Orleans Parishes, for which special rules were provided.

During the decade of the 1960s it became apparent that these regulations for the election of parish school board members would eventually be scrutinized in the light of the constitutional principles enunciated by the United States Supreme Court in Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964) and Avery v. Midland County, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968). Those cases held that government officials, even when members of local governing bodies, may not be elected from districts of substantially unequal population. In order to comply with this new "one man, one vote" requirement, a group of new statutes was enacted in 1968, directing school boards to develop and execute plans for reapportionment in order to replace their current elective districts, usually police jury wards, with districts of substantially equal population.

R.S. 17:71.6 states that in providing for compliance with the requirements of recent United States Supreme Court decisions, "[i]t is also the purpose and intent of this Subpart to permit such school boards as much latitude and discretion as possible in accomplishing such reapportionment within the limits set forth herein." That statute also provides that during the interim period between its effective date and the reapportionment of a school board, the present laws regarding the election of school board members shall remain in full force and effect.

R.S. 17:71.1-71.5 set forth the general rules for the reapportionment process. Each city and parish school board is authorized to reapportion itself into compact and contiguous districts of equal population, on the basis of either the 1970 census or a special census taken for this purpose; the number of school board members may be changed to no less than five and no more than the greater of fifteen and the number presently authorized; terms of office shall be six years except where they are presently four years; each board may fashion its own plan for maintaining the system of overlapping terms of office, if so desired by accomplishing reapportionment over a six year period; and each board is further authorized to reapportion itself on the basis of the 1980 census, thereafter no more often than every ten years.

R.S. 17:61.1, the statute at issue here, was enacted as Acts 1978, No. 506 and Acts 1979, No. 749 to provide specifically for the reapportionment of the school board of Caddo Parish.[2] It provides that on the date of the 1980 congressional elections, nine school board members are to be elected from nine single member districts whose parameters are to be established first by the proposal submitted by an independent firm commissioned by the incumbent board to formulate a reapportionment plan, then by a public hearing on that proposal. Members are to serve for four year terms; to provide for overlapping terms, five members elected in *451 1980 will serve for four years, the other four new members for two years. School board members elected pursuant to this procedure will take office on January 1, 1981. On that date, the offices of the eighteen incumbent members are to be vacated. Thereafter, the school board may reapportion itself no more often than every ten years, on the basis of the federal census. R.S. 17:62.

A comparison of the general reapportionment plan with the plan provided specifically and uniquely for Caddo Parish reveals significant differences. First, the Caddo Parish plan requires the removal from office on January 1, 1981 of the twelve incumbent members whose six year terms would otherwise have continued. In fact, it vacates the offices to which they were elected. The general plan, on the other hand, permits a school board to maintain its incumbent members in office by phasing in members from the newly drawn districts every two years, as the staggered terms of the predecessors expire. Second, the Caddo Parish plan provides for a mandatory number of districts and member representatives, while the general plan establishes only a minimum number and a maximum.

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Bluebook (online)
384 So. 2d 448, 1980 La. LEXIS 7519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caddo-parish-school-bd-v-bd-of-elections-supervisors-la-1980.