California School Employees Ass'n. v. Governing Board of the Marine Community College District

878 P.2d 1321, 8 Cal. 4th 333, 33 Cal. Rptr. 2d 109, 94 Cal. Daily Op. Serv. 6841, 94 Daily Journal DAR 12506, 1994 Cal. LEXIS 4473
CourtCalifornia Supreme Court
DecidedSeptember 2, 1994
DocketS033224
StatusPublished
Cited by118 cases

This text of 878 P.2d 1321 (California School Employees Ass'n. v. Governing Board of the Marine Community College District) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
California School Employees Ass'n. v. Governing Board of the Marine Community College District, 878 P.2d 1321, 8 Cal. 4th 333, 33 Cal. Rptr. 2d 109, 94 Cal. Daily Op. Serv. 6841, 94 Daily Journal DAR 12506, 1994 Cal. LEXIS 4473 (Cal. 1994).

Opinions

Opinion

LUCAS, C. J.

—Classified employees of the state’s community colleges are entitled to the paid holidays enumerated in Education Code section 88203, [336]*336including “every day appointed by the President, or the Governor of this state . . . for a public fast, thanksgiving or holiday . . . .” We must decide whether President George Bush “appointed” days of thanksgiving, within the meaning of the Education Code, when, at the conclusion of the Persian Gulf War, he proclaimed April 5, 6, and 7, 1991, as “National Days of Thanksgiving.” As we explain, we conclude that the President’s proclamation did not entitle community college classified employees to holiday compensation for those days. We therefore reverse the judgment of the Court of Appeal.

I.

Following the end of hostilities in the Persian Gulf region, President Bush issued Presidential Proclamation No. 6257, entitled, “For National Days of Thanksgiving, April 5-7, 1991.” (Pres.Proc. No. 6257, 56 Fed.Reg. 10353 (Mar. 7, 1991), 1991 U.S. Code Cong. & Admin. News, p. A26 [hereafter Proclamation 6257].) In relevant part, the proclamation states: “. . . I, George Bush, President of the United States of America, do hereby proclaim April 5-7, 1991, as National Days of Thanksgiving. I ask that Americans gather in homes and places of worship to give thanks to Almighty God for the liberation of Kuwait, for the blessings of peace and liberty, for our troops, our families, and our Nation. In addition, I direct that the flag of the United States be flown on all government buildings, I urge all Americans to display the flag, and I ask that bells across the country be set ringing at 3:00 p.m. (eastern daylight savings time) on April 7, 1991, in celebration of the liberation of Kuwait and the end of hostilities in the Persian Gulf.” (Id. at p. All.)

Respondent California School Employees Association (hereafter CSEA) is the exclusive representative of a bargaining unit of classified personnel employed by appellant Governing Board of the Marin Community College District (hereafter the District). CSEA sent the District a letter dated April 4, 1991, calling on the District to recognize April 5, 6, and 7, 1991, as paid holidays for the classified employees represented by CSEA, and to compensate the employees accordingly. The District denied CSEA’s demand by letter dated April 5, 1991.

After the District’s refusal to comply with CSEA’s demand for holiday compensation, CSEA successfully petitioned in the Marin County Superior Court for a writ of mandate. The court ordered the District to recognize the [337]*337thanksgiving days designated in Proclamation 6257 as paid holidays pursuant to Education Code section 88203,1 and to compensate classified employees accordingly.2

The Court of Appeal affirmed the judgment, reasoning that, for purposes of the holiday statute, the President’s “proclaiming” days of thanksgiving was the functional equivalent of his “appointing” them. The court thus concluded that the issuance of Proclamation 6257, designating April 5, 6, and 7 as “National Days of Thanksgiving,” resulted in paid holidays for the college’s classified employees.

We granted review of this issue.3 As will appear, we disagree with the Court of Appeal’s analysis.

II.

Section 88203 entitles classified employees4 of the community colleges5 to holiday compensation on nine specified annual holidays. Section 79020 provides that the community colleges shall close on the same nine designated holidays, with the addition of “Dr. Martin Luther King, Jr. Day.” (§ 79020, subd. (a).) Although the President has no authority to declare a paid holiday for the state’s public school employees, or to order the closure [338]*338of the state’s public schools, the Legislature has mandated that legal significance shall attach to the designation of certain special, nonrecurring days by the federal executive. Thus, in addition to the recurring paid holidays, sections 88203 and 79020 also provide for holiday compensation and college closure, respectively, on any days “appointed” by the President (or the Governor) for a public fast, thanksgiving or holiday. (§§ 88203, 79020, subds. (c) & (d).) To decide whether, by issuing Proclamation 6257, the President “appointed” days of thanksgiving entitling classified employees to paid holidays, we must first determine the nature of the presidential action necessary to trigger the applicable statutory provisions.

In examining sections 88203 and 79020 for this purpose, we are guided by the well-established principle that o.ur function is to “ascertain the intent of the lawmakers so as to effectuate the purpose of the law.” (People v. Pieters (1991) 52 Cal.3d 894, 898 [276 Cal.Rptr. 918, 802 P.2d 420], citing People v. Craft (1986) 41 Cal.3d 554, 559 [224 Cal.Rptr. 626, 715 P.2d 585].) We determine such intent by first focusing on the words used by the Legislature, giving them their ordinary meaning. (Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753, 763 [280 Cal.Rptr. 745, 809 P.2d 404].) This is because “it is the language of the statute itself that has successfully braved the legislative gauntlet.” (Halbert’s Lumber, Inc. v. Lucky Stores, Inc. (1992) 6 Cal.App.4th 1233, 1238 [8 Cal.Rptr.2d 298].)

The term “appointed” in sections 88203 and 79020 is not defined in the Education Code, and there are no California cases construing it. As it is used in the statutes here, the term “appoint” is commonly understood as meaning “to fix by a decree, order, command, resolve, decision, or mutual agreement; . . . to fix the time and place of.” (Webster’s New Intemat. Dict. (3d ed. 1981) p. 105.)

The District argues that, as used in the statutes at issue here, the term “appoint” is uncertain and therefore in need of judicial constmction to determine its meaning. This is so, according to the District, because the statutes give legal significance not only to “every day appointed by the President for a public fast, thanksgiving or holiday” but also to “that Thursday in November proclaimed by the President as ‘Thanksgiving Day.’ ” (§ 88203, italics added.) In the District’s view, the Legislature intended a meaningful distinction between the type of presidential action necessary to trigger an entitlement to holiday compensation for Thanksgiving Day, i.e., the issuance of a presidential proclamation, and that required for a presidentially appointed day of thanksgiving.

We discern no ambiguity in the Legislature’s use of the word “appoint.” Like the term “proclaim,” the ordinary meaning of which is “to declare [339]*339solemnly, officially or formally” (see Webster’s New Internal. Diet., supra, at p. 1808), the use of the word “appoint” emphasizes the solemnity and formality of the presidential action necessary to create a holiday.

Under the plain language of section 88203, a presidential decree designating a certain day or days as “day[s]” of “thanksgiving” would trigger an entitlement to a paid holiday for community college employees.

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878 P.2d 1321, 8 Cal. 4th 333, 33 Cal. Rptr. 2d 109, 94 Cal. Daily Op. Serv. 6841, 94 Daily Journal DAR 12506, 1994 Cal. LEXIS 4473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/california-school-employees-assn-v-governing-board-of-the-marine-cal-1994.