Galullo v. City of Waterbury

397 A.2d 103, 175 Conn. 182, 1978 Conn. LEXIS 934
Supreme Court of Connecticut·Decided May 23, 1978·Published·Cited by 2 cases

Opinion

Speziale, J.

The issue raised on this appeal is whether funds received by cities pursuant to General Statutes 10-262c and 10-262d must, under § 10-262e, be used to supplement funds derived from city property taxes and allocated to education.

The plaintiffs here are two students, a teacher, and a guidance counselor in the Waterbury public schools, all of whom are Waterbury residents. They have appealed from a judgment of the Court of Common Pleas upholding the action of the Waterbury board of aldermen setting the tax rate at 84.75 mills instead of 87 mills as contained in the proposed budget. The board took that action after learning that the city would be receiving a much larger share of instant lottery proceeds pursuant to General Statutes §§ 10-262c to 10-262e than originally anticipated.

The underlying facts as found by the court are not in dispute: In March, 1977, the mayor of Waterbury submitted to the board of finance a proposed budget for the fiscal year commencing July 1, 1977. On April 29, 1977, the board of finance submitted its proposed budget for the coming fiscal year to [184]*184the board of aldermen. This proposed budget allocated $23,603,279 to the board of education, and showed income of $316,000 from the state of Connecticut representing Waterbury’s share of guaranteed tax base funds derived from instant lottery proceeds. The budget specifically allocated these guaranteed tax base funds to the board of education. The proposed budget indicated total expenditures of $57,366,578, which would have required a property tax levy of 87 mills.

Between April 29, 1977, the date of submission of the proposed budget by the board of finance, and May 21,1977, the date of adoption of the final budget by the board of aldermen, city officials learned that Waterbury’s share of the instant lottery proceeds was likely to be $1,027,854 higher than previously anticipated. The final budget, which was adopted on May 21, 1977, for the fiscal year commencing July 1, 1977, allocated $23,603,279 to the board of education and showed income from the state of $1,343,854, all of which income was specifically allocated to the board of education. This budget showed total expenditures of $57,366,578 and a property tax levy of 84.75 mills.

The crux of the plaintiffs’ claim on appeal to the Court of Common Pleas, and in their subsequent appeal to this court, is that the decision of the board of aldermen to reduce the mill rate without increasing the allocation to the board of education by an amount equal to the additional expected lottery revenues violated General Statutes § 10-262e. In other words, it is the plaintiffs’ contention that funds received by cities pursuant to §§ 10-262c and 10-262d must, under § 10-262e, be used to supplement funds derived from city property taxes and [185]*185allocated to education. The city, on the other hand, contends that it has fully complied with the law by guaranteeing that all funds received from instant lottery proceeds will be used for education purposes only.

The plaintiffs urge that the legislative background of § 10-262e supports their interpretation of what is required by the statute. We disagree. Sections 10-262e to 10-262e were enacted at least in part in response to the trial court decision in Horton v. Meskill, 31 Conn. Sup. 377, 332 A.2d 113 (1974). See, e.g., 18 S. Proc., pt. 5, 1975 Sess., pp. 2382-2386; 18 H.R. Proc., pt. 8, 1975 Sess., pp. 3963, 3974. The purpose of the statutes was to provide increased financial assistance to towns with inadequate tax bases to finance education. See Horton v. Meskill, 172 Conn. 615, 636-37, 376 A.2d 359 (1977). Section 10-262e as originally enacted read as follows: “All aid distributed to a town pursuant to . . . [§ 10-262c] shall be expended upon the authorization of the town or regional board of education for school purposes only.” (Emphasis added.) Public Acts 1975, No. 75-341, § 4. Despite the condition imposed by the statute, some towns were spending the funds for other purposes. In response, the legislature amended the statute to clarify and emphasize the conditional nature of the grant. The statute in its present form provides that “[a] 11 aid distributed to a town pursuant to the provisions of section 10-262c, shall be expended for school purposes only and shall be expended upon the authorization of the local or regional board of education.” The remarks made in the senate in support of the amendment indicate that it was in fact intended to force the towns to distribute the aid to their boards of education. 19 S. Proc., pt. 6, 1976 Sess., pp. 2548-[186]*1862549. The plaintiffs argue that, in addition, the statute forces the towns to distribute the funds to their boards of education without reallocating any town tax revenues previously allocated to education. There is nothing in the wording of the statute or in its legislative history which would substantiate this argument. The statute clearly requires that the funds be spent “for school purposes only.” The court found that the defendant specifically allocated these funds to the board of education, and used the money for educational purposes only; on this basis the court properly concluded that the city had discharged its obligations under the statute.

The legislative history of the amendment to § 10-262e indicates that legislators were aware of the possibility that tax-burdened cities might see the availability of additional state funds for education as an opportunity to reallocate existing city revenues and reduce taxes; see 19 S. Proc., pt. 6, 1976 Sess., pp. 2548-2555; nevertheless, the legislation was passed in its present form. Our role is to construe legislation as we find it, regardless of whether we think it might have been improved or a preferable result reached by the inclusion of other provisions. Weingarten v. Allstate Ins. Co., 169 Conn. 502, 507, 363 A.2d 1055 (1975); Colli v. Real Estate Commission, 169 Conn. 445, 452, 364 A.2d 167 (1975); Houston v. Warden, 169 Conn. 247, 252, 363 A.2d 121 (1975); Simonette v. Great American Ins. Co., 165 Conn. 466, 471, 338 A.2d 453 (1973). The simple answer to the plaintiffs’ argument is that there is no provision in the present legislation which compels cities to use instant lottery funds to supplement the education allotment in their budgets. As long as the state funds are spent only for education, the statutory mandate is met.

[187]*187We want to emphasize that onr holding in this case is not in any way intended as a retreat from the position stated in Horton v. Meskill, 172 Conn. 615, 376 A.2d 359. Op. the contrary, the statutes now before us had already been passed in a form reasonably resembling their present form when we decided the Horton case. The impact of those statutes was part of the finding of the Horton trial court, derived from supplemental judgments in that case.

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Galullo v. City of Waterbury, 397 A.2d 103, 175 Conn. 182, 1978 Conn. LEXIS 934 (Colo. 1978).

397 A.2d 103 (Galullo v. City of Waterbury) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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