Hayden v. Richland Parish School Bd.

554 So. 2d 164, 1989 La. App. LEXIS 2477, 1989 WL 150158
CourtLouisiana Court of Appeal
DecidedDecember 6, 1989
Docket21013-CA
StatusPublished
Cited by42 cases

This text of 554 So. 2d 164 (Hayden v. Richland 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
Hayden v. Richland Parish School Bd., 554 So. 2d 164, 1989 La. App. LEXIS 2477, 1989 WL 150158 (La. Ct. App. 1989).

Opinion

554 So.2d 164 (1989)

Reuben J. HAYDEN, Appellant,
v.
RICHLAND PARISH SCHOOL BOARD, Appellee.

No. 21013-CA.

Court of Appeal of Louisiana, Second Circuit.

December 6, 1989.
Writ Denied February 16, 1990.

*165 Thomas E. Cooper, Jr., Rayville, for appellant.

Stephen G. Dean, Winnsboro, for appellee.

Before HALL, FRED W. JONES, Jr. and NORRIS, JJ.

FRED W. JONES, Jr., Judge.

In this action for declaratory relief and for specific performance of contract, or, in the alternative, for damages for breach of contract, plaintiff, Reuben J. Hayden, appealed from the judgment of the trial court in favor of the defendant, Richland Parish School Board (hereinafter referred to as the School Board), finding that the plaintiff's contract as Superintendent of Schools for Richland Parish was properly terminated by the School Board, that the disputed contract was not ratified by the School Board and that plaintiff was not entitled to damages for breach of contract. For the reasons stated herein, we affirm the judgment of the trial court.

Issue Presented

The primary issue is whether the trial court erred in finding that plaintiff's contract ended by operation of law pursuant to La.R.S. 42:3 when the term of office of the School Board which executed the contract with plaintiff terminated.

Factual Context

The record shows that on May 3, 1983, plaintiff was elected as Superintendent and a contract was executed providing him with a two year term effective July 1, 1983 through June 30, 1985. On June 5, 1984, the School Board voted to extend plaintiff's contract for one year through June 30, 1986. On May 4, 1986, the School Board voted to renew plaintiff's contract as Superintendent for a four year period, to commence on July 1, 1986 and to terminate on June 30, 1990. On January 1, 1987, the composition of the nine member School Board was changed by the election of six new members. All nine members of the newly composed School Board were to serve a term of four years. Thus, the four year contract executed with plaintiff would extend 3½ years into the new School Board's four year term.

*166 At a special session on February 8, 1988, the new School Board voted to void plaintiff's contract.

On May 18, 1988, plaintiff brought this action, naming as defendant the nine member School Board. In his petition, plaintiff alleged that the contract executed on June 30, 1986 was legally authorized by a duly constituted School Board and that the action of the existing School Board in voiding said contract had no basis in law. Plaintiff claimed that he was entitled to a judgment declaring the 1986 contract valid and binding. Plaintiff alleged that as he had at all times fulfilled the employment contract, the action of the School Board in terminating plaintiff's term effective June 30, 1988 rather than June 30, 1990, as provided by the terms of the contract, constituted a breach of contract as there was no legal basis for voiding the contract. Further, in terminating plaintiff as Superintendent, the School Board failed to follow any procedure specified by the terms of the contract or the provisions of La.R.S. 17:54. If the contract was not enforced, plaintiff alleged he was entitled to damages in the amount of $94,036.99 representing loss of salary and benefits.

In its answer, defendant alleged that under the provisions of La.R.S. 42:3, the term of plaintiff's contract would terminate simultaneously with the term of office of the previous School Board which had entered into the contract with plaintiff. Therefore, plaintiff had not been under contract with the newly composed School Board since January 1, 1987, when the new School Board was sworn into office, having served in a day-to-day employment capacity since that date. Defendant argued that it had validly terminated the employment of plaintiff and therefore plaintiff was not entitled to reinstatement, damages, or any other relief.

The parties filed a joint stipulation of facts setting forth the various contracts in lieu of a trial on the merits and the matter was submitted for decision.

After reviewing the record, the trial court held that the action of the School Board terminating plaintiff's contract of employment was proper pursuant to La. R.S. 42:3. The court stated that the newly composed School Board was entitled to and did elect a superintendent of its own choosing.

Reading La.R.S. 42:3 and La.R.S. 17:54 together, the court stated it did not believe that the statutes were in conflict. The court construed the statutes as providing that a School Board shall elect a Superintendent; the period for which he is elected shall not exceed four years; the period for which he is elected shall not be for a longer period than the term of office of the membership of the Board; the Superintendent shall have the qualifications fixed by the State Board of Education, and the Superintendent shall not be required to be a qualified elector or resident of the parish. As the term for the School Board is four years, the newly elected Board has the power to elect a Superintendent for any length of time not to exceed four years. During their term of office should there be a vacancy in the office of superintendent, whether by resignation, termination, or disability, then the School Board has the power to elect a Superintendent for any length of time not to exceed the remaining term of the School Board members.

Relying on the decision in Juneau v. Avoyelles Parish Police Jury, 482 So.2d 1022 (La.App. 3d Cir.1986), the court noted that if the intent of La.R.S. 42:3 was disregarded then public bodies could be forced to continue in office officials and employees elected by prior boards whose ideas and goals were opposed to their own which would create ineffective governing bodies. The court concluded that the four year term of office for superintendents set forth in La.R.S. 17:54 was restricted by the provisions of La.R.S. 42:3. Thus, when the new School Board took office, plaintiff's contract of employment terminated. At that time, plaintiff no longer had a valid contract of employment with the School Board and could be terminated at the will of the incumbent Board.

The court also found that the newly composed School Board did not ratify plaintiff's contract by waiting some 14 months to take *167 action. The court noted there was never any intent to ratify the contract, the contract was null and void by operation of law as of December 31, 1986 and the newly composed School Board evidenced its desire to remove the plaintiff the entire time. The court did not believe the contract could be ratified but even if it could, the action of the School Board could not be construed as ratification. Therefore, plaintiff was not entitled to reinstatement or damages.

Legal Principles

La.R.S. 42:3 provides, in pertinent part, as follows:

The term of office of all employees or officials elected by any state, district, parochial or municipal board shall not be for a longer period of time than the term of office of the membership of the board electing them so that each respective board shall elect its own officers and employees.
La.R.S. 17:54 provides as follows:
The parish school boards of the several parishes shall elect from among their number a president and a vice-president and fix the terms of office not to exceed six years.

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Bluebook (online)
554 So. 2d 164, 1989 La. App. LEXIS 2477, 1989 WL 150158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayden-v-richland-parish-school-bd-lactapp-1989.