La. Ass'n of Educators v. Iberia Par. Sch. Bd.

476 So. 2d 1086, 28 Educ. L. Rep. 304
CourtLouisiana Court of Appeal
DecidedOctober 10, 1985
Docket84-672
StatusPublished
Cited by3 cases

This text of 476 So. 2d 1086 (La. Ass'n of Educators v. Iberia Par. Sch. 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
La. Ass'n of Educators v. Iberia Par. Sch. Bd., 476 So. 2d 1086, 28 Educ. L. Rep. 304 (La. Ct. App. 1985).

Opinion

476 So.2d 1086 (1985)

LOUISIANA ASSOCIATION OF EDUCATORS, et al., Plaintiffs-Appellants,
v.
IBERIA PARISH SCHOOL BOARD, Defendant-Appellee.

No. 84-672.

Court of Appeal of Louisiana, Third Circuit.

October 10, 1985.

*1088 Kean, Miller, Hawthorne, Darmond, McCowan & Jarman, Pamela C. Walker, Baton Rouge, for plaintiffs-appellants.

J. Wayne Landry, Asst. Dist. Atty., New Iberia, for defendant-appellee.

Before GUIDRY, LABORDE and KING, JJ.

KING, Judge.

The sole issue presented by this appeal is the correctness of the judgment of the trial court dismissing plaintiffs' suit for a declaratory judgment.

This is a declaratory judgment action wherein the plaintiffs, Louisiana Association of Educators and Iberia Association of Educators, (hereinafter referred to as the Associations) seek a judgment declaring and decreeing that the defendant's, Iberia Parish School Board, (hereinafter referred to as the School Board) interpretation and implementation of a May 23, 1979 sales tax proposition (hereinafter referred to as the proposition) is in violation of the terms and purposes of the proposition, or in the alternative, declaring and decreeing the Associations' rights under the terms of the proposition. The Associations complain about the manner and timing of pay reductions allegedly made by the School Board in accordance with the provisions of the proposition. The trial court rendered judgment in favor of the School Board, and dismissed the Associations' petition at plaintiffs' cost. The Associations timely appeal. We affirm.

FACTS

On May 23, 1979, the voters of Iberia Parish, Louisiana in an effort to provide teachers and school board employees with additional revenues, passed a sales tax proposition. The proposition provided in part:

"Shall the Parish School Board of the Parish of Iberia, State of Louisiana, under the provisions of Article 6, Section 29(A) of the Louisiana Constitution of 1974 and other constitutional and statutory authority supplemental thereto, be authorized to levy and collect a tax of one-half of one per cent (½%) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the Parish, all as defined in La R.S. 47:301 through La R.S. 47:317, inclusive, with the proceeds of said tax (after paying the reasonable and necessary costs and expenses of collecting and administering said tax) being dedicated and distributed in the stated amounts and to be expended for the following purposes and in the following order of priority:
1. Ninety percent (90%) of the tax revenues to be appropriated and expended for the purpose of payment of costs and expenses of increasing the Parish supplement to the State Minimum Salary Schedule and/or other pay schedules presently being followed in the following stated amounts for the following categories of employees:
a. Certificated Personnel: Persons whose job descriptions require certification:
1. Superintendent               $1,600
2. Assistant Superintendent      1,600
3. 12 month employees            1,600
4. 11 month employees            1,466
5. 10 month employees            1,333
6. 9 month employees             1,200
b. Non-certified Personnel: Persons whose job descriptions do not require certification:

1. 12 month employees            $1,000
2. 11 month employees               917
3. 10 month employees               833

*1089
4. 9 month employees                750
5. Part-Time employees              500
2. Ten percent (10%) of the tax revenues to be appropriated and expended on a pro rata basis of the student population for instructional materials and equipment.
3. All moneys collected in excess of that needed to carry out the expenditures stated above under No. 1, a and b, are to be placed in a reserve fund, such fund and the interest collected therefrom to be used only for the following:
(a) Guaranteeing the disbursement of the salary supplement to be provided under No. 1, a and b;
(b) Paying expenses to be incurred from disbursing the salary supplement, such expenses to include payment of the employer's share (8%) of retirement fund contributions and costs resulting from granting sabbatical and/or other leaves;
(c) Providing for an annual increment, or other employee benefit, to the above described supplement in amounts permissible according to the funds realized, and according to a pre-established plan.
4. Restrictions to be placed on expenditures:
"Should the tax not produce the necessary revenues in any one year, and should there be no moneys provided for disbursement as cited under No. 3 above, the amount of the supplement from this fund for each employee would be proportionately reduced for the following year, such reduction to be replaced when funds are available?"

Since the proposition was passed in 1979, the School Board authorized the initial salary supplement, as permitted in Paragraphs 1, (a) and (b), of the proposition (hereinafter referred to as the supplement). The School Board has always been and is now able to pay the supplement since the proposition was passed. In addition to the supplement, the School Board also granted four salary increments as permitted in Paragraphs 3 and 4 of the proposition. These salary increments (hereinafter referred to as the increments or increment 1, 2, 3, or 4) were made as follows:

(1) July 16, 1980 (effective for 1980-1981 school year)
(2) January 21, 1981 (effective for January 1, 1981)
(3) March 3, 1981 (effective for 1981-1982 school year)
(4) September 1, 1982 (effective for 1982-1983 school year).

Teachers' pay in Iberia Parish, Louisiana during the 1982-1983 school year were composed of (1) the State minimum foundation schedule as provided for in LSA-R.S. 17:421; (2) a parish supplement authorized under the guidelines of a 1968 sales tax proposition; (3) a parish supplement authorized under the guidelines of Paragraph 1 of the 1979 sales tax proposition; and (4) the increments authorized under the guidelines of Paragraphs 3 and 4 of the 1979 sales tax proposition.

The trial court took judicial notice of the fact that in 1979, when the sales tax proposition was passed, the oil industry was booming and the revenues from the sales tax were very high. However, the state and nation experienced a recession a few years later and Iberia Parish, Louisiana also experienced a similar recession. Business fell off and the revenues from the 1979 sales tax dropped. The sales tax revenues for 1983 were 23 percent below that of 1982.

In the middle of the year 1982 the School Board became aware of the declining. sales tax revenues and realized that though revenues from the sales tax were then sufficient, to continue to fund payment of the supplement previously authorized, there might not be sufficient sales tax revenues to continue to fund payment of the increments previously authorized or any new increments that might be authorized under the proposition. Early in the 1982-83 school year, the School Board surveyed each school board employee and teacher by written ballot regarding this potential problem. The employees and teachers overwhelmingly requested the School Board to *1090

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

Related

Ebey v. Avoyelles Parish School Bd.
861 So. 2d 910 (Louisiana Court of Appeal, 2003)
Davis v. Witt
796 So. 2d 38 (Louisiana Court of Appeal, 2001)
Opinion Number
Louisiana Attorney General Reports, 1996

Cite This Page — Counsel Stack

Bluebook (online)
476 So. 2d 1086, 28 Educ. L. Rep. 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-assn-of-educators-v-iberia-par-sch-bd-lactapp-1985.