Louisiana Ass'n of Educators v. St. Tammany Parish School Board

430 So. 2d 1144, 11 Educ. L. Rep. 366, 1983 La. App. LEXIS 8360
CourtLouisiana Court of Appeal
DecidedApril 5, 1983
DocketNos. 82 CA 0521, 82 CA 0522
StatusPublished
Cited by10 cases

This text of 430 So. 2d 1144 (Louisiana Ass'n of Educators v. St. Tammany Parish School Board) 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
Louisiana Ass'n of Educators v. St. Tammany Parish School Board, 430 So. 2d 1144, 11 Educ. L. Rep. 366, 1983 La. App. LEXIS 8360 (La. Ct. App. 1983).

Opinion

COVINGTON, Judge.

The Louisiana Association of Educators, the St. Tammany Parish Association of Educators, several classroom teachers and a registered voter appeal a judgment of the district court which denied them the relief they sought and dismissed their suit against the St. Tammany Parish School Board.

The plaintiffs had sued to obtain declaratory and injunctive relief to require the School Board to allocate 83.8 percent of the proceeds derived from the 1966 sales tax for the payment of supplemental salaries to classroom teachers and specialists, to reimburse the sales tax fund for all expenditures allegedly used for a purpose other than for such supplemental salaries, and to establish a salary schedule for classroom teachers which would be competitive with neighboring parishes.

In a companion suit, the St. Tammany Federation of Teachers and several classroom teachers sued the School Board, its individual members, and its superintendent, seeking similar relief. A class action was also filed against the School Board, its members and superintendent for certain back salaries for the teachers.

[1146]*1146The suits were consolidated for trial, with the proceedings in the class action held in abeyance pending the outcome of the actions for declaratory and injunctive relief.1

The trial court denied plaintiffs in both suits the relief they requested, and dismissed their suits. The court below found that the School Board was not obligated to use 83.8 percent (or any other specific percentage) of the special sales tax proceeds for classroom teachers’ salaries. The court also held that the only obligations of the School Board with respect to the use of such tax proceeds were: First, to establish a teacher salary schedule (the amounts being solely within the Board’s discretion); second, to fund the schedule with proceeds from the sales tax; and third, to use the remainder of the proceeds for any other legal purpose at the discretion of the Board.

In April 1965, the School Board was requested to call a sales tax election to supplement salaries of classroom teachers. The St. Tammany Parish Police Jury joined with the School Board in presenting to the voters a proposition providing for a sales tax, with the proceeds to be equally divided between the Police Jury and the School Board.2

The proposition was voted down; however the School Board, teachers, and interested citizens decided to try again to get voter approval of such a sales tax. On May 10, 1966, the School Board proceeded with plans for another sales tax election. The election was called for June 25, 1966.

The proposition submitted to the electorate on June 25, 1966, read as follows:

PROPOSITION
Shall the Parish School Board of the Parish of St. Tammany, State of Louisiana, under the provisions of R.S. 33:2737, and other constitutional and statutory authority supplemental thereto, be authorized to levy and collect, and adopt an ordinance providing for such levy and collection, a tax on one per cent (1%) upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services in the Parish of St. Tammany, all as presently defined in R.S. 47:301 through 47:317, with the proceeds of said tax (after paying reasonable and necessary costs and expenses of collecting and administering the tax) to be used first to supplement other revenues available to the School Board for the payment of salaries of teachers in the public elementary and secondary schools of the Parish in accordance with the St. Tammany Parish School Board salary schedule; next for the payment of salaries of lunchroom personnel, custodial and janitorial workers and bus drivers employed by the School Board; with any remaining revenues to be used for the expenses of operating said schools?

The school board members in favor of the tax, together with teachers and other school employees as well as interested citizens, engaged in an active campaign to have the sales tax passed. An advertising firm was employed to assist in the promotion of the tax. These efforts were successful, and on June 25, 1966, the sales tax passed.

[1147]*1147On June 29, 1966, the School Board met, canvassed the returns, and enacted the necessary ordinance to effect imposition and collection of the tax. It was ordered that all sales tax proceeds received by the School Board treasurer be deposited into a special fund designated as “St. Tammany Parish School Board Sales Tax Fund.” The ordinance further provided that after payment of commissions to dealers and costs of collection, all funds remaining in the sales tax fund were to be available for appropriation and expenditure by the Board for the purposes set out in the proposition.

The tax was authorized and imposed pursuant to LSA-R.S. 33:2737.3

This statute authorizes the imposition of a sales tax for any of the following purposes: salaries of teachers, expenses of operating schools, or salaries of teachers and expenses of operating schools. It is clear that the School Board could have specifically designated a percentage of the tax proceeds to go to any or all of these categories. In other words, the proposition could have called for 83.8% or any other percentage to go specifically toward supplementing teacher salaries. But it did not do so; the proposition passed by the electorate was not that definite.

The appellants look to the circumstances surrounding the passage of the sales tax to provide a legislative history for assistance in interpreting the adopted proposition. At one point, the School Board was in agreement with the recommendation of the teachers’ associations that 80.4 percent of the funds generated be allocated to teachers’ salaries. This percentage was not placed in the proposition submitted to the electorate.

The campaign conducted in support of the tax included meetings, one-on-one confrontations, pamphlets, and newspaper advertisements. The Superintendent of [1148]*1148Schools and all but one of the School Board members, acting in their individual capacity, were quite active in the campaign for passage of the tax.

Of interest is the document entitled “AN IMPORTANT MESSAGE TO THE VOTERS OF ST. TAMMANY PARISH.” In this document the President of the School Board stated “The money derived from this sales tax increase will be used to raise the salary schedules of teachers, bus operators, janitorial staff, lunchroom personnel, and to employ six additional school secretaries.” The document further indicated that the amount of $646,968.93 was the net anticipated revenue which would go to teachers’ salaries. Another “fact sheet” paid for by certain Board members also indicated that out of every $100.00 collected, $83.80 would go to classroom teachers. However, these promotional assertions must be considered in light of the revenue anticipated from the sales tax. The brochures referred to the then salary schedule (which would require 83.8 percent of funds generated), and made no mention of future salary schedules, or increased tax revenues.

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Bluebook (online)
430 So. 2d 1144, 11 Educ. L. Rep. 366, 1983 La. App. LEXIS 8360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-assn-of-educators-v-st-tammany-parish-school-board-lactapp-1983.