Ouachita Parish Sch. Bd. v. Ouachita

362 So. 2d 1138, 1978 La. App. LEXIS 2977
CourtLouisiana Court of Appeal
DecidedAugust 28, 1978
Docket13583
StatusPublished
Cited by17 cases

This text of 362 So. 2d 1138 (Ouachita Parish Sch. Bd. v. Ouachita) 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
Ouachita Parish Sch. Bd. v. Ouachita, 362 So. 2d 1138, 1978 La. App. LEXIS 2977 (La. Ct. App. 1978).

Opinion

362 So.2d 1138 (1978)

OUACHITA PARISH SCHOOL BOARD, Plaintiff-Appellee,
v.
OUACHITA PARISH SUPERVISORS ASSOCIATION et al., Defendants-Appellants.

No. 13583.

Court of Appeal of Louisiana, Second Circuit.

August 28, 1978.

*1139 Robert P. McLeod by David E. Verlander, III, Monroe, for plaintiff-appellee.

McKinley, Bruscato & Loomis by Anthony J. Bruscato, Monroe, for defendant-appellant.

Kostelka & Swearingen by Robert W. Kostelka, Monroe, Hudson, Potts & Bernstein by Jesse D. McDonald, Monroe, Charles D. Jones, Jefferson, Bryan & Gray by William J. Jefferson, New Orleans, for defendants-appellees.

Before BOLIN, MARVIN and JONES, JJ.

*1140 JONES, Judge.

The Ouachita Parish Supervisors Association and the supervisors employed by the Ouachita Parish School Board appeal a declaratory judgment which decreed that the supervisors were not entitled to participate in the proceeds of a sales tax levied by a Ouachita Parish School Board ordinance passed pursuant to a tax election held on May 25, 1968. The appeal was answered by the Classroom Teachers of Ouachita Parish Teacher's Association seeking an increase in the lower court's award of attorney fees to cover the expenses of attorney fees incurred on appeal. We increase the attorney fee award and as amended affirm the declaratory judgment.

The sales tax proposition submitted to the voters of Ouachita Parish in the May election provided that the proceeds from the tax would be used as follows:

"Eighty-eight percent (88%) of the revenues received by each School Board is to be used for the payment of salaries of teachers, as defined by the State Department of Education, in the elementary and secondary schools of said City and said Parish and is to be divided equally among said teachers in each school system; and Twelve percent (12%) of the revenues received by each School Board is to be used for the payment of salaries of personnel, other than said teachers and school board central office, administration and supervisory personnel, employed by the respective school boards."

The proposition submitted to the electorate and the ordinance imposing the tax were authorized by LSA-R.S. 33:2737.

The Ouachita Parish School Board interpreted the 1968 proposition and ordinance pursuant thereto to exclude instructional supervisors from participating in the proceeds of the sales tax. In 1975 the supervisors employed by the school board made demand upon the school board for a pro-rata share of the sales tax revenue but the school board denied the request. Following the receipt of the request the school board escrowed the portion of the sales tax fund which the supervisors contended they were entitled to receive. In 1977 the board instituted this declaratory judgment action to determine whether the supervisors were entitled to participate in the supplementary salary fund.

The issue is whether the supervisors are teachers within the contemplation of the proposition passed by the voters in May of 1968.

The evidence established that the State Department of Education has never formally defined teachers. The State Department Bulletin # 746 at page 3 does require teachers and supervisors to have a certificate issued by the department based upon their qualifications.[1]

This requirement does not resolve the problem presented because the State Department of Education requires the other professional categories of school personnel to hold the certificate. The bulletin requires supervisors to have qualifications in addition to the teaching certificate. For these reasons the requirement that teachers and supervisors have teaching certificates does not establish that the categories of employment are identical nor that the term teachers include supervisors.

Because of the failure of the State Department to define teachers, the resolution of the meaning of teachers within the contemplation of the sales tax proposition must be determined by using recognized principles of statutory interpretation.

The proposition must be read as a whole and interpreted so that each word, clause and sentence shall be given full effect. Both paragraphs must be read together and *1141 in relation with each other. The meaning of the first section which is in dispute must be determined by interpreting it with the second section to arrive at the overall meaning of the proposition. CC Article 16, LSA-R.S. 1:3, State v. Cazes, 262 La. 202, 263 So.2d 8 (1972) and CHF Finance Company v. Jochum, 241 La. 155, 127 So.2d 534 (1961).

Teachers referred to in the 88% paragraph are distinguished from the added classification of persons described in the 12% paragraph as school board central office, administration and supervisory personnel.

"Twelve percent (12%) of the revenues received by each school board is to be used for the payment of salaries of personnel, other than said teachers and school board central office, administration and supervisory personnel, employed by the respective school boards."

The phrase said teachers in the 12% paragraph can only refer to teachers referred to in the 88% paragraph where the term teachers was first mentioned in the proposition.

Where the word said modifies a term, that term is limited to the previous identification of that same term within the statute. See Antoine v. Consolidated-Vultee Aircraft Corporation, 217 La. 251, 46 So.2d 260 (1950), Reynaud v. Bullock, 195 La. 86, 196 So. 29 (1940). The phrase said teachers used in the 12% paragraph necessarily refers to the same teachers as those identified in the 88% paragraph. The separate identification of school board central office, administration and supervisory personnel clearly demonstrates that supervisory personnel are persons who are separate and distinct from teachers entitled to receive the 88% revenues.

The District Court gave this interpretation as one of its grounds for the decision rendered saying:

"The `12% paragraph' must be read together with the `88% clause' so as to give meaning to the entire resolution.
This excluded from participation in 12% of the sales tax revenues `said teachers' which obviously refers to the teachers in the first paragraph, `and school board central office, administration and supervising personnel'.
A distinction is made between the teachers and the others named. `Teachers' are being put in one category and `school board central office, administration and supervisory personnel in another'."

If supervisory personnel were intended to be included within the term teachers as it was used in the 88% paragraph, there would have been no need for the specific listing of supervisory personnel as persons excluded from participating in the 12% portion of the tax because the term said teachers included first in the list of exclusionary categories of the 12% paragraph would have adequately eliminated the supervisory personnel from participating in the 12% portion of the sales tax proceeds.

The mandate that each word of the proposition be given meaning and effect requires the determination that supervisory personnel be a category of school board employees separate and apart from said teachers within the meaning of the 12% paragraph.

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Bluebook (online)
362 So. 2d 1138, 1978 La. App. LEXIS 2977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ouachita-parish-sch-bd-v-ouachita-lactapp-1978.