Reed v. Hillsboro Public School District No. 9

477 N.W.2d 237, 1991 N.D. LEXIS 191, 1991 WL 231574
CourtNorth Dakota Supreme Court
DecidedNovember 12, 1991
DocketCiv. 900392
StatusPublished
Cited by7 cases

This text of 477 N.W.2d 237 (Reed v. Hillsboro Public School District No. 9) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. Hillsboro Public School District No. 9, 477 N.W.2d 237, 1991 N.D. LEXIS 191, 1991 WL 231574 (N.D. 1991).

Opinions

MESCHKE, Justice.

Hillsboro Public School District No. 9 appealed from a judgment granting the petition of Susan Reed, Bruce Moen, Ed Beyer, Judith M. Freeland, Richard A. Fli-eth, Charles Hanson, Ronald B. Gadberry, Jill DeNucci, Anne McSparron, Mary Hanson, Helen Goodfellow, Keith Meyer, Beverly Nelson, and Julie M. Zerface for a writ of mandamus and ordering the District to restore $63,950.39 from its building fund to its special reserve fund. We reverse.

Upon review of the District’s financial report for July 1, 1988, through June 30, 1989, petitioners discovered “that there was a transfer made from the special reserve fund to the capital expenditures fund of approximately $63,000.00.” Petitioners sought mandamus to require replacement of “funds taken from the special reserve fund and placed into the building fund.”

The trial court found: (1) that at a regular school board meeting on September 8, 1988, the District “passed a motion to request the county treasurer to transfer 50 percent of the special reserve fund of the ... District to the district’s general fund”; (2) that the sum transferred was $68,804.31 including $4,853.92 in interest that was “not subject to the issues in this lawsuit”; (3) that the transferred money “was spent for the construction and maintenance of school district buildings”; and (4) that “[n]o evidence was presented to the Court that collections from taxes levied for the 1988-89 fiscal year were insufficient to meet the requirements of the budget for teacher’s salaries, heat, light, and fuel.” The court concluded that, in making the transfer, the District “failed to comply with the provisions of N.D.C.C. Section 57-19-06 and therefore said transfer is illegal.” The court ordered the District to “transfer $63,-950.39 from its current building fund to the special reserve fund.” The District appealed.

Those seeking mandamus must show a clear legal right to performance of the act to be compelled.

A writ of mandamus may be issued “to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station” (§ 32-34-01, N.D.C.C.) “when there is not a plain, speedy, and adequate remedy in the ordinary course of law” (§ 32-34-02, N.D.C.C.). “A petitioner for a writ of mandamus must show a clear legal right to performance of the act sought to be compelled and the denial of a writ will not be overturned unless the trial court abused its discretion.” Fargo Beverage Co. v. City of Fargo, 459 N.W.2d 770, 773 (N.D.1990).

Peterson v. McKenzie County Public School Dist. No. 1, 467 N.W.2d 456, 458 (N.D.1991). School boards have “extensive discretionary powers relating to the raising, management, and disposition of funds for the operation and maintenance of schools.” Id. at 458. A school district is a municipality for purposes of NDCC Title 57. NDCC 57-02-01(9). Therefore, “there is a range of reasonableness within which a [school district’s] manner and means of exercising [its] powers will not be interfered with or upset by the judiciary.” Peterson, 467 N.W.2d at 458. This framework guides our examination of the District’s transfer of funds in this case.

Since 1943, each school district has been authorized to set aside and maintain a special reserve fund “which shall not exceed in amount at any one time the sum which could be produced by a levy of the maximum mill levy allowed by law in that district for that year.” NDCC 57-19-01. This fund is kept by the county treasurer, but income or interest earned on it is annually paid to the district’s general fund. NDCC 57-19-02. Accumulations in this special reserve fund are derived from unspent funds of the district set aside for that [239]*239purpose, NDCC 57-19-03, and from an annual tax levy of three mills “in addition to tax levy limitations otherwise specified by law.” NDCC 57-19-04. This special reserve fund “shall not be considered” by the school district in determining its annual budget. NDCC 57-19-05. Here, the District withdrew $63,950.39 from its special reserve fund for its general fund in September 1988, on the same date that it also funded building repairs and maintenance in a much larger amount, including over $63,-000 from its general fund. Since we held in Peterson v. McKenzie County Public School Dist. No 1 that a school district is authorized to transfer money from its general fund to its building fund, the question in this case boils down to whether the District was authorized to withdraw funds from its special reserve fund for its general fund.

Until 1987, use of the special reserve fund was governed by an earlier version of NDCC 57-19-06, thus:

Whenever collections from the taxes levied for the current budget are insufficient to meet the requirements of such budget for teacher salaries, heat, light, and fuel, a majority of the governing body of the school district, by resolution, may provide for the issuance of vouchers directed to the county treasurer, drawing on funds in said special reserve fund of such district. Such voucher may be substantially in the same form as a warrant, but shall not be a negotiable instrument, and shall direct the county treasurer to pay over to the school district from the special reserve fund the amount of money specified in the voucher. Subject to the limitations in the next section, the county treasurer shall transfer from the special reserve fund to the school district general fund the sum so specified, and shall enter such voucher in a book to be known as the special reserve fund voucher register in the order in which they are issued.

The amount of outstanding vouchers is limited and their repayment is provided through redemption from unencumbered taxes that have been levied for the general fund of the school district but that are uncollected at the time the voucher is issued.

Limitation on amount drawn from fund — Tax collections used to restore fund. The amount of outstanding, unredeemed vouchers shall never exceed in the aggregate a sum equal to eighty-five percent of the unencumbered uncollected taxes for the current and fifty percent for the four preceding years which are apportionable to the general fund of such school district. Such vouchers, in the hands of the county treasurer, shall be redeemed from the collections of such uncollected taxes....

NDCC 57-19-07 (part). This statutory structure was changed in 1987.

In 1987, NDCC 57-19-06 was temporarily amended for only two years, and thereafter in each of the 1989 and 1991 legislative sessions the amendment was again carried forward for another two years. This amendment added and carried forward a separate subsection to authorize additional amounts to be withdrawn from the fund without any provision for repayment.

Special reserve fund — How and when used.
1.

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Reed v. Hillsboro Public School District No. 9
477 N.W.2d 237 (North Dakota Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
477 N.W.2d 237, 1991 N.D. LEXIS 191, 1991 WL 231574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-hillsboro-public-school-district-no-9-nd-1991.