Rousselle v. Plaquemines Parish School Board

620 So. 2d 946, 1993 La. App. LEXIS 2332, 1993 WL 205060
CourtLouisiana Court of Appeal
DecidedJune 15, 1993
DocketNo. 92-CA-2171
StatusPublished
Cited by1 cases

This text of 620 So. 2d 946 (Rousselle v. Plaquemines 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
Rousselle v. Plaquemines Parish School Board, 620 So. 2d 946, 1993 La. App. LEXIS 2332, 1993 WL 205060 (La. Ct. App. 1993).

Opinion

JONES, Judge.

Defendant, Plaquemines Parish School Board, appeals the trial court’s issuance of a writ of mandamus directing it to “negotiate and offer” plaintiff a new contract, as required by La.R.S. 17:444(B)(4)(c)(iv), relative to his position as principal of Belle Chasse High School.

The facts of this matter are not in dispute. Therefore, we adopt the trial court’s statement of facts as it appears in the trial court’s Reasons for Judgment, to wit:

Rousselle was employed as principal of Belle Chasse High School by virtue of a contract dated July 9, 1990. This two year contract expired by its own terms at the close of the 1991-92 school year. At that time, the School Board voted not to renew that contract despite a recommendation that he be reemployed in that position by the superintendent of schools, Carrol A. Perlander_

Rousselle was informed by the Superintendent of Schools that he would be returned to the position he held prior to his promotion to principal. Rousselle filed suit claiming that La.R.S. 17:444(B) as amended by Act 779 of 1991, required that he receive cause prior to having his contract non-renewed. Rousselle asked the trial court to issue a writ of mandamus directing the School Board to offer him a contract extension. Pursuant to a hearing on Rousselle’s rule, the trial court ordered that an alternative writ of mandamus be made peremptory and offered extensive reasons for judgment. It is from this judgment that defendant appeals.

The trial court found that because Rousselle’s contract expired after July 19, 1991, the effective date of Act 779, the School Board was bound by this legislation requiring the School Board to “negotiate and offer a new contract at the expiration of each existing contract unless the superintendent recommends against a new contract.” By his first assignment of error defendant argues that this finding is in error.

At the time the parties entered into the contract La.R.S. 17:444(B)(3)(c), the substantive provision relevant to this matter, read:

The board and the employee may enter into subsequent contracts for such employment. Not less than sixty days prior to the termination of such a contract, the superintendent shall notify the employee of termination of employment under such contract, or in lieu thereof the board and the employee may negotiate and enter into a contract for subsequent employment. If any person so employed shall fail to fulfill the terms and performance objectives of his contract during the term of his employment, he shall be removable [948]*948for such cause by the superintendent; provided, however, that any person so removed shall have the right to written charges, notice of hearings, and a fair hearing before the superintendent and the board....

(emphasis added.) The law as it existed allowed public school systems in Louisiana to give promotional appointment contracts rather than tenure to teachers promoted into higher paying positions. School Boards were not required to renew such contracts but could, instead, choose not to renew them without stating any reason for so doing. Defendant argues that at the termination of its contract with Rousselle, under the terms of this provision, it was not required to state any reason for non-renewing its agreement nor was it obligated to renew in the absence of an unsatisfactory evaluation.

The 1991 legislation completely changed the intent of the statute and granted tenure-like protections to teachers promoted into higher paying positions. Defendant submits that the fact that Rousselle’s contract expired after the effective date of the 1991 legislation is not sufficient to alter the obligations of the contract between the parties. Defendant cites Block v. Reliance Insurance Company, 433 So.2d 1040 (La.1983); Yamaha Motor Corporation, U.S.A. v. Bonfanti Industries, Inc., 589 So.2d 575 (La.App. 1st Cir.1991); Voelkel v. Harrison, 572 So.2d 724 (La.App. 4th Cir.1990) writ denied 575 So.2d 391 (La.1991) to support its argument that statutes which are enacted or amended after the time of contracting cannot be retroactively applied to alter the obligations of that contract even though the act giving rise to the obligation occurs after the effective date of the new statutory language.

We are persuaded by the case law that the obligations of parties to a contract are fixed at the time the contract is entered into. In Block v. Reliance Insurance Company, supra at 1044, the Supreme Court wrote:

Article 1, Section 23 of the Louisiana Constitution prohibits the legislature from enacting any law which impairs the obligation of a contract. Where the statute in question was not in effect at the time of contracting, it cannot be retroactively applied to alter the obligations of that contract, even though the act giving rise to the obligation occurs after the effective date of the statute.

(emphasis added.) By applying the law as it had been amended in 1991 the trial court was retroactively applying the legislation.

By defendant’s second assignment of error, it argues that the trial court erred in finding that because the 1991 legislation was interpretive rather than substantive, it was an exception to the rule disallowing retroactive application of laws. The court cited several cases including Winstead v. Ed’s Live Catfish & Seafood, 554 So.2d 1237, 1241 (La.App. 1st Cir.1989) writ denied 558 So.2d 570 (La.1990), Voelkel v. Harrison, supra and State v. Landry, 568 So.2d 1125 (La.App. 5th Cir.1990). The court stated that, when read as a whole, these cases suggest that when there is an underlying legal principle, such as the Teacher Tenure Law, legislation which changes certain aspects of the law is given retroactive application in order to insure the integrity of the underlying statutory scheme. The court reasoned that it must look to jurisprudence relative to the Teacher Tenure Law to determine whether, within that context, the subject legislation was promulgated to protect substantive rights and therefore should be retroactively applied. The court examined several cases; specifically, Kennington v. Red River Parish School Board, 200 So. 514, 516 (La.App. 2d Cir.1940); State ex. rel. Bass v. Vernon Parish School Board, 194 So. 74, 76 (La.App. 1st Cir.1940); Andrews v. Union Parish School Board, 184 So. 574 (La.App. 1st Cir.1938) affirmed 191 La. 90, 184 So. 552 (La.1938); McCoy v. Tangipahoa Parish School Board, 308 So.2d 382 (La.App. 1st Cir.) writ denied 310 So.2d 856 (La.1975). All of these cases precede the 1985 legislation which eliminated teacher tenure. 1985 La.Acts 988.

Defendant states that Rousselle’s position, as adopted by the trial court, that the 1991 legislation did not change the terms of [949]*949the contract between the Board and himself but merely changed the procedure under which subsequent contracts would be issued is clearly erroneous. This is not an instance where “the legislature is simply stating more clearly what it intended to say in the first place.” See: Green v. Liberty Mutual Insurance Company, 352 So.2d 366, 368 (La.App. 4th Cir.1977) writ denied 354 So.2d 210 (La.1978). Rather, this is an instance where the legislature was changing its position on the law. Such can be discerned by a review of the legislative history of La.R.S. 17:444(B) which reveals that the 1991 legislation made substantiva changes in the statute.

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Related

Rousselle v. Plaquemines Parish School Bd.
633 So. 2d 1235 (Supreme Court of Louisiana, 1994)

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620 So. 2d 946, 1993 La. App. LEXIS 2332, 1993 WL 205060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rousselle-v-plaquemines-parish-school-board-lactapp-1993.