School District of LaFarge v. Lindner

301 N.W.2d 196, 100 Wis. 2d 111, 1981 Wisc. LEXIS 2689
CourtWisconsin Supreme Court
DecidedFebruary 2, 1981
DocketNo. 80-1749-OA
StatusPublished

This text of 301 N.W.2d 196 (School District of LaFarge v. Lindner) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School District of LaFarge v. Lindner, 301 N.W.2d 196, 100 Wis. 2d 111, 1981 Wisc. LEXIS 2689 (Wis. 1981).

Opinion

BEILFUSS, C.J.

This matter comes before us as an original action for a declaration of rights. On September 24, 1980, the petitioners, the School District of La Farge and two parents of school-age children from that district, filed a petition for leave to commence this action. We granted the petition on October 29, 1980. The cause is submitted for our determination on the basis of an agreed statement of facts.

This controversy stems from an order of the respondent Kenneth E. Lindner, Secretary of the Department of Administration (secretary), which was sent to all heads of executive agencies on July 2, 1980. The order indicated that all allotments made against the general purpose revenue and local tax revenue appropriations would be reduced by 4.4 percent below the levels appropriated for the fiscal year 1980-1981.

On July 22, 1980, the respondent Department of Public Instruction (department) notified the school districts of the contemplated reduction. According to the notice, all aid payments to local districts would be reduced by 4.4 percent. The reduction would affect both general and categorical aids. The payment of general school aid is authorized by sec. 121.01 et seq. Stats. Categorical state aids are payments for special programs, for example, the driver education aid program, school transportation assistance, and programs for children with special educational needs. These types of special purpose aid programs are authorized by various statutes within Title XIV. General school aids for each district are based upon a statutory formula that uses the equalized value of the property within the district as one of its factors. Because of this fact the amount of school aid per pupil can vary considerably from district to district. Categorical aids are not de[113]*113pendent upon district property values and are paid as a specific amount per pupil in the special program under statutory formulas. Funds for both the general and categorical aid programs have been appropriated by the legislature as set forth in ch. 34, Laws of 1979 and in other appropriation bills subsequently enacted into law during the legislative session. If these aid payments are reduced as intended, the school districts will receive about 38.5 million dollars less than the sums appropriated by the legislature.

According to the agreed statement of facts, there will be sufficient revenue available in the general fund to make all aid payments to school districts until the second quarter of calendar year 1981 (the fourth quarter of the fiscal year 1980-1981). During that quarter there will be insufficient revenues to meet all the expenditures contemplated by ch. 20, Stats., as affected by the appropriations enacted into law during the 1979 legislative session.

The secretary has justified the proposed payment reductions on the basis of the authority granted to him by sec. 16.50, Stats.1 The petitioners challenge the sec[114]*114retary-respondent’s authority to reduce payments under the terms of that statute.

We have previously considered the validity of the secretary’s payment reduction order as it related to shared revenue payments to municipalities under secs. 79.03 and 79.16, Stats. It was concluded that sec. 16.50 did not grant the secretary the authority to reduce these payments. See Milwaukee v. Lindner, 98 Wis.2d 624, 297 N.W.2d 828 (1980). The question presented to us in this case is whether the reduction of payments of general and categorical school aids under Title XIV of the statutes is justified by the terms of sec. 16.50.

The secretary of the Department of Administration is the fiscal officer of the state and, as such, is a part of the general executive structure. See secs. 15.05 and 15.-10, Stats. He is charged with the duty of compiling the governor’s budget report under sec. 16.46 and the summary of budget recommendations under sec. 16.461. These recommendations are ultimately incorporated into the executive budget bill and are submitted to the joint finance committee for consideration. See sec. 16.47.

In addition to budget responsibilities, the secretary is the chief monitor of the day-to-day fiscal affairs of the state. Money collected by the various departments is [115]*115turned over to the state treasurer. See sec. 20.906, Stats. The secretary, as head of the Department of Administration, is responsible for keeping account of the monies received or held by the state. See sec. 16.52. He also oversees the expenditures incurred by the various state agencies. The secretary monitors each disbursement and expenditure of the state. Id. Indeed, it is the issuance of the warrant of the Secretary of the Department of Administration to the treasurer which authorizes the payment of sums from the state treasury. Sec. 14.58 provides that the state treasurer shall “pay out of the treasury, on demand, upon the warrants of the department of administration and not otherwise such sums only as are authorized by law to be so paid. . . .” Money is not received into the state treasury nor is it expended by any department without the knowledge and approval of the Department of Administration.

Sec. 16.50, Stats., allows the secretary to keep a quarter-by-quarter monitor on the proposed expenditures of the various departments. All executive agencies are encompassed by the scope of sec. 16.50. See sec. 16.002 (4). Each of these agencies or departments must submit “an estimate by quarters of the amount of money which it proposes to expend upon each of its divisions, activities, functions and programs.” See sec. 16.50(1). The secretary is charged with the duty of examining these estimates for the purpose of determining, inter alia, whether there are adequate appropriations for the expenditures and whether there will be sufficient revenue to meet the contemplated expenditures. Sec. 16.50(2). If the secretary does not approve of the departmental estimate, he “may not draw his warrant for payment of any expenditure incurred by any department.” Sec. 16.50(5). In effect, the secretary can modify or prevent the payment of a departmental expenditure by virtue of his refusal to issue a warrant for payment when he perceives a fiscal crisis.

[116]*116The secretary argues that the language of sec. 16.50 (2), Stats., grants to him the authority to reduce expenditures, including school aids, when the facts indicate that sufficient revenue will not be available to fund all legislative appropriations. The secretary contends that the payment of school aids is a function, activity, and program of a division of the Department of Public Instruction within the meaning of sec. 16.50(1). Therefore, he concludes sec. 16.50 grants him the authority to reduce payments under the school aids plan.

We do not accept the secretary’s interpretation of sec. 16.50, Stats. Under sec. 16.50 the secretary may modify payments of amounts of money which a department “proposes to expend upon each of its divisions, activities, functions and programs.” In light of our recent decision in Milwaukee v. Lindner, supra, we conclude that the payment of school aids is not an expenditure for a departmental division, activity, function or program.2

In the case of Milwaukee v. Lindner, it was held that sec. 16.50, Stats., did not authorize the reduction of shared revenue payments to municipalities under ch. 79.

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Related

City of Milwaukee v. Lindner
297 N.W.2d 828 (Wisconsin Supreme Court, 1980)

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301 N.W.2d 196, 100 Wis. 2d 111, 1981 Wisc. LEXIS 2689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-district-of-lafarge-v-lindner-wis-1981.