State ex rel. Niess v. Junkins

563 S.W.2d 173, 1978 Mo. App. LEXIS 2133
CourtMissouri Court of Appeals
DecidedMarch 1, 1978
DocketNo. 10077
StatusPublished
Cited by2 cases

This text of 563 S.W.2d 173 (State ex rel. Niess v. Junkins) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Niess v. Junkins, 563 S.W.2d 173, 1978 Mo. App. LEXIS 2133 (Mo. Ct. App. 1978).

Opinion

HOGAN, Judge.

This is a proceeding in mandamus. Rela-tors, suing as an unincorporated association pursuant to Rule 52.10, V.A.M.R.,1 sought construction and enforcement of § 163.-031(9), which, during the time here involved, regulated the disbursement of school foundation funds2 and read:

“[A] school district shall spend for teachers’ salaries each year at least eighty percent of the state school funds received under this section that year as provided by section 163.061 and as much of the revenue produced by local tax levies as was spent for teachers’ salaries the previous year. In the event a district fails to comply with this provision, the amount by which the district fails to spend funds as provided herein shall be deducted from the district’s apportionment for the following year, provided that the state board of education may exempt a school district from this provision if the state board of education determines that circumstances warrant such exemption.”

We have concluded we have no jurisdiction of this appeal, but have also concluded that a brief development of the issues presented is appropriate.

Given reasonable intendment and summarized as material here, the substantive averments of the petition for the alternative writ are: (1) that the relators Niess, Biggs, Lauck and Rupar are teachers employed by the respondent school district and are members of an unincorporated association consisting of a majority of all the teachers employed by the district; (2) that the action is brought for and on behalf of all teachers employed by the district and that relators as representatives of the unin[175]*175corporated association will fairly and adequately protect the interests of the association, its members and other teachers who are not members, in accordance with Rule 52.10;3 (3) that the relators are paid from a teachers’ fund as required by statute, and that the payment of teachers’ salaries is regulated and determined by the provisions of § 163.031(8) and (9); (4) that respondents have been advised that the school district will receive an allocation of state foundation funds in excess of the sum anticipated by the respondents during the 1974-75 school year; (5) that the relators have repeatedly “demanded” that respondents meet with them for the “purpose of arranging to modify” relators’ contracts by “adjusting” relators’ compensation so as to absorb the alleged additional amount available in the teachers’ fund, and (6) that the teachers of the district have a property right in and a “statutory entitlement” to be paid an additional amount as determined by § 163.031(9). It is also alleged that the teachers employed by the district have no adequate or equally efficient alternative remedy available. Prayer is for the issuance of an alternative writ, hearing of all matters in issue and for issuance of a peremptory writ.

An alternative writ issued. The respondents filed a responsive motion directed to relators’ petition and the alternative writ. In their motion, the respondents sought dismissal for failure to state a claim upon which relief could be granted, alleged that the unincorporated association lacked the capacity to sue, and alternatively prayed determination whether the individual rela-tors adequately represented the claims of all teachers employed by the district. In their return to the alternative writ, respondents: (1) admitted that they anticipated receipt of more state foundation funds than they anticipated receiving at the time their preliminary budget was prepared; and (2) averred that modification of the teachers’ contracts to increase their compensation for the 1974-75 school year would be violative of Mo.Const. art. Ill, § 39(3).4 Respondents renewed their original objections by reference.

The trial court heard a good deal of oral testimony and received a number of exhibits. For the most part, the evidence consists of competing calculations made by different accounting methods; both the rela-tors and the respondents contend that a proper construction of Chapter 163 demands acceptance of their calculations. In consequence, the evidence is sometimes confusing but not really complex and may, for our purposes, be briefly summarized. Relator Rupar testified that he was a teacher employed by the Joplin R-VIII School Board; that he was chairman of the “negotiating team” designated by the Joplin Community Teachers Association, an unincorporated association, and that one duty of the negotiating team was to meet, discuss and confer with the board when salary figures were established for the school year. It is fairly inferable that the relators were all teachers employed by the respondents. It was shown that there was approximately 340 teachers who were members of the Joplin Community Teachers Association. The trial court found as facts that the relators fairly and adequately represented the unincorporated association and that they had been authorized by the association to bring this action in its behalf.

In general, the relators’ evidence tended to show that the district’s teachers had “negotiated” their salary schedule in June 1974, or prior to that time, and were given an 8½ percent raise. The school tax levy was increased, in large part to defray the cost of the raise. Nevertheless, at the time the salary schedule was adopted, both the relators and the respondents anticipated [176]*176that the district would receive $2,744,120 from the state foundation program, of which 80 percent ($2,219,296) would be allocated to the teachers’ fund as required by § 165.011(1), RSMo (1969). It is readily inferable that the relators, at least, relied on this preliminary figure when the 1974-75 salary schedule was adopted.

In September 1974, the district was notified that its prorated apportionment of school foundation funds would be $2,947,-672. Eighty percent of this amount or $2,358,138 was thus allocable to and was in fact allocated to the teachers’ fund, as indicated by the incorporation of both these figures in the final budget adopted by the district in October 1974.5 The difference between the “preliminary” and “final” allocation of state foundation funds was $138,-842; it is admitted that the teachers’ salaries were never adjusted to reflect this increase. During the school year the relators, or their negotiating team, several times sought disbursement of the $138,842 in increased salaries. The respondents agreed only to discuss future payment in the manner suggested by the relators. Such is the substance of the relators’ case.

The respondents’ evidence was directed toward showing that according to the standards used by the State Board of Education in determining compliance with § 163.-031(9), the district would in fact be in compliance for the 1974-75 school year. To this end, the respondents offered two sets of computations prepared by the district, each of which purports to show methods of computation which could be used by the State Board of Education in determining compliance vel non with the statutory requirement. Essentially, these computations are projections, and as we understand the respondents’ argument, it is respondents’ contention that the relators’ computations do not accurately take into account the “local effort” expenditures.

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State Ex Rel. Lack v. Melton
692 S.W.2d 302 (Supreme Court of Missouri, 1985)

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Bluebook (online)
563 S.W.2d 173, 1978 Mo. App. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-niess-v-junkins-moctapp-1978.