§ 17:72 — Baker School Board; election districts; compensation of members;

Louisiana § 17:72

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§72. Baker School Board; election districts; compensation of members;
exercise of powers, duties, functions, and responsibilities; operation of
city of Baker municipal school system
A.(1) If a majority of the qualified electors of the East Baton Rouge
Parish Consolidated School District No. 1, comprised of the parish of East
Baton Rouge, voting on the question of the incurrence of debt and the issuance
of bonds payable from ad valorem taxes to be levied and collected in the
manner provided by law and/or the levy of a sales and use tax by or for the
benefit of the East Baton Rouge Parish School Board, all or any portion
thereof which may be funded into bonds for the purpose of addressing the
condition of the physical facilities of the East Baton Rouge Parish school
system, shall fail to approve the issuance of such bonds and the imposition of
any such taxes on or before July 18, 1998, the municipal governing authority
of the city of Baker may call an election for the election of the members of the
city of Baker School Board.
(2) In the event such an election is called for the election of the
members of the city of Baker School Board, it shall be held at the time of the
congressional primary election in 1998, or on a subsequent date authorized by
law for the conduct of special elections for the election of candidates.
(3) In the event such an election is held at the time of the congressional
primary election in 1998, each member of the city of Baker School Board shall
be elected from a single-member district as created and adopted by the
municipal governing authority of the city of Baker in accordance with Act No.
973 of the 1995 Regular Session.
(4)(a) However, in the event the districting plan adopted by the
municipal governing authority of the city of Baker in accordance with Act No.
973 of 1995 is not "pre-cleared" in accordance with Section 5 of the Voting
Rights Act, then, in that event, the municipal governing authority of the city
of Baker may develop a new districting plan to divide the city into single-member districts from each of which one member of the city of Baker School
Board shall be elected. Such districts shall be drawn, in a manner such that
each member of the board represents as nearly as possible the same number of
persons, utilizing population figures from the latest decennial federal census,
to be effective in time for the date of the congressional primary election in
1998 for the election of the members of the city of Baker School Board.
(b) Prior to the final adoption of such a new districting plan, as
provided for in Subparagraph (a) of this Paragraph, the municipal governing
authority of the city of Baker shall order a public hearing on the proposed new
plan and shall cause to be published in a newspaper published within the city
of Baker at least twenty days prior to the date of such hearing, the time and
place thereof, a general summary and map of the proposed plan and the times
and places where copies of the proposed plan are available for public
inspection.
(5) In the event such an election is held at the time of the congressional
primary election in 1998, the members of the city of Baker School Board so
elected, and their successors in office, shall serve for four-year concurrent
terms.
B.(1) If a majority of the qualified electors of the East Baton Rouge
Parish Consolidated School District No. 1, comprised of the parish of East
Baton Rouge, voting in any election held not later than July 18, 1998, on the
question of the incurrence of debt and the issuance of bonds payable from ad
valorem taxes to be levied and collected in the manner provided by law and/or
the levy of a sales and use tax by or for the benefit of the East Baton Rouge
Parish School Board, all or any portion thereof which may be funded into
bonds for the purpose of addressing the condition of the physical facilities of
the East Baton Rouge Parish school system, shall approve the issuance of such
bonds and the imposition of any such taxes, the municipal governing authority
of the city of Baker may call an election for the election of the members of the
city of Baker School Board at the time provided for in Paragraph (2) of this
Subsection.
(2) In the event such an election is called for the election of the
members of the city of Baker School Board, it shall be held at the time of the
congressional primary election in 2002, or on a subsequent date authorized by
law for the conduct of special elections for the election of candidates.
(3) In the event such an election is held at the time of the congressional
primary election in 2002, each member of the city of Baker School Board shall
be elected from a single-member district as created and adopted by the
municipal governing authority of the city of Baker in accordance with
Paragraph (4) of this Subsection.
(4)(a) On or before July 1, 2001, the municipal governing authority of
the city of Baker may develop a new districting plan to divide the city into
single-member districts from each of which one member of the city of Baker
School Board shall be elected. Such districts shall be drawn, in a manner such
that each member of the board represents as nearly as possible the same
number of persons, utilizing population figures from the latest decennial
federal census, to be effective in time for the date of the congressional primary
election in 2002 for the election of the members of the city of Baker School
Board.
(b) Prior to the final adoption of such a new districting plan, the
municipal governing authority of the city of Baker shall order a public hearing
on the proposed new plan and shall cause to be published in a newspaper
published within the city of Baker at least twenty days prior to the date of such
hearing, the time and place thereof, a general summary and map of the
proposed plan, and the times and places where copies of the proposed plan are
available for public inspection.
(5) In the event such an election is held at the time of the congressional
primary election in 2002, the members of the city of Baker School Board so
elected, and their successors in office, shall serve for four-year concurrent
terms.
C. Notwithstanding the date of the election of the members of any city
of Baker School Board, and in the event that such an election is held, the
president of the board shall be elected annually by the members of the board
from among the membership of the board. He shall not be eligible to succeed
himself, nor shall he be eligible for reelection as president for two years after
the expiration of the term as president for which he was elected.
D. Notwithstanding any other provision of law to the contrary and
notwithstanding the date of the election of the members of any city of Baker
School Board, and in the event such an election is held, the members of the
board shall receive the same remuneration as is now or may be hereafter
provided by law for members of parish school boards for attendance at all
meetings of the board and also for attendance at all meetings of committees on
which they serve as members.
E. Notwithstanding the date of the election of the members of any city
of Baker School Board, and in the event that such an election is held, no
member shall hold or exercise any other office, position, or employment for
profit under the school board. Whenever any member accepts any
employment, office, or position in violation of this Subsection, his school
board office shall thereby be vacated.
F. Notwithstanding the date of the election of the members of any city
of Baker School Board, and in the event that such an election is held,
vacancies on the board shall be filled as provided by law.
G.(1) Notwithstanding the date of the election of the members of any
city of Baker School Board, and in the event that such an election is held, the
board is hereby authorized to adopt rules and regulations, consistent with law,
to effectuate this Section and to administer the duties, functions, and
responsibilities of the board.
(2) Notwithstanding any provision of law to the contrary, the board
may borrow money in sums necessary to fund its budgeted expenditures for
Fiscal Year 2002-2003. As evidence of these loans, the board may execute or
cause to be executed notes or other evidences of indebtedness payable before
the close of Fiscal Year 2003-2004 and pledge, as security therefor, their
revenues for Fiscal Year 2002-2003, plus their revenues for Fiscal Year 2003-2004.
H.(1) Notwithstanding any other provision of law to the contrary and
notwithstanding the date of any election of the members of a city of Baker
School Board, and in the event such an election is held, any city of Baker
municipal school system shall be initially established within the incorporated
limits of the city of Baker as the same existed as of June 1, 1997, for the
purpose of operating public elementary and secondary schools within the city
of Baker upon the occurrence of all of the following requirements:
(a)(i) In the absence of a mutual agreement between the East Baton
Rouge Parish School Board and the city of Baker School Board as to whether
the public elementary and secondary school facilities, land, and the tangible
property contained therein and thereon within the incorporated limits of the
city of Baker as the same existed as of June 1, 1997, are owned by the city of
Baker School Board, and, additionally, whether said school board is the owner
of ten sixty-passenger school buses of equal quality, age, and condition to
those owned and operated by the East Baton Rouge Parish School Board, the
city of Baker School Board shall either invoke arbitration proceedings or file
a motion for declaratory judgment in a court of competent jurisdiction on the
question of whether the city of Baker School Board is the owner of the public
elementary and secondary school facilities, land, and the tangible property
contained therein and thereon within the incorporated limits of the city of
Baker as the same existed as of June 1, 1997, and whether it is the owner of
said school buses.
(ii) In the event the city of Baker School Board elects to invoke
arbitration proceedings on the question of whether it is the owner of the public
elementary and secondary school facilities, land, and the tangible property
contained therein and thereon within the incorporated limits of the city of
Baker as the same existed as of June 1, 1997, and whether it is the owner of
the said school buses, such proceedings and any review or appellate
proceedings thereon shall be subject to and conducted in accordance with
Paragraph (J)(1) of this Section.
(iii) In the event the city of Baker School Board elects to file a motion
for declaratory judgment in a court of competent jurisdiction on the question
of whether it is the owner of the public elementary and secondary school
facilities, land, and the tangible property contained therein and thereon within
the incorporated limits of the city of Baker as the same existed as of June 1,
1997, and whether it is the owner of the said school buses, the judgment of
said court, after the exhaustion of all applicable appellate review or, in the
event such review is not sought, upon the expiration of the period of time in
which said appellate review may be taken, as the case may be, shall determine
the question of whether the city of Baker School Board is the owner of said
facilities, land, and the tangible property contained therein and thereon, and the
said school buses.
(b)(i) In the event the city of Baker School Board is determined to be
the owner of the public elementary and secondary school facilities, land, and
the tangible property contained therein and thereon within the incorporated
limits of the city of Baker as the same existed as of June 1, 1997, and in the
event the said school board is determined to be the owner of ten sixty-passenger school buses of equal quality, age, and condition to those owned and
operated by the East Baton Rouge Parish School Board, the city of Baker
School Board shall owe no compensation to the East Baton Rouge Parish
School Board for such facilities, land, and the tangible property contained
therein and thereon within the city of Baker, and the said school buses should
a city of Baker municipal school system be established in accordance with
Subparagraph (2)(a) of this Subsection, except as provided for in
Subparagraph (c) of this Paragraph.
(ii) Any such determination or judgment shall only be effective and
executory in the event, and only in the event, that any city of Baker municipal
school system shall be established in accordance with Subparagraph (2)(a) of
this Subsection. Prior to the date on which a city of Baker municipal school
system may be so established, and notwithstanding any determination or
judgment recognizing any ownership interests of the city of Baker School
Board in and to such facilities, land, and the tangible property contained
therein and thereon within the incorporated limits of the city of Baker as the
same existed as of June 1, 1997, and the said school buses, the East Baton
Rouge Parish School Board shall continue to exercise all of the powers, and
discharge all of the duties, functions, and responsibilities delegated to it, and
imposed upon it, by the laws of the state of Louisiana with respect to such
facilities, land, and the tangible property contained therein and thereon, and the
said school buses.
(c) Regardless of whether the city of Baker School Board is determined
to be the owner of the public elementary and secondary school facilities, land,
and the tangible property contained therein and thereon within the incorporated
limits of the city of Baker as the same existed as of June 1, 1997, and
regardless of whether it is determined to be the owner of the ten sixty-passenger school buses of equal quality, age, and condition to those owned and
operated by the East Baton Rouge Parish School Board, and in the event that
the East Baton Rouge Parish School Board shall have made or committed to
make any renovation to and/or replacement of any public elementary and
secondary school facilities, land acquisitions, and/or improvements to and/or
replacements of any tangible property contained therein and thereon after June
1, 1997, and/or replacements of any such school buses after said date, as a
result of any bond and tax elections held after June 1, 1997, the city of Baker
School Board shall owe the East Baton Rouge Parish School Board such
compensation, if any, as may be determined in accordance with the formulas
contained in Subsection K of this Section should a city of Baker municipal
school system be established in accordance with Subparagraph (2)(a) of this
Subsection; however, any such renovation to and/or replacement of any such
facilities, land acquisitions, and/or improvements to and/or replacements of
any tangible property contained therein and thereon made or committed to be
made after June 1, 1997, and/or replacements of any such school buses after
said date, as a result of any bond and tax election held after June 1, 1997, shall
be paid for with, or payable from, the proceeds of any taxes levied or bonds
issued by or on behalf of the East Baton Rouge Parish School Board or the
East Baton Rouge Parish Consolidated School District No. 1 as a result of any
such bond and tax elections. Any such compensation, if any is due, shall be
payable by the city of Baker School Board to the East Baton Rouge Parish
School Board in accordance with Item (h)(i) or (ii) of this Paragraph.
(d) In the event the city of Baker School Board is determined not to be
the owner of the public elementary and secondary school facilities, land, and
the tangible property contained therein and thereon within the incorporated
limits of the city of Baker as the same existed as of June 1, 1997, and the ten
sixty-passenger school buses of equal quality, age, and condition to those
owned and operated by the East Baton Rouge Parish School Board, the city of
Baker School Board shall owe compensation to the East Baton Rouge Parish
School Board for such facilities, land, and the tangible property contained
therein and thereon, and the said school buses should any city of Baker
municipal school system be established in accordance with Subparagraph
(2)(a) of this Subsection. Any such compensation, if any is due, shall be
determined in binding arbitration proceedings conducted in accordance with
Paragraph (J)(2) of this Section and shall be payable by the city of Baker
School Board to the East Baton Rouge Parish School Board in accordance with
Item (i)(i) or (ii) of this Paragraph.
(e)(i) The city of Baker School Board shall obtain a final judgment, in
the matter entitled "Clifford Eugene Davis, Jr., et al. and the United States of
America versus East Baton Rouge Parish School Board, et al.", Civil Action
No. 56-1662-A, in the United States District Court for the Middle District of
Louisiana, which, after the exhaustion of all applicable appellate review or, in
the event such review is not sought, upon the expiration of the period in which
said appellate review may be taken, as the case may be, and which shall be
deemed a final judgment for the purposes of this Section, which final judgment
shall permit the operation of a city of Baker municipal school system and the
separation of the city of Baker municipal school system from the East Baton
Rouge Parish school system.
(ii) Item (i) of this Subparagraph shall only be applicable in the event
that the matter entitled "Clifford Eugene Davis, Jr., et al. and the United States
of America versus East Baton Rouge Parish School Board, et al.", Civil Action
No. 56-1662-A, in the United States District Court for the Middle District of
Louisiana shall not have been dismissed, closed, or otherwise resolved, and in
the further event that there shall not have been entered therein a judgment
declaring the East Baton Rouge Parish school system "unitary" or releasing
said school system from judicial supervision.
(f) The city of Baker School Board shall levy and commence to collect
the ad valorem tax provided for in the first paragraph of Article VIII, Section
13(C) of the Constitution of Louisiana, or otherwise obtain sufficient funds in
lieu thereof, as of the date of July first following the date on which a final
judgment is obtained permitting the operation of a city of Baker municipal
school system and the separation of the city of Baker municipal school system
from the East Baton Rouge Parish school system, or July first of the following
year.
(g) The city of Baker School Board shall levy and commence to collect
such additional ad valorem taxes as provided for in the third paragraph of
Article VIII, Section 13(C) of the Constitution of Louisiana, or otherwise
obtain sufficient funds in lieu thereof, as of the date of July first following the
date on which a final judgment is obtained permitting the operation of a city
of Baker municipal school system and the separation of the city of Baker
municipal school system from the East Baton Rouge Parish school system, or
July first of the following year, as may be applied to the funding of any
operational plan approved by the court in connection with the proceedings
required in Item (e)(i) of this Paragraph in the matter entitled "Clifford Eugene
Davis, Jr., et al. and the United States of America versus East Baton Rouge
Parish School Board, et al.", Civil Action No. 56-1662-A in the United States
District Court for the Middle District of Louisiana.
(h)(i) Regardless of whether the city of Baker School Board is
determined to be the owner of the public elementary and secondary school
facilities, land, and the tangible property contained therein and thereon within
the incorporated limits of the city of Baker as the same existed as of June 1,
1997, and regardless of whether it is determined to be the owner of ten sixty-passenger school buses of equal quality, age, and condition to those owned and
operated by the East Baton Rouge Parish School Board, and in the event that
the East Baton Rouge Parish School Board shall have made or committed to
make any renovation to and/or replacement of any public elementary and
secondary school facilities, land acquisitions, and/or improvements to and/or
replacements of any tangible property contained therein and thereon, and/or
the replacements of any such school buses after June 1, 1997, the same having
been paid for with or to be paid for from the proceeds of any taxes levied or
bonds issued by or on behalf of the East Baton Rouge Parish School Board or
the East Baton Rouge Parish Consolidated School District No. 1 as a result of
any bond and tax election held after June 1, 1997, the city of Baker School
Board shall levy, collect, and fund into bonds such further ad valorem taxes
and/or sales and use taxes, or otherwise obtain sufficient funds in lieu thereof,
not later than the date of July first following the date on which a final
judgment is obtained permitting the operation of a city of Baker municipal
school system and the separation of the city of Baker municipal school system
from the East Baton Rouge Parish school system, or July first of the following
year, as may be required to compensate the East Baton Rouge Parish School
Board for any such renovation to and/or replacement of any such facilities,
land acquisitions, and/or improvements to and/or replacements of any tangible
property contained therein and thereon, and/or replacements of any such
school buses after June 1, 1997, as a result of any bond and tax election held
after June 1, 1997, by or on behalf of the East Baton Rouge Parish School
Board or the East Baton Rouge Parish Consolidated School District No. 1, if
such compensation is due.
(ii) Notwithstanding the provisions of Item (i)(i) of this Paragraph, the
East Baton Rouge Parish School Board may agree, in its discretion, upon the
request of the city of Baker School Board, to accept such compensation as may
be due for any such renovation to and/or replacement of such facilities, land
acquisitions, and/or improvements to and/or replacements of any tangible
property contained therein and thereon, and/or the replacements of any such
school buses made or acquired or to be made or acquired after June 1, 1997,
as a result of any bond and tax election held after June 1, 1997, at any point in
time within one year of the date following the date on which any city of Baker
municipal school system may be established in accordance with Subparagraph
(2)(a) of this Subsection. In such case, the city of Baker School Board shall
pay to the East Baton Rouge Parish School Board, in addition to the full
amount of such compensation, an interest payment in the amount of six percent
per annum on the unpaid principal balance until the full amount of such
compensation shall be paid.
(i)(i) In the event it shall have been determined that the city of Baker
School Board is not the owner of the public elementary and secondary school
facilities, land, and the tangible property contained therein and thereon within
the incorporated limits of the city of Baker as the same existed as of June 1,
1997, and in the event it is determined that it is not the owner of ten sixty-passenger school buses of equal quality, age, and condition to those owned and
operated by the East Baton Rouge Parish School Board, the city of Baker
School Board shall levy and fund into bonds such further ad valorem taxes
and/or sales and use taxes, or otherwise obtain sufficient funds in lieu thereof,
not later than the date of July first following the date on which a final
judgment is obtained permitting the operation of a city of Baker municipal
school system and the separation of the city of Baker municipal school system
from the East Baton Rouge Parish school system, or July first of the following
year, as may be required to compensate the East Baton Rouge Parish School
Board for the public elementary and secondary school facilities, land, and the
tangible property contained therein and thereon within the incorporated limits
of the city of Baker as the same existed as of June 1, 1997, and any said school
buses.
(ii) Notwithstanding the provisions of Item (h)(i) of this Paragraph, the
East Baton Rouge Parish School Board may agree, in its discretion, upon the
request of the city of Baker School Board, to accept such compensation as may
be due for the public elementary and secondary school facilities, land, and the
tangible property contained therein and thereon within the incorporated limits
of the city of Baker as the same existed as of June 1, 1997, and any said school
buses at any point in time within one year of the date following the date on
which any city of Baker municipal school system may be established in
accordance with Subparagraph (2)(a) of this Subsection. In such case, the city
of Baker School Board shall pay to the East Baton Rouge Parish School Board,
in addition to the full amount of such compensation, an interest payment in the
amount of six percent per annum on the unpaid principal balance until the full
amount of such compensation shall be paid.
(2)(a) Upon the occurrence of all of the requirements set forth in
Paragraph (1) of this Subsection, the city of Baker municipal school system
shall be established for the purpose of operating public elementary and
secondary schools within the incorporated limits of the city of Baker as the
same existed as of June 1, 1997, on the date of the July first following the date
on which a final judgment is obtained permitting the actual operation of a city
of Baker municipal school system and the separation of the city of Baker
municipal school system from the East Baton Rouge Parish school system, or
July first of the following year.
(b) As of the date a city of Baker municipal school system is
established in accordance with Subparagraph (a) of this Paragraph, the city of
Baker School Board shall be responsible to provide for the education of the
elementary and secondary school aged children residing within the city of
Baker as its incorporated limits existed as of June 1, 1997. The city of Baker
School Board shall thereafter exercise the powers delegated to, and the duties,
functions, and responsibilities imposed upon parish and municipal school
boards under the laws of the state of Louisiana and commence its initial school
year of actual operation at the beginning of the school year immediately
following the date on which the city of Baker municipal school system is
established.
(c) Upon the date the city of Baker municipal school system is
established in accordance with Subparagraph (a) of this Paragraph, the East
Baton Rouge Parish School Board shall cease to provide for the education of
the elementary and secondary school aged children residing within the city of
Baker as its incorporated limits existed as of June 1, 1997.
(3) In the event that a city of Baker municipal school system is
established in accordance with Subparagraph (2)(a) of this Subsection, the title
and/or ownership of the public elementary and secondary school facilities,
land, and the tangible property therein and thereon within the incorporated
limits of the city of Baker as the same existed as of June 1, 1997, and ten sixty-passenger school buses of equal quality, age, and condition to those owned and
operated by the East Baton Rouge Parish School Board, upon the request of
the city of Baker School Board, shall be transferred to the city of Baker School
Board prior to the commencement of the school year next following the date
said municipal school system is established in accordance with the
Compromise and Settlement Agreement entered into by the city of Baker, the
state of Louisiana and its governor and attorney general, and the East Baton
Rouge Parish School Board in "Clifford Eugene Davis Jr., et al. and United
States Of America v. East Baton Rouge Parish School Board, et al.", Civil
Action No. 56-1662-A, United States District Court for the Middle District of
Louisiana.
(4) In the event the incorporated limits of the city of Baker are
expanded as a result of any annexation occurring after June 1, 1997, such
annexation may only impair the rights or interests of the East Baton Rouge
Parish School Board if, and only if, the city of Baker School Board shall have
moved for and obtained a judgment, in the matter entitled "Clifford Eugene
Davis, Jr., et al. and the United States of America versus East Baton Rouge
Parish School Board, et al.", Civil Action No. 56-1662-A, in the United States
District Court for the Middle District of Louisiana which, after the exhaustion
of all applicable appellate review or, in the event such review is not sought,
upon the expiration of the period in which said appellate review may be taken,
as the case may be, permitting the operation of any city of Baker municipal
school system in all or any portion of any annexed area.
I. In the event a city of Baker municipal school system is not
established in accordance with Subparagraph (H)(2)(a) of this Section, the city
of Baker School Board shall do all of the following:
(1) Cease to exercise any powers or discharge or perform any duties,
functions, and responsibilities delegated to and imposed upon parish and
municipal school boards under the laws of the state of Louisiana.
(2) Cease to possess any ownership interests determined or declared to
exist in its favor as a result of any agreement or proceedings referenced in
Subparagraph (H)(1)(a) of this Section.
(3) Cease to exist as a political subdivision of this state.
J.(1) All of the following shall apply in regard to any arbitration
invoked in accordance with the provisions of Item (H)(1)(a)(i) of this Section
in order to determine whether the city of Baker School Board is the owner of
the public elementary and secondary school facilities, land, and the tangible
property contained therein and thereon within the incorporated limits of the
city of Baker as the same existed as of June 1, 1997, and whether the city of
Baker School Board is the owner of ten sixty-passenger school buses of equal
quality, age, and condition to those owned and operated by the East Baton
Rouge Parish School Board:
(a) The arbitration shall be administered by the American Arbitration
Association and shall be resolved in accordance with the Federal Arbitration
Act, Title 9 of the United States Code, and, except as is otherwise specified in
this Subsection, the Commercial Arbitration Rules of the American Arbitration
Association.
(b) The sole issues to be decided in any such arbitration are whether the
city of Baker School Board is the owner of the public elementary and
secondary school facilities, land, and the tangible property contained therein
and thereon within the incorporated limits of the city of Baker as the same
existed as of June 1, 1997, and whether the city of Baker School Board is the
owner of ten sixty-passenger school buses of equal quality, age, and condition
to those owned and operated by the East Baton Rouge Parish School Board.
These issues shall be decided by the arbitrator in accordance with the
substantive law of the state of Louisiana and after a consideration of the
evidence submitted by the city of Baker School Board and the East Baton
Rouge Parish School Board in the arbitration proceedings. The city of Baker
School Board shall have the right to invoke arbitration on these issues by
providing the East Baton Rouge Parish School Board with a written demand
for such arbitration and by providing the American Arbitration Association
with copies of the same in accordance with the Commercial Arbitration Rules
of the American Arbitration Association.
(c) The arbitration proceedings shall be conducted before one neutral
arbitrator who shall be an attorney at law actively engaged in the practice of
law in the state of Louisiana who shall be appointed in accordance with the
procedures set forth in the Commercial Arbitration Rules of the American
Arbitration Association.
(d) The arbitration proceedings shall take place in East Baton Rouge
Parish and the arbitrator shall select the exact location, date, and time of the
hearing and all prehearing procedures.
(e) Limited civil discovery shall be permitted for production of
documents, the use of interrogatories, and the taking of depositions for a
period of time of ninety days after the appointment of the arbitrator. All
discovery shall be conducted in accordance with the Federal Rules of Civil
Procedure, except that the arbitrator shall have the authority to shorten and set
all time limits in connection with such discovery at a preliminary conference
and all issues regarding compliance with discovery shall be decided by the
arbitrator.
(f) The decision of the arbitrator shall be in writing and shall specify
the detailed factual and legal bases for his determination. If the determination
of the arbitrator is that the public elementary and secondary school facilities,
land and the tangible property contained therein and thereon within the
incorporated limits of the city of Baker as the same limits existed as of June 1,
1997, and/or that ten sixty-passenger school buses of equal quality, age, and
condition to those owned and operated by the East Baton Rouge Parish School
Board are owned by the city of Baker School Board, the determination of the
arbitrator shall only have effect and be executory in accordance with Item
(H)(1)(b)(ii) of this Section.
(g)(i) Judgment on the determination of the arbitrator shall be entered
in the matter entitled "Clifford Eugene Davis, Jr. et al. and the United States
of America versus East Baton Rouge Parish School Board, et al.", Civil
Action. No. 56-1662-A, in the United States District Court for the Middle
District of Louisiana.
(ii) As to any such determination, the East Baton Rouge Parish School
Board or the city of Baker School Board may, within the time period set forth
in 9 U.S.C. 12, move in the matter entitled "Clifford Eugene Davis, Jr. et al.
and the United States of America versus East Baton Rouge Parish School
Board, et al.", Civil Action No. 56-1662-A, in the United States District Court
for the Middle District of Louisiana that the determination of the arbitrator be
vacated based on any of the grounds set forth in 9 U.S.C. 10 or modified or
corrected based on any of the grounds set forth in 9 U.S.C. 11.
(iii) In addition to the rights to vacate, modify, or correct the
determination set forth in Item (ii) of this Subparagraph, the determination of
the arbitrator may be appealed within that same time period in the same
judicial proceedings provided in Item (ii) of this Subparagraph based on any
error of applicable law the effect of which materially affects the resolution of
the ultimate issues of ownership of the public elementary and secondary school
facilities, land, and the tangible property contained therein and thereon within
the incorporated limits of the city of Baker as the same limits existed as of
June 1, 1997, and the ownership of the said school buses.
(h) All fees and expenses of the arbitration shall be borne equally by
the city of Baker School Board and the East Baton Rouge Parish School
Board, except that the said parties shall each bear and be responsible for the
expenses and costs of their own respective attorneys, consultants, experts,
witnesses, and the preparation and presentation of their own respective proofs.
(2) All of the following shall apply in regard to any arbitration invoked
in accordance with the provisions of Subparagraph (H)(1)(d) of this Section
in order to determine the amount of compensation, if any, the city of Baker
School Board shall owe to the East Baton Rouge Parish School Board for the
public elementary and secondary school facilities, land, and the tangible
property located therein and thereon within the incorporated limits of the city
of Baker as the same existed as of June 1, 1997, and the ten sixty-passenger
school buses of equal quality, age, and condition to those owned and operated
by the East Baton Rouge Parish School Board in the event the city of Baker
School Board is determined not to be the owner of such school facilities, land,
and the tangible property located therein and thereon within the incorporated
limits of the city of Baker as the same existed as of June 1, 1997, and the said
school buses:
(a) The arbitration shall be administered by the American Arbitration
Association and shall be resolved in accordance with the Federal Arbitration
Act, Title 9 of the United States Code, and, except as is otherwise specified in
this Subsection, the Commercial Arbitration Rules of the American Arbitration
Association.
(b) The sole issues to be decided in the arbitration are the amount of
compensation, if any, the city of Baker School Board shall owe to the East
Baton Rouge Parish School Board for the public elementary and secondary
school facilities, land, and the tangible property located therein and thereon
within the incorporated limits of the city of Baker as the same existed as of
June 1, 1997, and the amount it shall owe to the East Baton Rouge Parish
School Board for ten sixty-passenger school buses of equal quality, age, and
condition to those owned and operated by the East Baton Rouge Parish School
Board. These issues shall be decided by the arbitrator in accordance with the
substantive law of the state of Louisiana and after a consideration of the
evidence submitted by the city of Baker School Board and the East Baton
Rouge Parish School Board in the arbitration proceedings. Either the city of
Baker School Board or the East Baton Rouge Parish School Board shall have
the right to invoke arbitration on these issues by providing the other with a
written demand for such arbitration and by providing the American Arbitration
Association with copies of the same in accordance with the Commercial
Arbitration Rules of the American Arbitration Association.
(c) The arbitration proceedings shall be conducted before one neutral
arbitrator who shall be an attorney at law actively engaged in the practice of
law in the state of Louisiana who shall be appointed in accordance with the
procedures set forth in the Commercial Arbitration Rules of the American
Arbitration Association. Said arbitrator may, in his discretion, retain such
consultants as he may deem necessary to discharge his duties as arbitrator.
(d) The arbitration proceedings shall take place in East Baton Rouge
Parish and the arbitrator shall select the exact location, date, and time of the
hearing and all prehearing proceedings.
(e) Limited civil discovery shall be permitted for production of
documents, the use of interrogatories, and the taking of depositions for a
period of time of ninety days after the appointment of the arbitrator. All
discovery shall be conducted in accordance with the Federal Rules of Civil
Procedure, except that the arbitrator shall have the authority to shorten and set
all time limits in connection with such discovery at a preliminary conference
and all issues regarding compliance with discovery shall be decided by the
arbitrator.
(f) The decision of the arbitrator shall be in writing and shall specify
detailed factual and legal bases for the determination.
(g)(i) Judgment on the determination of the arbitrator shall be entered
in the matter entitled "Clifford Eugene Davis, Jr. et al. and the United States
of America versus East Baton Rouge Parish School Board, et al.", Civil
Action. No. 56-1662-A, in the United States District Court for the Middle
District of Louisiana.
(ii) As to any such determination, the East Baton Rouge Parish School
Board or the city of Baker School Board may, within the time period set forth
in 9 U.S.C. 12, move in the matter entitled "Clifford Eugene Davis, Jr. et al.
and the United States of America versus East Baton Rouge Parish School
Board, et al.", Civil Action No. 56-1662-A, in the United States District Court
for the Middle District of Louisiana that the determination of the arbitrator be
vacated based on any of the grounds set forth in 9 U.S.C. 10 or modified or
corrected based on any of the grounds set forth in 9 U.S.C. 11.
(h) All fees and expenses of the arbitration shall be borne equally by
the city of Baker School Board and the East Baton Rouge Parish School
Board, except that the city of Baker School Board and the East Baton Rouge
Parish School Board shall each bear and be responsible for the expenses and
costs of their own respective attorneys, experts, witnesses, and the preparation
and presentation of their own respective proofs.
K.(1) In the event the East Baton Rouge Parish School Board shall
have made or committed to make any renovation to and/or replacement of any
public elementary and secondary school facilities, land acquisitions, and/or
improvements to and/or replacements of any tangible property contained
therein and thereon within the incorporated limits of the city of Baker as the
same existed as of June 1, 1997, and/or replacements of any school buses from
the proceeds of any taxes levied, or bonds issued by the East Baton Rouge
Parish Consolidated School District No. 1 and/or by or on behalf of the East
Baton Rouge Parish School Board as a result of any bond and tax election
referenced in this Section after June 1, 1997, and in the further event that any
city of Baker School Board shall establish a city of Baker municipal school
system in accordance with Subparagraph (H)(2)(a) of this Section, a
determination shall be made as to whether compensation is owed by either said
school board to the other.
(2) In making this determination provided for in this Subsection, the
following formulas shall be used:
(a) From the actual cost including the corresponding costs of the
issuance of the bonds, of any renovation to and/or replacement of any public
elementary and secondary school facilities, land acquisitions, and/or
improvements to and/or replacements of any tangible property contained
therein or thereon within the incorporated limits of the city of Baker as the
same existed as of June 1, 1997, and/or replacements of any school buses (the
"Baker Improvements") paid from the proceeds of bonds referenced in this
Subsection which are secured by ad valorem taxes, there shall be deducted (i)
an amount equal to the total debt service which has been paid on any ad
valorem tax secured bonds referenced in this Subsection multiplied by a
fraction, the numerator of which is the taxable assessed valuation of the city
of Baker as of June 1, 1997, and the denominator of which is the taxable
assessed valuation of the parish of East Baton Rouge as of the same date (the
"Assessed Valuation Ratio") and (ii) an amount equal to the total remaining
debt service to be paid on any ad valorem tax secured bonds referenced in this
Subsection, which have been issued, multiplied by the Assessed Valuation
Ratio and present valued to the date of acquisition (which date shall be the date
on which a city of Baker municipal school system is established in accordance
with Subparagraph (H)(2)(a) of this Section) by the city of Baker School Board
of the Baker Improvements at the rate or rates of interest payable on the ad
valorem tax secured bonds referenced in this Subsection. If the remainder
resulting from the calculation is positive, such remainder shall represent
compensation payable by the city of Baker School Board to the East Baton
Rouge Parish School Board. If the remainder resulting from the calculation
is negative, such remainder shall represent compensation payable by the East
Baton Rouge Parish School Board to the city of Baker School Board.
(b) From the actual cost, including the corresponding costs of the
issuance of the bonds, of the Baker Improvements paid from the proceeds of
bonds referenced in this Subsection secured by sales and use taxes there shall
be deducted (i) an amount equal to the total debt service which has been paid
on any sales tax secured bonds referenced in this Subsection multiplied by a
fraction the numerator of which is the annual sales and use tax collections on
one cent for calendar year 1997 within the incorporated limits of the city of
Baker as of June 1, 1997, and the denominator of which is the annual sales and
use tax collections on one cent for calendar year 1997 in the parish of East
Baton Rouge (the "Sales Tax Ratio") and (ii) an amount equal to the total
remaining debt service to be paid on any sales tax secured bonds referenced in
this Subsection, which have been issued, multiplied by the Sales Tax Ratio and
present valued to the date of acquisition (which date shall be the date on which
a city of Baker municipal school system is established in accordance with
Subparagraph (H)(2)(a) of this Section) by the city of Baker School Board of
the Baker Improvements at the rate or rates of interest payable on the sales tax
secured bonds referenced in this Subsection. If the remainder resulting from
the calculation is positive, such remainder shall represent compensation
payable by the city of Baker School Board to the East Baton Rouge Parish
School Board. If the remainder resulting from the calculation is negative, such
remainder shall represent compensation payable by the East Baton Rouge
Parish School Board to the city of Baker School Board.
(c) From the actual cost of the Baker Improvements paid from cash
proceeds of taxes referenced in this Subsection there shall be deducted an
amount equal to the actual cost paid from such cash proceeds multiplied by the
Sales Tax Ratio. The remainder resulting from the above calculation shall
represent compensation payable by the city of Baker School Board to the East
Baton Rouge Parish School Board.
L.(1) Nothing contained in this Section shall impair the parishwide levy
and collection, within the East Baton Rouge Parish Consolidated School
District No. 1, comprised of the parish of East Baton Rouge, of any ad valorem
tax securing any bonds referenced in this Section as long as such bonds, or
bonds to refund such bonds, remain outstanding.
(2) Nothing contained in this Section shall impair the parishwide levy
and collection, within the parish of East Baton Rouge, of any sales and use tax
by or on behalf of the East Baton Rouge Parish School Board securing in
whole or part any bonds referenced in this Section as long as such bonds, or
bonds to refund such bonds, remain outstanding.

Legislative History

Acts 1995, No. 973, §1, eff. Nov. 23, 1995; Acts 1997, No. 1434, §1, eff. July 15, 1997; Acts 2002, 1st Ex. Sess., No. 49, §1, eff. April 18, 2002.