DeKalb County School District v. Gold
318 Ga. App. 633
| Ga. Ct. App. | 2012Background
- Gold and Shaye, DeKalb County School District teachers, allege TSA Plan contributions were an employee-benefit substitute for Social Security.
- Board voted in 1979 to leave Social Security and fund an alternative plan with a two-year notice before any funding change.
- In 1983 the TSA Plan was created; it could be amended or terminated, but accrued rights could not be impaired.
- Emergency July 27, 2009 Board vote suspended TSA Plan contributions; May 10, 2010 waived two-year notice; June 14, 2010 repealed bylaw provisions not part of the TSA Plan.
- Amended complaint filed June 2011; District moved to dismiss on sovereign-immunity grounds; trial court denied, District appeals.
- Trial court held some claims barred by sovereign immunity, but breach-of-contract claims survived; on appeal, court reverses in part and affirms in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars Gold’s declaratory judgment claim | Gold argues state waiver permits declaratory relief under AO rules | District argues no blanket waiver for declaratory judgments; relief seeks past damages and future budgeting | Declaratory judgment barred by sovereign immunity in this context |
| Whether sovereign immunity bars Gold’s other claims (money had and received, unjust enrichment, promissory estoppel, conversion) | Gold claims waiver or equitable relief possible under case law | No statutory waiver for these equity/tort-like claims; GTCA does not cover these | All four claims barred by sovereign immunity |
| Whether Gold’s contract claim can survive sovereign immunity given the TSA Plan terms | Board resolutions and policies became part of employment contract; two-year notice may create enforceable rights | TSA Plan allows amendment/termination; no immutable contract; notice provision at issue | Contract claim may proceed; not barred by sovereign immunity; dismissal not warranted |
Key Cases Cited
- Upper Oconee Basin Water Authority v. Jackson County, 259 Ga. 253 (1989) (expresses waiver for breach-of-contract ex contractu actions)
- IBM Corp. v. Evans, 265 Ga. 215 (1995) (declaratory judgments exceptions; injunctive relief carve-out for sovereign immunity)
- Murray County Sch. Dist. v. Adams, 218 Ga.App. 220 (1995) (retirement-benefit plans can be contractually binding when plan terms are subject to change by employer)
- Drury v. State, 263 Ga. 429 (1993) (sovereign immunity limits; declaratory-judgment authority as to agency rules)