25 So. 2d 623 | La. | 1946
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *879 The plaintiff, Josiah S. Miller, brought suit against the Rapides Parish School Board and the parish superintendent of schools seeking to set aside the action of the school board discharging him, a permanent school bus operator, and praying for an injunction maintaining him in such position until his rights under the tenure law are finally determined by the courts.
The plaintiff has been continuously employed as a school bus operator for the past ten years. He was employed as a bus operator for the school term of 1944-45. On October 3, 1944, the parish superintendent of schools was directed by the *880
defendant school board to file written charges against the plaintiff to the effect that he had been guilty of neglect of duty in the operation of his bus in that he did not run on schedule and did not stop to pick up the pupils on his route at his regular stops. It is alleged in the charges that these acts of neglect of duty had occurred repeatedly during the sessions of 1942-43 and 1943-44 according to evidence furnished by the patrons on his route. It is further alleged that the charges are made according to Act No.
The plaintiff was tried on these charges before the school board on October 31, 1944, at which time eleven of the thirteen members of the board were present. The charges were sustained by a vote of six to five of the members present, and the plaintiff was ordered discharged, the discharge to be effective on November 22, 1944.
On November 14, 1944, the plaintiff instituted the present suit. He was the only witness to testify on the trial of the case, and his testimony was to the effect that the charges were untrue, and that he had fulfilled his duties as bus operator. The record contains three affidavits of persons residing along the school route which corroborate the plaintiff's testimony. The defendants offered no testimony. The transcript of all of the proceedings before the school board, touching the dismissal of the plaintiff, was not introduced in evidence by either party. The trial court gave judgment in favor of the plaintiff. The defendants have appealed.
Counsel for the appellants contends that a presumption of legality and regularity *881 attaches to the action of the school board, and that the decision of this administrative board vested with discretionary powers cannot be inquired into by the courts to determine whether the weight and sufficiency of the facts support the order rendered. Counsel takes the position that the only function of the court is to determine if there has been an arbitrary or capricious use of discretion by the board.
On the other hand, plaintiff appellee contends that the action of the board in discharging him was illegal for several reasons. One of the reasons advanced by the appellee is to the effect that he had never been legally discharged by the board for the reason that a majority of its members did not vote to sustain the charges against him.
Act No.
"That no provision of Act
Act No.
From a mere reading of these tenure acts, it is apparent that they were passed in the interest of the school bus operators to prevent their being discharged for grounds other than those set forth in the acts. Numerous safeguards are placed in the acts to protect their tenure. They cannot be discharged except in strict compliance with the provisions of the acts. The legislature carefully safeguarded their interests by providing that any action of the school board would not prevent them from having recourse to the courts.
Under the provisions of Act No.
Since the legislature has placed so many safeguards in Act No.
We realize that the school board may adopt a rule for its own government constituting a number less than its membership as a quorum, and that a majority of those present may act for the board. However, in view of the fact that the tenure acts were passed for the benefit of the bus operators and not for the benefit of the school board, the rules adopted for the government of the affairs of the school board cannot be given effect over the purpose of *884 the tenure acts. If such were the case, a less number than a majority of the board could discharge a bus operator, and the provision that the rules of the board cannot be construed as impairing the tenure act would be meaningless. The legislature clearly intended that no rule or regulation of the school board could circumvent the provisions of the tenure acts or impair their effectiveness. In fact, the tenure acts were passed to prevent school boards from discharging bus operators except for designated causes. To hold that a number less than a majority of the members of the school board could discharge such employees would impair the effectiveness of these acts and violate their purpose. These acts having been passed in the interest of the bus operators, they must be construed liberally in their favor in order to carry out the legislative intent.
Since we have arrived at the conclusion that the action of the school board was null for the reason that the plaintiff was illegally discharged by the vote of a number less than a majority of its members, it is unnecessary to pass on the other contentions raised in this cause.
For the reasons assigned, the judgment of the lower court is affirmed at appellants' cost.
*885HAWTHORNE, J., takes no part.