Reinders v. Washington County School Committee
Reinders v. Washington County School Committee
Opinion of the Court
The appellants contend: (1) The County School Committee lacked jurisdiction to make the order because the statutory notice requirements were not substan
The County School Committee acquired jurisdiction to make an order of the school-district reorganization under sec. 40.025 (1), Stats., when it gave notice of the public hearing upon the resolution it adopted on its own motion, but it may lose such jurisdiction by failing to substantially comply with the procedural steps required to be taken by it prior to the issuance and filing of its order. Sec. 40.025 (1) (d) 1. Specifically, the appellants argue that the notice of the public hearing was not mailed to every member of the school board of each school district, township, and village affected by the proposed reorganization required by sec. 40.025 (2), and did not contain a description of all the territory proposed for attachment, relying on State ex rel. Foster v. Graham (1884), 60 Wis. 395, 19 N. W. 359. That case held the general language in an order that notice was given as provided by law was not sufficient recital and does not amount to prima facie evidence of a judicial fact.
The order appealed from recites:
. . all proceedings, notices, publications, and hearings have been duly made pursuant of and in accordance with the statutes and laws of the state of Wisconsin, . . .”
In addition to the common-law presumption that public officials have complied with all statutory requirements in performing their official duties,
Likewise, the description in the notice of the public hearing was sufficient and in substantial compliance, although the township of Addison was not directly mentioned. The notice referring to the Oak Knoll School District stated, “All of that portion of the district which is in Barton township and that portion which lies to the east of Big Cedar lake including the east half of section 17 of West Bend township” would be attached to the West Bend District and “All of that portion which is west of Big Cedar lake, including the west half of section 17 of West Bend township” would be attached to the Slinger District. While this is not a legal description, the statute does not require such or prescribe any form of notice. Such description of the area would not be sufficient in a reorganization order under sec. 40.025 (3), Stats. Here, however, we are dealing with a notice of a public meeting.
The function of a notice is to state the time, place, and purpose of the hearing to the people who are entitled to such notice so they may attend the hearing and express their views. The residents of the township of Addison know they live west of Big Cedar lake; and the general description of the area west of Big Cedar lake included all of the Oak Knoll School District. At least one participant who lived in the
The statute requires a conference of the County School Committee with the school boards affected within thirty days after the public hearing and before making the order, but there is no provision of how this conference is to be called or what notice need be given thereof. Sec. 40.03, Stats. In the nature of things, some notice must be given, which was done in this case at the public hearing. The statute does not require a meeting of the County School Committee with the school boards involved, but a conference, which we take to mean something less than a meeting at which a quorum of each school board and of the County School Committee must be present to constitute a valid meeting. It is necessary that each school board be represented at such conference but we find no statutory requirement a majority of each school board must be in attendance. This must have been the intention of the legislature because a conference is merely to exchange views of the respective parties and not necessarily to arrive at a joint decision of all the members present. The views of a school board can be validly given without a majority of the board present, which was done in this case. This section also requires that at such conference a decision be made, but this is a decision of the County School Committee (reorganization authority) and not a joint decision
The most-important question is whether such a decision was made at the conference. The appellants contend it was not, because the minutes do not so show, relying on Joint School Dist. v. Walworth County School Comm. (1959), 6 Wis. (2d) 366, 94 N. W. (2d) 695. However, in the Walworth Case the record affirmatively showed a decision was reached after the conference in the form of a poll taken of members of the reorganization authority at its resumed meeting. Because of this showing that the decision was not made at the conference, we stated the presumption of the validity of all preliminary proceedings provided by sec. 40.03 (2), Stats., was not applicable.
At the hearing before the circuit court, the secretary of the Washington County School Committee testified the minutes did not show a statement made by him that there seemed to have been a unanimous agreement at the conference. The chairman of the committee also testified that the order was a result of the conference decision and he understood at the close of the conference there was a general agreement an order would be issued in accordance with the resolution. The order was, in fact, thereafter signed upon a formal resolution the same night at an executive meeting of the County School Committee. This testimony does not run counter to the presumption and, if anything, aids it. On this issue, as on the others, the appellants had the burden of showing the committee did not substantially comply with the statutory requirements.
The argument of the appellants, at most, raises an inference that the decision was arrived at without due con
The appellants contend the evidence does not support the trial court’s decision that the committee did not abuse its authority in making the order. They point out the effect of the order placed substantial areas closer to West Bend into the Slinger District and other areas closer to Slinger into the West Bend District in disregard of the proximity of lands to the existing districts, and also that some of the electors were in favor of attaching the entire district to the West Bend District. How boundaries in school districts should be changed is not a judicial determination but one of policy delegated by the legislature to the reorganization authority' — in this cáse, tó the Washington County School Committee. The disappointment and disagreement of some electors with the decision of the County School Committee do not prove an abuse of discretion. The wisdom or advisability of the order of the committee is not reviewable on appeal under sec. 40.03 (5), Stats., excepting as such facts bear upon the materiality of the issue of an abuse of discretion. Langland v. Joint County School Comm. (1961), 12 Wis. (2d) 557, 107 N. W. (2d) 503; Gerbitz v. Joint County School Comm. (1957), 274 Wis. 396, 80 N. W. (2d) 377; Joint School Dist. v. Waupaca, supra; Zawerschnik v. Joint County School Comm. (1955), 271 Wis. 416, 73 N. W. (2d) 566. Upon the evidence presented, we must affirm the trial court in holding the committee did not abuse its authority in issuing the order.
By the Court. — Order affirmed.
Bartlett v. Joint County School Comm. (1960), 11 Wis (2d) 588, 106 N. W. (2d) 295; Marshall Drainage Dist. v. Festge (1956), 272 Wis. 114, 74 N. W. (2d) 616; Bohn v. Sauk County (1954), 268 Wis. 213, 67 N. W. (2d) 288.
070rehearing
(on motion for rehearing). The motion for rehearing is denied, without costs. It is noted that counsel for both sides have treated the appeal from the circuit court to this court as constituting a stay of the effective date of the County School Committee order. By its terms such order would have been effective as of July 1, 1961. Upon the motion for rehearing the mandate of this court is modified so as to add thereto the following:
“The County School Committee order, having been stayed during the course of these proceedings, shall go into effect July 1, 1962.”
Reference
- Full Case Name
- Reinders and Others, Appellants, v. Washington County School Committee, Respondent
- Cited By
- 10 cases
- Status
- Published