State ex rel. Cosmopolis Consol. School Dist. No. 99, Grays Harbor County v. Bruno

• Decision Date: 14 February 1963
• Docket Number: No. 36753,36753
• Citation: 378 P.2d 691,61 Wn.2d 461
• Court: Washington Supreme Court
• Parties: The STATE of Washington, on the Relation of COSMOPOLIS CONSOLIDATED SCHOOL DISTRICT NO. 99, GRAYS HARBOR COUNTY, Washington, Appellant, v. Louis BRUNO, as Superintendent of Public Instruction, State of Washington, and President of the State Board of Education, State of Washington et al., Respondents.

Page 461

61 Wn.2d 461

378 P.2d 691

The STATE of Washington, on the Relation of COSMOPOLIS

CONSOLIDATED SCHOOL DISTRICT NO. 99, GRAYS HARBOR

COUNTY, Washington, Appellant, v. Louis BRUNO, as Superintendent of Public Instruction, State

of Washington, and President of the State Board of

Education, State of Washington et al.,

Respondents.

No. 36753.

Supreme Court of Washington, En Banc.

Feb. 14, 1963.

Manley & Kirkwood, Aberdeen, for appellant.

John J. O'Connell, Atty. Gen., Bruce Cohoe, Asst. Atty. Gen., Olympia, L. Edward Brown, Pros. Atty., Grays Harbor County, Aberdeen, for respondents.

OTT, Chief Justice.

This certiorari proceeding was previously before us upon a jurisdictional issue. State ex rel. Cosmopolis Consolidated School Dist. No. 99, etc., v. Bruno, 59 Wash.2d 366, 367 P.2d 995 (1962). The cause was remanded to the court for a trial on the merits of whether the Grays Harbor County Committee on School District Organization and the State Board of Education, in fixing the contribution of Cosmopolis Consolidated School District No. 99 to the Aberdeen high school building program at $329,865, acted arbitrarily and capriciously, and contrary to law. The court found that the defendants has fixed the amount of the contribution according to law, denied the writ, and dismissed the cause with prejudice.

From the judgment of dismissal, Cosmopolis Consolidated School District No. 99 has appealed.

For convenience, the Grays Harbor County Committee on School District Organization with hereinafter be referred to as the county committee, the State Board of Education as the state board, Aberdeen School District No. 5 as Aberdeen, and Cosmopolis Consolidated School District No. 99 as Cosmopolis.

The facts which gave rise to this review are as follows:

The appellant, Cosmopolis, is a nonhigh school district, and Aberdeen is a high school district. Cosmopolis has sent its high school students to Aberdeen for many years.

Pursuant to RCW 28.56.010, Aberdeen submitted to the county committee a request to prepare a plan for submission to the state board, providing for adequate and satisfactory participation by Aberdeen and Cosmopolis in the payment of the $1,289,544 necessary for the construction of additional high school facilities. In compliance with the request, the county committee, after notice and hearing, submitted the following proposal for the consideration of the state board:

'Grays Harbor County--Aberdeen School District No. 5

'A proposal for the financing of high school facilities in the Aberdeen School District No. 5, Grays Harbor County, Washington, by the following school districts of Grays Harbor County:

                School District                                                       Amount to
                Name                 No.                                          Be Provided a
                -------------------------------------------------  ----------------------------
                Aberdeen              5 (high school
                                                        district)                 $1,079,544.00
                Cosmopolis           99 (nonhigh school
                                                        district)                    210 000.00
                                                                   ----------------------------
                                                                                  $1,289,544.00
                

Note *a It is understood that districts eligible for State aid will be given

full advantage of same.

The state board rejected the plan, stating:

'The foregoing proposal was not approved by the State Board of Education for the following reason:

'The plan submitted for meeting the cost of high school facilities in the Aberdeen School District did not include a sufficient amount to be contributed by the Cosmopolis School District.

'It is suggested that another plan be submitted which is in conformity with principles and policies heretofore followed by the State Board of Education in considering a proposal for participation by non-high school districts in financing school facilities located in a high school district.' (Italics ours.)

The state board suggested a revised plan which increased the contribution of Cosmopolis. The county committee met April 25, 1961, to consider the proposal submitted by the state board. The minutes of the secretary to the county committee state:

'In response to a question, Mr. Pence said that the State Board was insistent that the districts concerned participate on the basis of ratio of valuations. He then presented revised figures to the Committee which placed the Cosmopolis obligation at 25.58% and Aberdeen at 74.42% of the total, or $329,865.00 for the Cosmopolis share and $959,679.00 for the Aberdeen contribution. No member of the Committee had previously had any knowledge of these figures.

'Discussion followed in which extreme dissatisfaction with state policy and method was expressed, and question raised as to the function of the local committee.

'Mr. Spoon moved that a public hearing be held to consider a plan that 'is in conformity with principles and policies heretofore followed by the State Board of Education in considering a proposal for participation by non high districts in financing school facilities located in a high school district, predicated upon the assessed valuation of the two districts, one to the other, using current figures furnished by the County Superintendent of Schools.' Motion seconded by Mrs. Vavrek. Carried.

'With the consent of the Committee, Mr. Kellogg set Tuesday, Mry 9, for a public hearing at Cosmopolis. Meeting adjourned.'

The secretary's minutes of the May 9, 1961, meeting are in part as follows:

'Mr. Taylor, Supt. of Schools, Aberdeen, presented the background of the events leading up to this hearing . Mr. Pence of the State Dept. of Education, read a statement of policy pertaining to this hearing.

'* * * William Ryberg asked about the formula of Mr. Pence and if any deviations from the State Board policy have been made. Several persons queried Mr. Pence along the same line. Mr. Pence successfully answered all questions without committing himself to firm answers. * * * Mr. Vincent, chairman of the Aberdeen School District Advisory Committee submitted to the County Committee that they should submit a plan that would receive State Board acceptance.'

The county committee then went into executive session, and the minutes disclose that the following transpired:

'* * * Mr. Day moved that the county committee re-submit to the state the plan previously submitted. The motion was lost for want of a second.

'Mr. Vavrek moved that the committee submit a plan that is acceptable to the State; one that provides for Cosmopolis to pay $329,865 and Aberdeen $959,679. The motion was lost for a want of a second.'

The secretary's minutes of the meeting on May 17, 1961, are in part as follows:

'After calling the meeting to order, Mr. Kellogg said that it was the consensus of opinion that no action had been taken on the proposition for which the hearing of May 9 had been held; therefore the purpose of his meeting (May 17) was to complete the work of the May 9 hearing at Cosmopolis and dispose of the question on which the hearing was held.

'Mr. Pence of the State Dept. of Education corroborated Mr. Kellogg's opinion of the state of affairs. Discussion followed in which general dissatisfaction was expressed with regard to the proposal. * * *

'After further discussion, Mr. Spoon moved acceptance of the plan on which the hearing was held at Cosmopolis ($329,665.00 [sic] share of Cosmopolis; $959,679.00 share of Aberdeen); the proposal to be accompanied by a letter to the State Board expressing the adverse sentiments of the Committee. Motion seconded by Mrs. Vavrek. Poll of voting showed 4 ayes, one No. Motion carried.'

In conformity with the motion, the following letter was written:

'May 17, 1962 [sic]

'TO THE MEMBERS OF THE STATE BOARD OF EDUCATION:

'1. The Grays Harbor County Committee on School District Reorganization this date has taken the only action possible under the 'principles and policies of the State Board respecting participating financial proposals' in the Aberdeen-Cosmopolis high school building program.

'2. This Committee submitted a previous plan which was rejected and was in effect told that the only plan acceptable to the State Board was one that 'met with the principles and policies' of the State Board.

'3. The Committee is submitting this attached plan only because we do not desire to hold up the Aberdeen building program.

'4. Aberdeen merits greater entitlement from State funds than the 8.1 per cent provided by this proposal. Therefore, the Committee strongly urges allocation to this district the full twenty per cent of the project cost.

'GRAYS HARBOR COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION

'Signed: Harold B. Kellogg, Chairman

Donald O. Spoon

Charles Hay

Asa Fishel

Mary C. Wroth

Ilah M. Vavrek

Kenneth Day'

The state board met on June 9, 1961, and the minutes disclose, inter alia:

'MEETING OF JUNE 9, 1961

'Grays Harbor County--Aberdeen School District No. 5

'A proposal for the financing of high school facilities in Aberdeen School District No. 5, Grays Harbor County, by the following school districts in Grays Harbor County:

                         School District                                      Amount to
                Name                           No.                           B3 Provideda
                ----------------------------------                     ------------------------
                Aberdeen                         5
                Cosmopolis                      99  (nonhigh school                  329,865.00
                                                      district)
                                                                       ------------------------
                                                                                  $1,289,544.00
                

Note *a It is understood that districts eligible for State aid will be given full

advantage of same.

* * *

* * *

'A letter from the Grays Harbor County Committee on School District Organization...