Los Angeles herald., 1908-04-28
DEMAND S6O,773
FROM COUNCIL
BOARD OF EDUCATION IS SURE
OF GROUNDS
PRESIDENT SCOTT cRlTIclsEs
AUDITOR MUSHET
Backed by City Attorneys Ruling,
Educators Say Their Financial
Authority Is Highest
Under Charter

} Angeles board Of education on the city
council yesterday for $60,773, the sum
. which the lawmakers cut from the
] boards estimates of it's needs when
| the city's budget was made up, and the
J finance committee will discuss and
recommend what action to take.
The demand followed an exciting at
J tack by President Joseph Scott of the
| board on the action of City Auditor w.
c. Mushet's deputy in getting financial
| figures of the board which he said were
inaccurate, Auditor Mushets criticism
of the boards expenditures eein3 based
on these same figures.
President Scott said that in keeping
with the opinion of the city attorney
the hoard made demand on the council
| for immediate restoration of the sum of
| so0773, the amount illegally cut from
the estimates and withheld.
I'VE beg to advise your honorable
body that it is imperative that imme-
diate action be taken, that this money
may be available for use in completing
the present school year
| In this connection an opinion pre-
pared by Deputy Attorney Emmett II.
| Wilson, who was also a member of the
| former school board, was furnished
under which President Scott acted. II
reads:
Wilson Renders Opinion
This opinion is an Interpretation
| of subdivision of section II of the
city charter reading in part The board
of education succeeds to all the prop
erty rights and to the obligations of the
board of education of the city of Los
Angeles heretofore existing, and it shall
have sole power: 8. To deter
| mine annually the amount of money
required for the support of the pub
| lie schools and for carrying into effect
| all the provisions of law in reference
1 -f h -5c-r
vision the board shall, on or before July
IS of each year submit in writing to
| the city council a careful estimate or
the whole amount of money to be re-
ceived from the state and county and
| the amount required from the city for
| the above purposes, and the city coun-
Gil shall in each year fix the percentage
of taxes to be levied and collected for
school purposes; provided that the
amount to be thus levied for school
purposes shall not exceed 20 cents on
| each S100 valuation upon the assess
ment roll, and that when collected it
shall be paid into the school fund"
1.-THE question to be determined"
says the opinion, sis whether under the
terms of this provision of the city char
ter the city council is compelled to pro-
vide in each year the amount of money
estimated by the board of education to
be required for school purposes or
whether the council may exercise its
own Judgment and provide such an
amount as it may deem to be neces-
sary, and require the cost and expense
of maintaining the schools to be kept
within the limit fixed by the council.
"An analysis of this section and of
the other sections of the city charter
relative to the educational department
leads to but one conclusion, to wit:
; That the power to determine the
amount of money required each year
for the support of the schools is vested
solely and exclusively in the board of
education.
''Section 90 of the charter provides
that the government of the school de-
partment of the city shall be vested in
the board of education.
Section II provides that the board
shall have sole power to establ1sh ana
maintain public schools; to appoint or
employ and dismiss the city school
superintendent, the deputy superinten-
dent, the clerk and such teachers ana
other employees as may be necessary;
; to fix, alter and allow their salaries or
wages; to make, establish and enforce
all necessary and proper rules and regu-
lations for the government of the pub
, lie schools; to provide fuel and lights,
, printing and stationery and other sup
plies; to incur such incidental expenses
as may be deemed necessary by the
! board; to build, alter, repair, rent and
provide schoolhouses and furnish the
, same; to improve all school lots; to
r take and hold in fee and trust for the
! city real estate and personal property
| to sell, exchange or lease any such
e property.
; Teachers Salaries
e SECTION IA provides that the board OF
education shall, before the Both day oi
f June of each year, fix a schedule Of
salaries for teachers and employees OF
d the school department to take effect OF
r the first day of July following and tC
: remain in force during one year.
Il ITO refer again to subdivision o.
section Il, it is provided that the board
d of education shall have sole power tC
- determine annually the amount o
S money required for the support of The
public schools. 1t is further provided
= that the board shall, on or before the
S 18th day of July of each year, submit
e an estimate in writing of the whole
o amount of money to be received from
= the state and county and the amoun
n required from the city for the sale
e purposes, and said council shall, il
each year, fix the percentage of taxes
to be levied and collected for schoo
n purposes.
. "The only power given to the city
q council by this section is to comput'
r mathematically the percentage of taXe
v to be levied which will be necessary t.
n raise the amount which has been pre-
viously determined by the board o
n education to be necessary"
There are certain departments of th
a city over which the city council ha
entire control Deputy City Attorne.
+ Wilson point out. 1t may determine
g the number of deputies or employees +
# be employed in such departments; ma!
n fix their salaries and increase or dl
=, minish the same at will.
Tn these danartmQntS the citV COunpi
y, has absolute power to determine th
V for salaries and other expenses and /
has the undoubted right to fix tn
W amount of taxes to be levied and col
l. lected for the support of these depart
:" ments. Such power, however, does no
Ie extend to the educational department.
j. LAS has been pointed out" the opin
,r ion says, "the board of education ha
j. the sole power to determine the numbe
,e of employees and to fix their salaries
II 1t would be absurdity to say that tn
n board of education should have tn
q power to fix the amount of its expendi
,s lures and at the same time give to an
IF other body the power to fix the amour
l. of taxes to be collected for the pay
g. ment of such expenses.
" 1.-THE said subdivision does not civ
le power TO the city council to fix tn
" amount of taxes to be levied and col
e lected for school purposes but to fl
the percentage, and this percentag
,s must be sufficient to raise the amour
le which the board of education has pre-
4 10 tan e