City of Los Angeles v. Pierce

WHITE, J.

This is an original application to this court for a writ of mandate to compel the Board of Education of Los Angeles City, various officers, and the Board of Supervisors of Los Angeles County to pay the sum of approximately $85,000 to the City of Los Angeles as the school board’s "share of the expense of conducting the municipal elections under dates of April 4 and May 2, 1939.

A determination of the issue here presented is dependent upon a construction of section 2.974 of the California School Code (Stats. 1937, p. 1701), of which section there heretofore has been no judicial interpretation. Said section reads as follows:

“In those eases in which the boundaries of the school district, high school district or junior college district, governed by a city board of education, are not coterminous with the boundaries of the city, and where elections, either primary, general or recall, of members of the board of education are by the provisions of the laws governing such cities held on the same day as municipal elections, general or special, a proportionate part of the actual cost and expense of such election shall be a legal charge against the school districts governed by such board of education and the city shall be reimbursed for such proportionate cost and expense incurred in the conduct of such election. The cost and expense of such elections within the boundaries of the city shall be apportioned between the city and the districts therein in the ratio that the total number of offices to be filled and propositions to be voted upon by the electors of the city and the school district or districts, respectively, bears to the total number of such offices to be filled and propositions submitted. The cost and expense of such election in territory outside of the municipal boundaries shall be borne by the districts affected. As between such districts such costs and

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expense shall be apportioned as follows: In territory common to two or more districts the cost of conducting the election therein shall be borne in equal shares, and in territory within a single district the cost shall be borne by such district. ’ ’

It is conceded that the City of Los Angeles conducted the aforesaid elections for the school district, advancing the city’s funds and utilizing its facilities for such purpose. Petitioner, City of Los Angeles, claims to be entitled to reimbursement in the sum of $85,087.90. Respondents, while admitting they owe the sum of $9,052.76, for the election costs in precincts of the school district outside the city limits, contend that as to the balance, representing the cost inside the city limits, the sum due therefor is only '$48,882.49.