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South Dakota Education Ass'n v. Barnett7/29/1998
in any manner inconsistent with the Regents' discretion which was conveyed to the Joint Appropriations Committee through its proposed salary competitiveness funding plan.
Frederick at § 12 (emphasis added); see also, Richter at § 14. In light of the Regent's concerns and the Senate Chairman's statements, this appropriation for salary raises was clearly tied to both conditions in §31. The Legislature clearly intended that the raises would be distributed under the Regents' plan without collective bargaining. It simply makes little sense to conclude that the Legislature intended the Regents to go through the idle art of collective bargaining before implementing the salary plan the Regents and the Legislature had already approved.
[ ] Because I agree with the majority that "clearly the last clause of §31 was intended as a condition or limitation on the expenditure of these funds," I do not believe that the appropriation can be severed from its "condition or limitation."
[ ] I concur with the majority's denial of Petitioners' request to distribute the raises in accordance with Petitioners' existing salary schedule. Petitioners' other arguments have no merit under our established precedent.
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