Afscme, Council 17 v. State, Dept. of Health & Hospital

789 So. 2d 1263, 2001 WL 743868
CourtSupreme Court of Louisiana
DecidedJune 29, 2001
Docket2001-CA-0422
StatusPublished
Cited by24 cases

This text of 789 So. 2d 1263 (Afscme, Council 17 v. State, Dept. of Health & Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Afscme, Council 17 v. State, Dept. of Health & Hospital, 789 So. 2d 1263, 2001 WL 743868 (La. 2001).

Opinion

789 So.2d 1263 (2001)

AFSCME, COUNCIL # 17 & Ronald Walker
v.
The STATE of Louisiana through the DEPARTMENT OF HEALTH & HOSPITALS, the State Civil Service Commission and Richard Ieyoub, Attorney General of the State of Louisiana.

No. 2001-CA-0422.

Supreme Court of Louisiana.

June 29, 2001.

*1264 Mary F. Horrell, Charles H. Braud, Jr., Richard P. Ieyoub, Attorney General, Baton Rouge, counsel for Applicant.

Daniel L. Avant, Mark E. Falcon, Robert R. Boland, Jr., Baton Rouge, counsel for Respondent.

KNOLL, Justice.[*]

The Louisiana Department of Health and Hospitals ("LDHH") filed this direct appeal[1] from the judgment of the district court which declared LA.REV.STAT. ANN. § 42:1414 unconstitutional.[2] We affirm *1265 the district court judgment, in part, finding that LA.REV.STAT. ANN. § 42:1414 is unconstitutional only as applied to classified state employees. We reverse that part of the judgment which found LA.REV. STAT. ANN. § 42:1414 unconstitutional as it affects unclassified state employees.

FACTS

LDHH employed Ronald Walker ("Walker") at the Hammond Developmental Center, a residential facility for the developmentally disabled, as a residential training specialist. Walker's employment entailed the direct care of residents. On March 27, 1998, LDHH notified Walker, a classified employee, by letter that he was terminated pursuant to LA.REV.STAT. ANN. § 42:1414. The termination letter stated:

You were convicted of a felony, Aggravated Battery, on February 10, 1997. You were sentenced to serve three years. Credit was given for time served and the sentence was suspended. L.S.A. R.S. 42:1414 requires an employee be terminated from his position of employment with the state upon conviction during his employment of a felony.

Walker appealed his termination on April 3, 1998, to the State Civil Service Commission ("Civil Service Commission"). That appeal is still pending.

On January 19, 1999, Walker, joined by Council # 17 of the American Federation of State, County, and Municipal Employees, AFL-CIO ("AFSCME"), sued LDHH, the Civil Service Commission, and the Attorney General of the State of Louisiana in district court,[3] seeking a declaratory judgment that LA.REV.STAT. ANN. § 42:1414 is unconstitutional.[4] Walker subsequently moved for summary judgment, contending that LA.REV.STAT. ANN. § 42:1414, which defines conviction of a felony during employment as a mandatory "cause" for termination from service, usurps the Civil Service Commission's exclusive authority, granted by LA. CONST. art. X, §§ 8, 10, and 12, to define the misconduct and behavior which constitutes cause for disciplining a classified employee. In addition, Walker argued that with the enactment of LA.REV.STAT. ANN. § 42:1414, the legislative branch of government impermissibly encroached upon the power of the executive branch to determine whether *1266 an employee's behavior warrants disciplinary action, thereby violating the principle of separation of powers provided in LA. CONST. art. II, § 2.[5]

LDHH opposed the motion for summary judgment, presenting four arguments. First, it argued that LA.REV.STAT. ANN. § 42:1414 did not interfere with the power and authority of the Civil Service Commission because this statute only showed the exercise of the Legislature to define and punish criminal conduct. Second, LDHH pointed out that the Civil Service Commission's definition of cause is ambiguous and certainly encompassed an employee's commission of a violent felony. Third, it contended that nothing in LA. CONST. art. X, § 10(A) indicates that the powers of the Civil Service Commission are exclusive. Next, addressing the separation of powers argument, LDHH contended that LA.REV. STAT. ANN. § 42:1414 did not interfere with the Civil Service Commission's constitutionally assigned function.[6]

The district court granted Walker and AFSCME's motion for summary judgment. In declaring LA.REV.STAT. ANN. § 42:1414 unconstitutional, the district court found that LA.REV.STAT. ANN. § 42:1414 violated the separation of powers principle established in LA. CONST. art. II, § 2. In its written reasons for judgment, the district court stated:

It is clear that only the State Civil Service Commission has the constitutional power and authority to determine what constitutes "cause" for discipline or dismissal of [a] permanent classified civil servant.
R.S. 42:1414 mandates that a state employee convicted of a felony during his employment be terminated from the classified service. Since only the State Civil Service Commission can decide what constitutes "cause" for termination, R.S. 42:1414 clearly contravenes that exclusive authority to hear and decide removal cases and determine what constitutes "cause" for termination. R.S. 42:1414 thus violates the provisions of Article 10, § 8, 10 and 12 of the 1974 Constitution.
Article 2, Section 2 of the Louisiana Constitution of 1974 provides the principle of separation of powers. In enacting a statute which sets forth mandatory "cause" for the firing of a member of the classified service, the Legislature has exercised power reserved to the executive branch in violation of Article 2, Section 2. (emphasis in original).

LDHH then pursued this direct appeal.

DISCUSSION

LDHH and the Attorney General have raised the same arguments before us as they did in the district court. Before reaching their arguments, we will first provide an overview of the doctrine of separation of powers and a thumbnail sketch of the Civil Service system so that we may place the argument of LDHH and the Attorney General into perspective.

*1267 Separation of Powers

The powers of Louisiana government are divided into three separate branches: legislative, executive, and judicial. LA. CONST. art. II, § 1. Except as otherwise provided by the constitution, no one of these branches, nor any person holding office in one of them, shall exercise power belonging to either of the others. LA. CONST. art. II, § 2.

In In re A.C., 93-1125, p. 17-18 (La.1/27/94), 643 So.2d 719, 731-32, we stated:

This section stands for the proposition that "the Constitution is violated only if one branch of government or its members exercises power belonging to either of the others" [State ex rel.] Guste [v. Legislative Budget Committee], supra, [347 So.2d 160] at 165. This rule has its origin in a desire for each branch to act as a "check" upon the other and, by so doing, ensure a "balanced" government, as was expressed by the United States Supreme Court in Humphrey's Executor v. United States, 295 U.S. 602, 55 S.Ct. 869, 79 L.Ed. 1611 (1935):
The fundamental necessity of maintaining each of the three general departments of government entirely free from the control or coercive influence, direct or indirect, of either of the others, has often been stressed and is hardly open to serious question. So much is implied in the very fact of the separation of the powers of these departments by the Constitution; and in the rule which recognizes their essential coequality. The sound application of a principle that makes one master in his own house precludes him from imposing control in the house of another who is master there.

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Opinion Number
Louisiana Attorney General Reports, 2004

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Bluebook (online)
789 So. 2d 1263, 2001 WL 743868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/afscme-council-17-v-state-dept-of-health-hospital-la-2001.