Alexander v. Menard

215 So. 3d 766, 15 La.App. 3 Cir. 910, 2015 La. App. LEXIS 1895
CourtLouisiana Court of Appeal
DecidedSeptember 28, 2015
DocketNo. 15-910
StatusPublished
Cited by3 cases

This text of 215 So. 3d 766 (Alexander v. Menard) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Menard, 215 So. 3d 766, 15 La.App. 3 Cir. 910, 2015 La. App. LEXIS 1895 (La. Ct. App. 2015).

Opinion

GENOVESE, Judge.

I,The plaintiff candidate, Vincent Alexander, appeals from the trial court’s judgment dismissing his suit objecting to the candidacy of the defendant, Albert P. Me-nard, for the position of parish councilman. Finding no error in the trial court’s interpretation of the applicable statutes, and no manifest error in the trial court’s findings of fact, we affirm the judgment dismissing the suit.

I.

ISSUE

We must decide whether the trial court legally erred or was manifestly erroneous in dismissing the objection to candidacy filed by Mr. Alexander against Mr. Me-nard based upon Mr. Menard’s alleged [768]*768failure to pay outstanding fees prior to noticing his candidacy for office.

II.

FACTS AND PROCEDURAL HISTORY

Mr. Alexander, a candidate for Parish Council, District 7, St. Martin Parish, filed suit objecting to the candidacy of Mr. Me-nard for the same position. Mr. Alexander’s suit is based upon Mr. Menard’s allegedly having falsely certified that he had no unpaid fines, fees, or penalties, pursuant to the Code of Governmental Ethics, at the time that Mr. Menard qualified for the Council position in the upcoming election.

Mr. Alexander entered into evidence a 2014 suit filed by the State of Louisiana Board of Ethics (BOE) against Mr. Me-nard in the Sixteenth Judicial District Court, St. Martin Parish, Docket No. 81825, challenging his candidacy in the 2014 election of Alderman for the City of Breaux Bridge. That suit asserted Rthat Mr. Menard had not paid two Late Fee Orders issued by the BOE for his failure to timely file Tier 3 Annual Personal Financial Disclosure Statements in 2009 ($200.00 assessment) and in 2010 ($1,500.00 assessment).

As a result of the suit by the BOE, Mr. Menard voluntarily withdrew his candidacy for the position of Alderman in the 2014 election, and the BOE filed a Motion and Order to Dismiss in Docket No. 81825 on September 25, 2014. The Order to Dismiss was signed by Judge Paul J. deMahy on March 2, 2015. Mr. Vincent contended at trial that the St. Martin Parish Clerk of Court was holding the dismissal in suit No. 81825 “for the deposit of $514.95.”

Mr. Menard entered into evidence documents showing that he had paid fees of $1,500.00 to the BOE on September 9, 2015. Mr. Menard testified that two hours before filing his notice of candidacy, on the same date, he drove to Baton Rouge and paid all of the fees or fines that the Baton Rouge office said he owed to the BOE, which was $1,500.00.

Following the testimony of the parties and the St. Martin Parish Clerk of Court, Becky P. Patín, the trial court dismissed Mr. Vincent’s suit in this case, challenging the candidacy of Mr. Menard in the current race for Parish Council. For the reasons expressed below, we affirm the trial court’s judgment of dismissal.

III.

STANDARDS OF REVIEW

“Questions of law, such as the proper interpretation of a statute, are reviewed by the appellate court under the de novo standard of review.” Land v. Vidrine, 10-1342 (La.3/15/11), 62 So.3d 36 (citations omitted). An appellate court may not set aside a trial court’s findings of fact in absence of manifest error or ^unless it is clearly wrong. Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). In election suits, generally, great deference is given to the trier of fact’s findings regarding the credibility of witnesses. See Herpin v. Boudreaux, 98-306 (La.App. 3 Cir. 3/5/98), 709 So.2d 269 (citing Blackwell v. Kershenstine, 97-210 (La.App. 3 Cir. 2/27/97), 690 So.2d 247, writ denied, 97-545 (La.3/14/97), 689 So.2d 1390). Accordingly, in this case, we conduct a de novo review of the trial court’s findings regarding whether court costs are included in the definition of outstanding fines, fees, and penalties in La.R.S. 18:463(A)(2)(c)(ii)-(iii); and, we review for manifest error the trial court’s findings of fact regarding Mr. Me-nard’s payment of the outstanding late fees prior to signing his Notice of Candidacy, with appropriate deference to the trial [769]*769court in evaluating the credibility of the witnesses testifying before the court.

IV.

LAW AND DISCUSSION

On September 9, 2015, Mr. Menard signed a Notice of Candidacy form wherein he was required to certify thirteen items of information in order to run for the office of Councilman. Item number eleven of that form states: “I do not owe any outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics.” Mr. Alexander’s suit is brought pursuant to La.R.S. 18:492(A)(6), providing that an action objecting to an individual’s candidacy can be brought on the grounds that he “falsely certified on his notice of candidacy that he does not owe any outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics as provided in R.S. 18:463(A)(2).” Louisiana Revised Statutes 18:463(A)(2)(c) (emphasis added) provides:

|4(ii) “Outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics” shall mean a fine, fee, or penalty equal to an amount of two hundred fifty dollars or more imposed by the Board of Ethics for which all appeals have been exhausted.
(iii) “Outstanding fine, fee, or penalty” shall not mean any fine, fee, or penalty that has been paid in full as of the time of the filing of the notice of candidacy.

Here, the trial court’s dismissal of Mr. Alexander’s suit was based upon the evidence that the BOE had dismissed its suit challenging Mr. Menard’s candidacy for Alderman in the 2014 election; and it was based upon the evidence that Mr. Menard had paid all of the outstanding fees owed to the BOE before filing his notice of candidacy for Councilman in the current election. Mr. Vincent contends that the trial court erred in finding that the previous suit against Mr. Menard had been dismissed and in finding no false certification as to item number eleven when Mr. Menard filed his Notice of Candidacy form.

Outstanding Fees

Mr. Alexander contends that State, Board of Ethics v. Darby, 06-1058 (La. App. 3 Cir. 8/24/06), 937 So.2d 929, is applicable. In that challenge to candidacy, this court reversed a dismissal of the suit because the candidate’s outstanding fees were not paid until after the candidate certified that he had no outstanding fees, even though the trial court had allowed the candidate an additional twenty-four hours to pay. Such is not the case here, where the record reveals that Mr. Menard paid his outstanding fees of $1,500.00 to the BOE on September 9, 2015, before he filed his Notice of Candidacy certifying that he owed no outstanding fines, fees, or penalties under the Code of Governmental Ethics. The copies of the dated money orders, receipt, and Notice of Candidacy in |Bthe record all bear the dates of September 9, 2015, and Mr. Menard testified that he paid the fees about two hours before filing the Notice. Mr. Alexander put on no evidence to refute Mr. Menard’s testimony that the fees were paid before the form was signed.

Mr. Alexander further argues that the court costs on the previous suit by the BOE, in the amount of $514.95, were the responsibility of Mr. Menard, and the nonpayment of the court costs before filing his Notice of Candidacy renders Mr.

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Bluebook (online)
215 So. 3d 766, 15 La.App. 3 Cir. 910, 2015 La. App. LEXIS 1895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-menard-lactapp-2015.