Barlow v. Town of Waterproof

39 So. 3d 768, 2010 La. App. LEXIS 725
CourtLouisiana Court of Appeal
DecidedMay 19, 2010
DocketNo. 45,211-CA
StatusPublished
Cited by1 cases

This text of 39 So. 3d 768 (Barlow v. Town of Waterproof) 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
Barlow v. Town of Waterproof, 39 So. 3d 768, 2010 La. App. LEXIS 725 (La. Ct. App. 2010).

Opinion

CARAWAY, J.

The municipal clerk of the Town of Waterproof, Louisiana, instituted this in-junctive action against the mayor of the town seeking to prohibit the mayor from [770]*770interfering with the clerk’s job duties and compensation. The court granted the clerk’s temporary restraining order and a hearing on the preliminary injunction ensued. After hearing testimony, the trial court issued a preliminary injunction forbidding the mayor from taking any action that would upset the status quo of the clerk’s job duties and employment in violation of applicable statutory provisions. The mayor appeals the judgment. We affirm.

Facts

On May 14, 2009, Tonya Barlow (“Barlow”), town clerk of Waterproof, instituted suit against Waterproof, its mayor, Bobby Higginbotham, and police chief, Miles Jenkins. The suit included claims relating to unlawful employment practices due to discrimination and retaliation, whistleblower protection and damages for tort claims of assault and battery, false imprisonment and defamation. As part of her petition, Barlow also sought injunctive relief against Higginbotham to prohibit him from engaging in unlawful employment policies and commanding him to reinstate Barlow to her position and pay grade. Barlow cited several alleged instances of Higginbotham’s attempts to remove Barlow from her office or interfere with her duties.

Barlow alleged that on January 31, 2007, she was employed by Waterproof as the town clerk. Higginbotham had assumed the office of 12mayor on January 1, 2007. According to Barlow, in early 2008, several disagreements arose between her, the mayor and the police chief over the processing of speeding tickets and the withholding of out-of-state drivers’ licenses from ticketed drivers. Barlow claimed that in April of 2008 the mayor, in alleged retaliation, began to reduce her duties and minimize her authority.

The list of alleged mayoral actions against Barlow were asserted as follows: May 2008—

• Higginbotham refused to allow Barlow to assist state auditors.
• Placed Barlow on leave pending meeting with the Board of Aldermen (“Board”).
• Accused Barlow of breaching duties by written memo to Board.
• Suspended Barlow without pay after Board reinstated her to position.
• Called a meeting of Board to terminate Barlow which was denied.
• Barlow received check which indicated that higher amount was salary plus severance pay.
• Higginbotham requested Barlow to return to work without penalty with a confirmed salary of $30,000.
June 2008—
• Barlow returned to work as full-time town clerk.
• Mayor informed Barlow she would sit at a desk by the back door out of the public view and was no longer allowed to be in the office alone, answer the phone, have access to the office computer system, accept or handle payments for the town, check mail, sign checks, have an office key or let anyone enter the office building and was required to clock in on a time card. Barlow’s sole duties were to organize tickets, the tax roll and office filing.
• On same day, Barlow’s duties changed to part-time.
• Barlow’s paycheck was reduced significantly.
September 2008—
• Mayor sought to lay off Barlow; Board denied the request.
• Mayor sought to lay off Barlow; Board denied request.
[771]*771• Mayor terminated Barlow’s employment for lack of funds.
• At request of Board, Barlow returned to her position as Town Clerk. When police action was threatened, Barlow left.
• Barlow was refused entry to the office for one week.
la* Board unanimously approved Barlow’s return to work.
• Barlow returned to work.
December 2008—
• Mayor laid off all town employees including Barlow.
February 2009—
• Board requested that Barlow record minutes of meeting.
March 2009—
• Mayor requested termination of Barlow who was still on layoff. Board voted to reinstate Barlow.
• Barlow returned to work with full-time duties.
• Mayor had Barlow arrested for trespassing but changed his mind and ordered officers to remove handcuffs.
• Barlow filed criminal charges against Higginbotham.
• In criminal proceedings, district judge enjoined Mayor from “terminating or interfering” with Barlow’s employment.
April 2009—
• Board convened into executive session; Mayor wanted discharge of Barlow in exchange for discharge of chief of police.
May 2009—
• Barlow attached the affidavit of Alderman Lionel Travers to petition in support of this claim.

Based upon these allegations, the trial court granted a temporary restraining order on May 14, 2009, enjoining and prohibiting Higginbotham from “directly or indirectly” interfering with the employment, job duties and the compensation of the town clerk. At the preliminary injunction hearing1 which ensued, Barlow and Aider-man Lionel Travers testified. Travers testified that at an executive session meeting of the Board of Aldermen, on April 13, 2009, Higginbotham wanted Barlow fired in exchange for the termination of employment of the chief of police, which was apparently the desire of the Board of Aldermen. No decision was made by the Board of |4 Alder man. Barlow testified consistently with the facts set forth in her pleadings.

After hearing the arguments of counsel, the trial court granted Barlow’s request for a preliminary injunction maintaining the status quo of Barlow as the town clerk. The Court requested that Barlow’s counsel reduce the judgment to writing. The judgment was signed by the court on June 26, 2009. The trial judge forwarded the judgment to the Clerk of Court of Tensas Parish on July 1, 2009, with a request that the clerk “provide a certified copy of the above Order on Motion to all counsel of record by certified mail.” The signed judgment was filed into the record on July 8, 2009. A computer printout2 from the Tensas Parish Clerk of Court’s Office shows that certified copies were mailed on [772]*772July 8, 2009. Higginbotham’s eventual motion for appeal was filed on July 22, 2009, and signed by the trial judge on July 28, 2009.

The judgment denied Higginbotham’s exception of no cause of action and decreed that Barlow was the duly appointed town clerk. Further, the court made a determination that Higginbotham’s repeated firing and micromanagement of Barlow’s duties caused irreparable harm to Barlow and Waterproof.

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Bluebook (online)
39 So. 3d 768, 2010 La. App. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-town-of-waterproof-lactapp-2010.