Beevers v. JEFFERSON PARISH JUV. COURT

552 So. 2d 1317, 1989 WL 141510
CourtLouisiana Court of Appeal
DecidedNovember 15, 1989
Docket89-CA-262
StatusPublished
Cited by5 cases

This text of 552 So. 2d 1317 (Beevers v. JEFFERSON PARISH JUV. COURT) 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
Beevers v. JEFFERSON PARISH JUV. COURT, 552 So. 2d 1317, 1989 WL 141510 (La. Ct. App. 1989).

Opinion

552 So.2d 1317 (1989)

Raylyn Reine BEEVERS
v.
JEFFERSON PARISH JUVENILE COURT.

No. 89-CA-262.

Court of Appeal of Louisiana, Fifth Circuit.

November 15, 1989.
Writ Denied January 26, 1990.

*1318 LeBlanc, Strickler & Woolhandler, Ann Woolhandler, New Orleans, for Jefferson Parish Juvenile Court, appellant.

Louis G. Gruntz, Jr., Deputy Parish Atty., Parish of Jefferson, Gretna, for Personnel Director, Parish of Jefferson, appellee.

Before CHEHARDY, C.J., and BOWES and DUFRESNE, JJ.

CHEHARDY, Chief Judge.

Appellant, Jefferson Parish Juvenile Court (Juvenile Court), challenges the constitutionality of Jefferson Parish Ordinance No. 16331, which outlines the civil service status of juvenile court employees. The Personnel Director of Jefferson Parish (Personnel Director) seeks dismissal of the appeal on peremptory exceptions of no right of action and failure to join indispensable parties. He argues that Juvenile *1319 Court is not the proper plaintiff to maintain the appeal. Alternatively he contends that nine juvenile court employees who may be affected by a ruling on the validity of the ordinance are indispensable parties to the suit.

For the reasons assigned herein, we find that Juvenile Court has standing to maintain this appeal, in light of the unusual procedural posture of the case. The exception of no right of action is overruled. The exception of failure to join indispensable parties is sustained. The nine post-1974 juvenile court employees are indispensable parties to a suit that seeks to judicially alter status and rights derived from their employment. The appeal is dismissed without prejudice.

FACTS

The case was commenced as a petition of appeal to the Jefferson Parish Personnel Board (Personnel Board) filed by Raylyn Beevers, a juvenile court secretary hired in 1981, who alleged that she had been discriminatorily reassigned to lesser clerical duties. The Personnel Board overruled Juvenile Court's motion to dismiss. It characterized Mrs. Beevers as a civil service employee under Ordinance No. 16331, and assumed jurisdiction over her petition of appeal. Juvenile Court sought and was granted a writ of review in this court. The case was docketed for appeal to review the constitutionality of Ordinance No. 16331 and the jurisdiction of the Personnel Board to entertain Mrs. Beevers' petition of appeal.

In December 1988 Mrs. Beevers resigned from her job; the Personnel Board dismissed her petition of appeal. By motion in this court Juvenile Court suggested that a justiciable controversy continued to exist over the constitutionality of Ordinance No. 16331 and its application to certain juvenile court employees. This court agreed; it found the appeal moot as to Mrs. Beevers, but ordered that the Personnel Director be joined as an indispensable party-appellee and instructed that the case proceed in that posture.

Personnel Director's writs to the Louisiana Supreme Court on the issue of joinder were denied. Personnel Director then filed peremptory exceptions of no right of action and failure to join indispensable parties in this court. LSA-C.C.P. art. 2163.

ISSUES

Jurisdiction over this appeal, which arose as a request for supervisory relief from an interlocutory judgment of an administrative agency, is founded on LSA-Const. Art. 5, § 10(A). The issues raised by the parties are: (1) whether Juvenile Court has a right of action to challenge the constitutionality of Ordinance No. 16331; (2) whether nine juvenile court employees hired between 1974 and 1985 are indispensable parties to the suit; (3) whether Ordinance No. 16331 is unconstitutional.

A decision on the procedural challenges ordinarily pretermits a review of the substantive issues. Here an examination of the constitutional challenge is a necessary basis for the rulings on the exceptions.

I

Ordinance No. 16331, effective February 16, 1985, preserves the status of those court employees who have vested in the parish civil service system or who have attained classified status. It exempts future employees from participation in the system. Juvenile Court contends that the ordinance is unconstitutional because it directly conflicts with the 1974 Louisiana Constitution which excludes court employees from parish civil service. By a strict reading of the ordinance, we find that it does not violate the present Constitution.

Under the Louisiana Constitution of 1921, employees of "courts of record" were designated as "unclassified" employees. LSA-Const. of 1921, Art. 14, § 15(G)(a). Parish governments were empowered to include these employees in their civil service system. LSA-Const. of 1921, Art. 14, § 15(G)(d). Jefferson Parish Ordinance No. 10216, enacted June 14, 1971, included *1320 juvenile court employees within the parish civil service system.

The Louisiana Constitution of 1974 effected a significant change in the status of juvenile court employees. LSA-Const. Art. 10, § 2(B) provides:

"(B) Unclassified Service. The unclassified service shall include the following officers and employees in the state and city civil service:
* * * * * *
(10) employees, deputies, and officers of the legislature and of the offices of the governor, lieutenant governor, attorney general, each mayor and city attorney, of police juries, school boards, assessors, and of all offices provided for in Article V of this constitution except the offices of clerk of the municipal and traffic courts in New Orleans * * *."

The juvenile court is included in LSA-Const. Art. 5. See LSA-Const. Art. 5, §§ 18 and 19. Jefferson Parish Juvenile Court employees were therefore again alloted to the "unclassified" service.

LSA-Const. Art. 10, § 15 continued to allow the local government to include some "unclassified" employees within the parish civil service system. However, it specifically states:

"Nothing in this Part shall permit inclusion in the local civil service of officials and employees listed in Section 2 of this Article."

Juvenile Court (Section 2) employees are specifically excluded from parish civil service coverage. See LSA-Const. Art. 10, § 2 and Art. 5.

LSA-Const. Art. 14, § 9 provides:

"Upon the effective date of this constitution, all officers and employees of the state and of the cities covered hereunder who have status in the classified service shall retain said status in the position, class, and rank that they have on such date and shall thereafter be subject to and governed by the provisions of this constitution and the rules and regulations adopted under the authority hereof."

The Article therefore retains the status of juvenile court employees hired prior to its effective date. LSA-Const. Art. 14, § 18(B) provides for the repeal of existing laws that conflict with the Constitution.

The result of the enactment of the Constitution on December 31, 1974 was: (1) to repeal Ordinance No. 10216, which afforded civil service status to juvenile court employees; (2) to retain the status for those employees who had acquired it; and (3) to prohibit a local governing authority from enacting prospective legislation which affords civil service status to juvenile court employees. It is in this context that the present dispute arose.

Ordinance No. 16331 provides:

"Section I. That Ordinance No. 10216, Sec. 23-25 of the Code of Ordinances of Jefferson Parish be and the same is hereby repealed.
"Section II.

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Bluebook (online)
552 So. 2d 1317, 1989 WL 141510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beevers-v-jefferson-parish-juv-court-lactapp-1989.