Billiot v. Wiltz

222 So. 3d 964, 16 La.App. 2 Cir. 1047, 2017 WL 2267325, 2017 La. App. LEXIS 957
CourtLouisiana Court of Appeal
DecidedMay 24, 2017
Docket16-1047
StatusPublished

This text of 222 So. 3d 964 (Billiot v. Wiltz) 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
Billiot v. Wiltz, 222 So. 3d 964, 16 La.App. 2 Cir. 1047, 2017 WL 2267325, 2017 La. App. LEXIS 957 (La. Ct. App. 2017).

Opinion

SAUNDERS, Judge.

1 jThis case involves a writ of quo war-ranto filed for by an individual who was appointed to a board. The individual’s appointment was not placed on the meeting agenda of the board and was not considered by the president of the board despite the CEO and president of the board having knowledge of the individual’s appointment with ample time to place the item on the agenda.

The board president’s term ended three months prior to the meeting as the individual seeking to be sat on the board had been appointed in the president’s place by a newly elected official. The trial court granted the individual’s writ and awarded the individual damages under La.R.S. 42:82 in the form of costs and attorney’s fees.

FACTS AND PROCEDURAL HISTORY:

On March 18, 2016, John A. Billiot, Jr. (Billiot) was appointed by Mayor-President, Joel Robideaux, as the representative of the Mayor-President to the St. Martin-Iberia-Lafayette Community Action Agency (SMILE) Board. SMILE is a corporation organized under the law of the State of Louisiana, domiciled and doing business in the Parishes of St. Marin, Iberia, and Lafayette. Billiot’s appointment to the SMILE Board was memorialized in a letter written that day..

Later that same day, Billiot met with Royal Hill, the CEO of SMILE. According to Billiot, Hill informed him that his appointment to the SMILE Board would not be accepted because that board membership was currently being held by Kendall Wiltz, the current President of the SMILE Board.

On Monday, March 28, 2016, there was a meeting of the SMILE Board wherein Bil-liot’s appointment to the SMILE Board was not addressed. According to Wiltz, it was not addressed because it was not placed on the agenda by Hill, and Wiltz failed to obtain unanimous consent to amend the agenda to include Billiot’s |2appointment. Wiltz was still acting as President of the SMILE Board despite his term ending the preceding January.

On April 6, 2016, Billiot filed a petition for writ of quo warranto against Wiltz, individually, and acting as president of the SMILE Board. Billiot’s petition contended that the SMILE Board met on March 28, 2016. According to Billiot, Wiltz retained physical possession of the office of SMILE Board President and refused to surrender it or the books and papers associated with the position into Billiot’s custody despite Wiltz’s term on the board ending in January 2016. Further, Billiot averred that Wiltz continued to usurp the prerogatives of the office illegally and without authority.

A trial was held on the merits of Billiot’s writ for quo warranto. The trial court ruled in favor of Billiot and found that he was entitled to attorney’s fees and costs from Wiltz as the damages he suffered under La.R.S. 42:82. Wiltz appeals and assigns four errors.

ASSIGNMENTS OF ERROR:

1. The trial court erred in assessing attorney’s fees and costs against appellant.

2. The trial court erred in assessing attorney’s fees and costs against appellant personally as he was acting in his official duties as the SMILE Board President when this action commenced.

3. The trial court erred in assessing attorney’s fees and costs against appellant as a result of John Billiot, Jr. not being seated on the SMILE Board on March 28, [967]*9672016, as the Louisiana Open Meetings Law was followed.

4. The trial court erred in assessing attorney’s fees and costs against appellant because at the time of the hearing John Billiot, Jr. wás seated on the SMILE board, making the entire proceedings moot.

DISCUSSION OF THE MERITS:

IrAII of the assigned errors above address the propriety of the trial court assessing attorney’s fees and costs against Wiltz. As such, we will address them under one heading.

A writ of quo warranto directs an individual to show cause by what authority he claims or holds office. La. C.C.P. art. 3901. A writ of quo warranto serves the narrow function of preventing the usurpation of office or of powers. [State ex rel Palfrey v. Simms, 152 So. 395 (La.App.1934)]. Unlike a mandamus, a writ of quo warranto is not an order directing the defendant to perform (or to cease performing) a certain act; rather, it is an order directing the defendant to show by what authority he or she is acting. La. C.C.P. art. 3901, Official Comment (e).
In a quo warranto action, the defendant has the burden of showing by what authority he or she claims to hold office. In re Interdiction of Vicknair, 2001-0902, p. 4 (La.App. 1 Cir. 6/21/02), 822 So.2d 46, 50. If the court finds that burden is not met (i.e., that the 'defendant is claiming or holding office without authority), it is required to render judgment forbidding him or her from doing so. La. C.C.P. art. 3902. The court may also render judgment declaring who is entitled to office and, when necessary, directing an election be held. Id.
Because the issues presented in this quo warranto action are all legal ones, the standard of review is de novo. See Vanderhoff v. Beary, 2003-0912, p. 2 (La. App. 4 Cir. 8/20/03), 853 So.2d 752, 754, writ denied, 2003-2895 (La. 1/9/04), 862 So.2d 987 (citing Cleco Evangeline, LLC v. Louisiana Tax Com,’n, 2001-2162, p. 3 (La. 4/3/02), 813 So.2d 351, 353).

Crutcher v. Tufts, 04-653, pp. 6-7 (La.App. 4 Cir. 2/16/05), 898 So.2d 529, 533.

Wiltz’s first argument as to why the trial court erred in assessing attorney’s fees and costs against him personally is that he was acting, in his official duties as the SMILE Board President when this action commenced. We find no merit to this argument.

Louisiana Revised Statutes 23:64.1, in pertinent part, states (emphasis added):

[ (A) ](1) One-third of the members 'of the board shall be elected public officials currently holding- office in the geographical area to be served by the community action agency. If the number of elected public officials available and willing to serve is less than the one-third | ¿requirement, appointed public officials may be used to meet this requirement. Duly appointed members may designate an individual to represent them on the board by properly notifying the local community action agency of such desig- . nation.
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(C) The terms of board members selected in Paragraph (1) of Subsection A of this Section shall coincide with the term of their elected office.

Here, Wiltz was appointed to the SMILE board by former Mayor-President of Lafayétte, Joey Durel. Wiltz’s term on the SMILE board ended when former Mayor-President Durel’s term ended on Monday, January 4, 2016, the date that Durel’s successor, Mayor-President Joel Robidéaux, was officially sworn in to office. Accordingly, Wiltz was not acting within [968]*968his official duties as the SMILE Board President when the action commenced.

Wiltz argues that the trial court erred in assessing attorney’s fees and costs against him insofar as he was following Louisiana Open Meetings Law in failing to seat Billiot at the March 28, 2016 meeting. We find no merit to this argument.

Louisiana Revised Statutes 42:19 states, in pertinent part, the following:

A.

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222 So. 3d 964, 16 La.App. 2 Cir. 1047, 2017 WL 2267325, 2017 La. App. LEXIS 957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billiot-v-wiltz-lactapp-2017.