Bradford v. City of Shreveport

294 So. 2d 855, 1974 La. App. LEXIS 3254
CourtLouisiana Court of Appeal
DecidedApril 23, 1974
DocketNo. 12261
StatusPublished
Cited by3 cases

This text of 294 So. 2d 855 (Bradford v. City of Shreveport) 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
Bradford v. City of Shreveport, 294 So. 2d 855, 1974 La. App. LEXIS 3254 (La. Ct. App. 1974).

Opinion

WILLIAMS, Judge.

Plaintiffs are 21 policemen employed by the Department of Public Safety of the [857]*857City of Shreveport in the Subdepartment of Police. This suit by plaintiffs against the City is to recover wages for time and one-half pay for overtime hours worked in excess of 48 hours per week. The time period covered extends from June, 1968 to May 15, 1971. Plaintiffs base their claims on LSA-R.S. 33:2213 which provides:

“The maximum hours of work required of any full-time paid patrolman, patrolman first class, sergeant, lieutenant, or captain, or any other employee of the police department, except those employed in a position, grade, or class above that of captain, in any municipality affected by this Sub-part, shall be forty-eight hours in any one calendar week, and eight hours in any one day. In cases of emergency, any employee may be required to work in excess of the maximum. For each hour so worked the employee shall be paid at the rate of one and one-half times his usual salary, to be determined by reducing his monthly salary to an hourly scale.”

This suit was originally filed on September 23, 1971. This case was previously before this court (Bradford, et al. v. City of Shreveport, 266 So.2d 254) at which time the judgment of the trial court sustaining an exception of no cause of action filed by the City was annulled and set aside and the case remanded for further proceedings. Writs refused, 263 La. 364, 268 So.2d 556.

After remand to the trial court, defendant City filed a peremptory exception of prescription as to all claims of plaintiffs which accrued more than one year prior to September 23, 1971, the date suit was filed. Subject to this exception the City filed an answer denying any liability to plaintiffs and incorporated therewith a special plea of laches and estoppel. These pleas were based on each plaintiff’s action in:

A. Accepting his pay as paid to him without protest;
B. Without protest, permitting defendant to expend its public funds for other purposes, said funds being appropriated on a yearly basis; and
C.Neglecting to timely file his claim and permitting an unreasonable delay to elapse before making his claim.

For these reasons defendant City argues plaintiffs are guilty of laches and are es-topped to recover their claims because this would impose an unreasonable hardship on the fiscal processes of the City.

The trial court overruled defendant’s plea of estoppel by laches. The plea of prescription was sustained and final judgment granted in favor of 15 plaintiffs for such overtime as was earned by them during the year prior to the date suit was filed. From this judgment plaintiffs and defendant City appealed.

The issues before this court raised by the City, as appellant, are (1) LSA-R.S. 33:2213 has no application to the City of Shreveport; (2) if said statute is applicable to the City, all of plaintiffs’ claims for time and one-half pay for overtime are barred by estoppel and laches.

Plaintiffs-appellants argue (1) the question of the applicability of LSA-R.S. 33:2213 to the City of Shreveport has been previously decided by this court and this contention by the City is without merit; (2) they are not guilty of laches and are not estopped to obtain the payments due them for overtime hours of work; (3) the prescription of one year provided by LSA-C.C. Art. 3534 is inapplicable to the class of employment to which plaintiffs belong, and accordingly, they are each entitled to the full sum of time and one-half pay each has earned over the entire period from June, 1968 until May 15, 1971.

It is appropriate to recite some of the factual background from which the present suit arose. In 1968 it was decided by officials of the Sub-department of Police, Department of Safety for the City of Shreveport that additional patrols in the predomi-nently Negro area of the City were re[858]*858quired. It was also determined these patrols would best be done by Negro patrolmen. To accomplish this, the Negro policemen employed by the City were asked to volunteer to work 12 hour shifts, six days a week. This program began in June, 1968 and continued, and for such overtime each was paid at his regular pay instead of time and one-half as required by LSA-R. S. 33 :2213. The program was discontinued when the Department of Public Safety had to cut down on its budget due to the failure of a tax renewal to pass. About this time plaintiffs learned for the first time that each was entitled to be paid time and one-half his usual hourly scale for such overtime. Demand for payment was made and after refusal by the City to pay, this suit followed.

The City has here reurged LSA-R.S. 33 :2213 has no application to the City. This was decided adversely to the City by this court in Bradford v. City of Shreveport, 266 So.2d 254, 263 La. 364, 268 So.2d 256, writs refused, therefore, this argument is without legal merit.

The trial court held that plaintiffs, as policemen, are “workmen” and therefore their claims for overtime pay due more than one year prior to September 23, 1971 were prescribed under LSA-C.C. Art. 3534 which provides:

“The following actions are prescribed by one year:
ifc >|< ‡ ij< i}t
“That of workmen, laborers and servants, for the payment of their wages.

In reaching this conclusion the trial court relied on the holding in Devillier v. City of Opelousas, 247 So.2d 412 (3d Cir. 1971). In Devillier the court specifically held firemen were classified as “employees” and not “officers” or “officials” of the municipality. We believe this readily distinguishes the Devillier case from the instant one involving only policemen. This court has previously held policemen employed by the City of Shreveport are “public officials”. Houston v. Brown, 292 So.2d 911 (decided March, 1974); Jones v. Anderson, 277 So.2d 697 (La.App., 2d Cir. 1973) ; Bolden v. City of Shreveport, 278 So.2d 138 (La.App., 2d Cir. 1973).

The provisions of LSA-R.S. 33:2211 and the Charter of the City of Shreveport define the general duties of policemen. Plaintiffs were employed by the City as policemen and are classified as a “public official” as each meets the definition thereof set forth in State v. Dark, 195 La. 139, 196 So. 47 (1940) as follows:

“The best general and most concise definition we have been able to find of what is a public office and who are public officers is that given by Mechem in his work on Public Officers, viz.:
‘A public office is the right, authority and duty, created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public. The individual so invested is a public officer.’ Section 1, page 1.” [196 So. 47, 50]

LSA-C.C. Art. 3534 provides in part, as follows:

“The following actions are prescribed by one year:
“That of justices of the peace and notaries, and persons performing their duties, as well as that of constables, for the fees and emoluments which are due to them in their official capacity.

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Related

Bradford v. City of Shreveport
299 So. 2d 351 (Supreme Court of Louisiana, 1974)

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294 So. 2d 855, 1974 La. App. LEXIS 3254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-v-city-of-shreveport-lactapp-1974.