Carriere v. St. Landry Parish Police Jury

693 So. 2d 1201, 96 La.App. 3 Cir. 0641, 1997 La. App. LEXIS 934, 1997 WL 164146
CourtLouisiana Court of Appeal
DecidedApril 9, 1997
DocketNo. 96-641
StatusPublished
Cited by2 cases

This text of 693 So. 2d 1201 (Carriere v. St. Landry Parish Police Jury) 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
Carriere v. St. Landry Parish Police Jury, 693 So. 2d 1201, 96 La.App. 3 Cir. 0641, 1997 La. App. LEXIS 934, 1997 WL 164146 (La. Ct. App. 1997).

Opinions

JiCOOKS, Judge.

The St. Landry Parish Police Jury appeals the trial court’s issuance of an Alternative Writ of Mandamus against it in favor of the Parish Coroner. The writ of mandamus directed the Police Jury to provide a $25,000.00 annual salary to the Coroner and to provide $96,000.00 to fund the Coroner’s annual budget for “necessary or unavoidable” expenses. The trial court’s judgment also mandated certain procedural mechanisms for accounting, reduction, and crediting of funds received by the Coroner. For reasons which follow, we affirm the judgment of the trial court ordering the Police Jury to tender the Coroner $96,000.00 for “necessary or unavoidable” expenses. We reverse the trial court’s judgment on all other issues.

BACKGROUND FACTS

The facts of this case were not unforeseen and the issues we consider today, though presented with a different twist, are not res nova. We are satisfied the financial concerns which prompted the St. Landry Parish Police Jury to “say no” toj^the Coroner’s annual budget request are genuine and not motivated by desire to undermine the independence of those who hold this valued office by vote of the parish electors. The impasse which has occurred between these parties finds origin long before David Carriere, an attorney, stood alone in the clerk’s office on August 31, 1995 with only ten minutes remaining on the clock for all wishing to qualify in hopes of serving as parish coroner. The onlookers that day were not waiting in earnest for any medical doctor in the Parish to appear and enter a contest to hold this esteemed position. They knew too well the tribulations experienced by Dr. Sylvan Manuel, the retiring coroner, who held the post for twelve years.

A. Dr. Manuel’s Years In Office

The Coroner was not provided an office with supplies and equipment, a room to conduct examinations, a telephone, camera and [1204]*1204films, or even a pager; nor reimbursed for using his personal vehicle to travel the many miles required to perform his duties. Dr. Manuel even paid postage, state dues and malpractice insurance for the Coroner’s office. His job as coroner for the parish required that he remain on call 24 hours daily, 365 days a year. Dr. Manuel could not afford to pay a physician to perform the services demanded during his absence for illness or vacation. The first few years after his election, Dr. Alban Williams voluntarily assisted the deputy coroner (who was not a licensed physician) without charging the Parish to allow Dr. Manuel time to vacation with his family.

The Parish does not have a morgue headed by a forensic pathologist possessing the expertise to perform autopsies statutorily required in cases where foul play is suspected or death results from other than natural causes. See La.R.S. 33:1563(B). Consequently, Dr. Manuel secured the services of Dr. Emil Laga to perform this mandated responsibility. In turn, Dr. Laga relied on the gratuity of funeral homes ^located in the Parish which allowed him use of their facilities free of charge to perform autopsies. The funeral homes also transported the hod-ies for the Coroner’s office without remuneration. Dr. Laga’s invoices for his services were submitted to the Jury for payment separate from the Coroner’s submissions. Through the years, Dr. Laga complained that the Police Jury’s failure to pay for his services without considerable delay was becoming intolerable. On occasions, he refused to perform necessary autopsies without compensation, forcing the Sheriff to pay for such examinations out of his office’s already burdened funds to preserve vital evidence in criminal cases.

Dr. Manuel candidly acknowledged he could not perform all the duties assigned him by statutes with the meager funds available for the operations of the Coroner’s office.1 Besides Dr. Manuel, the Coroner’s office staff was comprised of one deputy coroner who was not a licensed physician and a part-time secretary. As |4Pr. Manuel stated “there was no way [he] could physically examine all [the] rape cases.” Again, he was forced to rely on the gratuitous services of doctors on call at various hospitals located in the parish to perform examinations in such cases. Even the rape kits required were provided by Acadiana Crime Lab. At times, Dr. Manuel commissioned his “good friends,” [1205]*1205who are physicians at the Opelousas General Hospital, to serve as deputy coroners to defray expenses associated with traveling to the hospital in death cases. Dr. Manuel also paid his personal secretary, employed at his private medical office, to perform clerical work for the Coroner’s office.

During his tenure, Dr. Manuel often sought additional funds for the operations, of the Coroner’s office from the Police Jury. His annual budget requests for the last two years he served reflected anticipated expenses, excluding many of the expenses personally assumed by him, totaling approximately $42,-500. Yet, the Police Jury budgeted only $20,900 for the operations of the Coroner’s office. This amount included all fees which the Police Jury expected Dr. Manuel to charge for his services, including the sums he paid directly to the deputy coroner and the part-time secretary.2 Despite his persistent pleas, the Police Jury “in so many words” repeatedly responded “we can’t afford to give you anything additional, Dr. Manuel.”

In 1995 the Police Jury and Dr. Manuel spearheaded a move to place on the ballot a tax proposition specifically earmarked to alleviate the financial burden placed on the Parish Coroner. This tax measure was resoundingly defeated by the Parish electors.

|5B. The Burden Shouldered By Other Coroners

The financial woes experienced by Dr. Manuel as he struggled to perform his duties as the parish coroner, though individually challenging, were not isolated occurrences. Many physicians who serve as coroners, especially in the State’s rural parishes, found themselves similarly burdened by the increasing duties legislatively assigned them over the years and the economic demands placed on them to pay rising operating expenses from personal resources.

Dr. Mark Dawson, sharing his thirteen year experiences as coroner of Acadia Parish, testified “the lack of funding ... has put a very dangerous strain on the entire office and the District Attorney’s office and ... law enforcement in [the parish].” Like St. Landry Parish, Acadia Parish Police Jury does not provide office space for the Coroner’s operations and it does not maintain a morgue with a forensic pathologist on staff to perform autopsies. Dr. Dawson has been forced to contract outside the.parish with Dr. Welke to perform this necessary service. Often, however, the Police Jury “just don’t pay” the autopsy charges invoiced by Dr. Welke. Dr. Dawson employs two deputy coroners, both of whom do not possess medical licenses, to assist him; and he pays each $800 monthly for their services. Like Dr. Manuel, Dr. Dawson uses his private office to conduct the operations of the Coroner’s office. He does not receive any funds for a telephone, postage, copying, gasoline, fax machine, filing cabinets, computers, printers, utilities, rent, or insurance premiums. He foots the entire salary paid his secretary who also works for the Coroner’s office. The Coroner’s office is expected to remain open seven days a week, 24 hours a day. Yet, the Jury has not provided Dr. Dawson any funds to employ a deputy coroner licensed to practice medicine. As a result, Dr.

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Related

Perron v. Evangeline Parish Police Jury
780 So. 2d 515 (Louisiana Court of Appeal, 2001)
Pavich v. St. Landry Parish Police Jury
780 So. 2d 608 (Louisiana Court of Appeal, 2001)

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Bluebook (online)
693 So. 2d 1201, 96 La.App. 3 Cir. 0641, 1997 La. App. LEXIS 934, 1997 WL 164146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carriere-v-st-landry-parish-police-jury-lactapp-1997.