City of Shreveport v. Shreveport Mun. Fire & Police Civil Serv. Bd.

256 So. 3d 478
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2018
DocketNo. 52,304-CA
StatusPublished
Cited by2 cases

This text of 256 So. 3d 478 (City of Shreveport v. Shreveport Mun. Fire & Police Civil Serv. Bd.) 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
City of Shreveport v. Shreveport Mun. Fire & Police Civil Serv. Bd., 256 So. 3d 478 (La. Ct. App. 2018).

Opinion

McCALLUM, J.

The City of Shreveport ("City") appeals a district court judgment affirming the decision by the Shreveport Municipal Fire and Police Civil Service Board ("Board") to indemnify one of its members for the attorney fees that he incurred while defending a lawsuit filed by the City against him.

We affirm the district court judgment.

FACTS

Michael Carter is a member of the Board as well as the President of the Shreveport Police Officers Association. On September 14, 2015, Carter served public records requests upon the City. He subsequently filed a petition for a writ of mandamus, damages, and attorney fees against the City and the Shreveport Police Chief and City Attorney, in their individual and official capacities. Carter was also a plaintiff in a lawsuit filed in federal court against the City.

On November 5, 2015, the City filed suit against Carter seeking to enjoin him from participating in Board meetings and serving *480on the Board on the grounds that his lawsuits against the City presented a conflict of interest. In response, Carter filed a motion for summary judgment and an exception of no cause of action. He also requested sanctions against the City in the form of attorney fees.

A hearing on the pending matters was held before Judge Craig Marcotte on September 12, 2016. The trial court granted summary judgment in favor of Carter and dismissed the injunction suit because that lawsuit became moot when the public records lawsuit was dismissed. Attorney fees were awarded to Carter in his public records lawsuit, but his request for sanctions in the City's lawsuit was denied. The City was taxed with costs in both suits.

On September 14, 2016, Carter wrote to the Board asking that it indemnify him for his attorney fees in the City's lawsuit. Attached to his letter was a copy of Shreveport Ordinance Section 2-106 ("Ordinance"). The Board considered the matter at its October 12, 2016, meeting. Carter related to the Board that his attorney had been served with the City's lawsuit on November 10, 2015, which was approximately two months after he was sworn in as a member of the Board. He contended that the purpose of the City's lawsuit was to prevent him from serving on the Board. He added that the Board's attorney at the time had told him that she could not represent him in the lawsuit due to a conflict of interest. A billing summary from Carter's attorney was submitted at the meeting. She asserted that she had worked 55 hours at a rate of $175 per hour, making the total attorney fees $9,625.

A representative from the City present at the Board hearing argued that Carter had not been sued in his official capacity, and that if Carter wanted attorney fees, he should have asked for them in the trial court. The Board, which did not find the City's arguments to be persuasive, voted for Carter to be indemnified for $9,625 in attorney fees and $524 in court costs.

The City appealed the Board's decision to the district court. Judge Ramon Lafitte affirmed the award of $9,625 in attorney fees, but reversed the award of $524 for costs because the City had paid that after the Board hearing.

The City now appeals the district court's ruling. The City argues that (1) the Board lacked the jurisdiction to consider the request for attorney fees; (2) the provisions of the Ordinance were not met; and (3) the amount of attorney fees was not supported because the relevant factors concerning attorney fees were not considered.

DISCUSSION

Board's Jurisdiction

The City contends that the Board's authority to award attorney fees is limited to La. R.S. 33:2501.1, and, accordingly, the Board lacked the jurisdiction to reimburse Carter for his attorney fees. We disagree.

Questions of law, such as the proper interpretation of a statute, are reviewed by this court under the de novo standard of review. Louisiana Municipal Ass'n v. State , 2004-0227 (La. 1/19/05), 893 So.2d 809 ; Gannett River States Publ'g Corp. v. Monroe City School Bd. , 44,231 (La. App. 2 Cir. 4/8/09), 8 So.3d 833, writ denied , 2009-1029 (La. 6/19/09), 10 So.3d 745.

When interpreting statutes, we are guided as stated by the Louisiana Supreme Court in M.J. Farms, Ltd. v. Exxon Mobil Corp. , 2007-2371, pp. 13-14 (La. 7/1/08), 998 So.2d 16, 27 :

The starting point in the interpretation of any statute is the language of the statute itself. "When a law is clear and unambiguous and its application does not lead to absurd consequences, the law *481shall be applied as written and no further interpretation may be made in search of the intent of the legislature." However, "when the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law." Moreover, "when the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole."
It is also well established that the Legislature is presumed to enact each statute with deliberation and with full knowledge of all existing laws on the same subject. Thus, legislative language will be interpreted on the assumption the Legislature was aware of existing statutes, well established principles of statutory construction and with knowledge of the effect of their acts and a purpose in view. It is equally well settled under our rules of statutory construction, where it is possible, courts have a duty in the interpretation of a statute to adopt a construction which harmonizes and reconciles it with other provisions dealing with the same subject matter.

Citations omitted.

The laws for Fire and Police Civil Service Boards in municipalities with populations between 13,000 and 250,000, such as Shreveport, are found in Part II of Chapter 5 of Title 33, La. R.S. 33:2471 through 33:2508. The membership of the Board is provided for in La. R.S. 33:2476.1, which states that the Board is to be composed of seven members, with two of the members elected and appointed from the Shreveport Police Department. Carter was one of those members.

La. R.S. 33:2477 sets forth the duties of the Board. It states that the Board shall:

(1) Represent the public interest in matters of personnel administration in the fire and police services of the said municipal government.
(2) Advise and assist the governing body, mayor, commissioner of public safety, and the chiefs of the fire and police departments of the municipality, with reference to the maintenance and improvement of personnel standards and administration in the fire and police services, and the classified system.

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Related

City of Shreveport v. Shreveport Mun. Fire & Police Civil Serv. Bd.
264 So. 3d 643 (Louisiana Court of Appeal, 2019)

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Bluebook (online)
256 So. 3d 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-shreveport-v-shreveport-mun-fire-police-civil-serv-bd-lactapp-2018.