Colwell v. State, Office of Atty. Gen.

506 So. 2d 941
CourtLouisiana Court of Appeal
DecidedApril 14, 1987
DocketCA 86 0041
StatusPublished
Cited by18 cases

This text of 506 So. 2d 941 (Colwell v. State, Office of Atty. Gen.) 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
Colwell v. State, Office of Atty. Gen., 506 So. 2d 941 (La. Ct. App. 1987).

Opinion

506 So.2d 941 (1987)

Cecil N. COLWELL, et al.
v.
STATE of Louisiana, Through the OFFICE OF the ATTORNEY GENERAL OF LOUISIANA, DEPARTMENT OF JUSTICE, et al.

No. CA 86 0041.

Court of Appeal of Louisiana, First Circuit.

April 14, 1987.
Writ Denied June 19, 1987.

*942 John E. Morton, Alexandria, for plaintiffs-appellants.

William C. Toadvin, Baton Rouge, for defendants-appellees.

Before LOTTINGER, EDWARDS, SHORTESS, CARTER and ALFORD, JJ.

LOTTINGER, Judge.

This is an action for a declaratory judgment by Cecil N. Colwell, Jo Ann Buckner Colwell, and other similarly situated individuals for declaration of their rights as peace officers under La.R.S. 28:430-433,[1] as against the State of Louisiana and others (State).[2] From a judgment in favor of the defendants, plaintiffs have appealed.

FACTS

The plaintiffs filed this action for declaratory judgment in July, 1983. Plaintiffs are administrators and peace officers of Louisiana's residential facilities for the mentally retarded, under the Department of Health and Human Resources, and their *943 spouses. While the employees are members of the Louisiana State Employees' Retirement System, the spouses are not members. Plaintiffs are not duly commissioned officers of the Louisiana State Police and were denied membership to its retirement system.

Plaintiffs sought a declaration of their rights under La.R.S. 28:428, et seq., as to all the benefits and protections of a peace officer. They desire not only retirement benefits provided to the state's law enforcement officers, but also a declaratory judgment for the appropriate access to those other benefits for such personnel.

Defendants argue that La.R.S. 28:432 only designated the plaintiffs as peace officers for those benefits under La.R.S. 33:2201, et seq. The State contends that plaintiffs are state employees and not entitled to benefits from the State Police retirement for two reasons. The first is that plaintiff did not meet the requirements of its membership, and second, that plaintiffs did not have credit from a previous participation in a retirement system.

TRIAL COURT

The trial court, in written reasons for judgment, denied plaintiffs both the access to and benefits sought by them.

The trial court found plaintiffs did not qualify for benefits under La.R.S. 17:1681.1, free college education to the offspring of law enforcement personnel killed or permanently disabled in performance of their duties. Also, the plaintiffs were precluded from those benefits under La.R.S. 33:2236, involving parish and municipal pension and relief funds, because the statute's purpose was to compensate municipal police officers and deputy sheriffs. The trial court also determined that since plaintiffs were state employees they failed to meet the membership requirements to derive benefits under the Louisiana State Police Retirement System.

The court relied upon Groves v. Board of Trustees of the Teachers' Retirement System of Louisiana, 324 So.2d 587 (La.App. 1st Cir.1975), writ ref., 326 So.2d 378 (La. 1976), to vitiate plaintiffs' contention that one need not be a member of the State Police Retirement System to be entitled to its benefits. The trial court read this court's ruling in Groves as a recognition of the legislature's enactment to grant "free service credit" (emphasis by the trial court) to the plaintiff in that matter. The trial court did not find such a grant in the language of La.R.S. 28:433. For the plaintiffs to receive a system's benefits, the trial court held that membership and accompanying service credits must be either granted free by the Legislature, purchased when authorized by law, or earned through contribution. The plaintiffs did not meet any of those methods. Thus, plaintiffs were precluded from the State Police Retirement System's benefits.

ASSIGNMENT OF ERRORS

In appealing, plaintiffs contend the trial court erred in: (1) ruling that membership and its accrual of service credits are essential to receive the benefits of a particular retirement system, whether granted free by legislative edict, purchased when authorized by law, or earned through contribution; (2) its interpretation of La.R.S. 28:431-33; (3) ignoring uncontradicted facts as to the intent of La.R.S. 28:431-33; and (4) failing to address plaintiff's alternative claims under La.R.S. 42:571(D).

I

In cases involving statutory interpretation well established rules as well as Louisiana's Civil Code dictate that "[w]hen a law is clear and free from all ambiguity, the letter of it is not to be disregarded, under the pretext of pursuing its spirit," La.Civ.Code art. 13; that "words of a law are generally to be understood in their most usual signification, without attending so much to the niceties of grammar rules as to the general and popular use of the words," La.Civ.Code art. 14; that "[t]erms of art or technical terms and phrases, are to be interpreted according to their received meaning and acceptation with the learned in the art, trade, or profession to which they refer," La.Civ.Code art. 15; *944 that "[w]here the words of a law are dubious, their meaning may be sought by examining the context with which the ambiguous words, phrases and sentences may be compared, in order to ascertain their true meaning," La.Civ.Code art. 16; that "[l]aws in pari materia, or upon the same subject matter, must be construed with a reference to each other; what is clear in one statute may be called in aid to explain what is doubtful in another," La.Civ.Code art. 17; that "[t]he universal and most effectual way of discovering the true meaning of a law, when its expressions are dubious, is by considering the reason and spirit of it, or the cause which induced the Legislature to enact it," La.Civ.Code art. 18; that the paramount consideration is the ascertainment of the legislative intent; that the legislature is presumed to have enacted the statute with deliberation and with full knowledge of all existing constitutional provisions and laws on the same subject; and that if it is possible to do so, every part of a statute must be given effect, for the legislature is not presumed to insert superfluous, useless and meaningless words, sentences, phrases, or clauses in its enactments.

II

La.R.S. 28:432 establishes that "facility administrators of state residential facilities, the acting and assistant facility administrators, and those employees of these facilities whom the facility administrator deputizes, shall be peace officers...." (emphasis added). Thus, by legislative decree, the plaintiff-employees are peace officers.

III

The section which caused the institution of this suit is La.R.S. 28:433 which provides:

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Bluebook (online)
506 So. 2d 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colwell-v-state-office-of-atty-gen-lactapp-1987.