STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
04-1620
ALEXANDRIA CIVIL SERVICE COMMISSION
VERSUS
THE HONORABLE EDWARD G. RANDOLPH, ET AL.
************
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 213,980 CONSOLIDATED WITH NO. 214,680 HONORABLE HARRY F. RANDOW, DISTRICT JUDGE
JAMES T. GENOVESE JUDGE
Court composed of Chief Judge Ulysses Gene Thibodeaux, J. David Painter, and James T. Genovese, Judges.
AFFIRMED.
Howard N. Nugent, Jr. P.O. Box 1309 Alexandria, Louisiana 71309 COUNSEL FOR PLAINTIFF/APPELLANT: Alexandria Civil Service Commission
Barry R. Laiche Jeremy C. Cedars P.O. Drawer 1791 Alexandria, Louisiana 71309-1791 COUNSEL FOR DEFENDANTS/APPELLEES: The Honorable Edward G. Randolph, Jr., Mayor of the City of Alexandria, and The City of Alexandria Angie Rogers Laplace, AAG P.O. Box 94005 Baton Rouge, Louisiana 70804 COUNSEL FOR DEFENDANT/APPELLEE: State of Louisiana
Daniel E. Broussard, Jr. P.O. Box 1311 Alexandria, Louisiana 71309 COUNSEL FOR INTERVENOR/APPELLEE: Local 1848 of American Federation of State, County and Municipal Employees, AFL-CIO
John W. Scott P.O. Box 171 Alexandria, Louisiana 71309 AMICUS CURIAE ON BEHALF OF: Louisiana Civil Service League GENOVESE, JUDGE.
This matter arises out of action taken by Edward G. Randolph, Mayor of the
City of Alexandria, in proposing Ordinance No. 247-2003 which created two
departments within the Division of Personnel and Civil Service. The actions of the
Mayor and the City of Alexandria were taken in accordance with Act 390 of the 2001
Legislative Session (“Act 390”) and Sections 4-01 and 4-11 of the Home Rule
Charter of the City of Alexandria. The Alexandria Civil Service Commission appeals
the trial court’s judgment in favor of the Mayor and City of Alexandria finding 2001
La. Acts No. 390 and Ordinance No. 247-2003 to be constitutional.
FACTS
In 1977 the City of Alexandria adopted a Home Rule Charter. In 2003, Mayor
Edward G. Randolph (“Mayor”) proposed Ordinance No. 247-2003 to reorganize his
administration by creating two departments within the Division of Personnel and
Civil Service in accordance with 2001 La. Acts No. 390 and Sections 4-01 and 4-11
of the Home Rule Charter. The Alexandria Civil Service Commission
(“Commission”) objected to the proposed ordinance. A public hearing on the
ordinance was held on August 5, 2003.
Prior to the August 2003 public hearing, the Civil Service Commission held a
hearing of its own on July 29, 2003, and issued an order ordering the clerk of the
Alexandria City Counsel to return the proposed ordinance to the Mayor, and further
ordering the Mayor to present his proposed plan to amend the Home Rule Charter to
the majority of the electors. In response thereto, on July 30, 2003, Mayor Randolph
filed suit individually and on behalf of the City of Alexandria against the Civil
Service Commission and obtained a temporary restraining order against the
Commission.
1 Following the August 5, 2003 public hearing, the city counsel passed the
ordinance. The Alexandria Civil Service Commission then filed suit against Mayor
Randolph, the City of Alexandria and the State of Louisiana seeking to have 2001 La.
Acts No. 390 and Ordinance No. 247-2003 declared unconstitutional. Local Union
No. 1848 of the American Federation of State, County, and Municipal Employees,
AFL-CIO, intervened.
The lawsuit initiated by the Mayor and City of Alexandria was consolidated
with the lawsuit brought by the Civil Service Commission. Following trial on
February 26, 2004, the trial court opined that the Civil Service Commission had failed
to prove the unconstitutionality of 2001 La. Acts No. 390 and Ordinance No. 247-
2003 by clear and convincing evidence. It is from this judgment that Plaintiff,
Alexandria Civil Service Commission, appeals. For the following reasons, we affirm.
ISSUES
The following issues are presented on appeal:
1. Whether the temporary restraining order should have been issued.
2. Whether the adverse presumption, i.e. the failure of the Mayor to testify, applies.
3. Whether changes to the Alexandria Home Rule Charter must be presented to the voters.
4. Whether the legislature has the authority (by legislative act) to alter the structure or organization of the City of Alexandria operating under its home rule charter.
LAW AND DISCUSSION
Temporary Restraining Order
The Civil Service Commission contends that the trial court erred in its issuance
of a temporary restraining order. However, this issue cannot be reviewed on appeal.
Louisiana Code of Civil Procedure Article 3612 states in pertinent part as
2 follows:
A. There shall be no appeal from an order relating to a temporary restraining order.
See Lafayette City-Parish Consol. Government v. Lafayette Mun. Fire & Police Civil
Service Bd., 01-1460 (La.App. 3 Cir. 5/8/02), 816 So.2d 977, writ denied, 02-1565
(La. 9/30/02), 825 So.2d 1194; Vienna Bend Subdivision Homeowners Assoc. v.
Manning, 459 So.2d 1345 (La.App. 3 Cir. 1984).
Because there is no appeal from an order relating to a temporary restraining
order, this court will not consider any issues related thereto.
Adverse Presumption
The Civil Service Commission argues that Mayor Randolph’s failure to testify
created an adverse presumption that his testimony would not have been favorable to
the City of Alexandria. This adverse presumption is well recognized in our law.
However, “[s]uch a presumption arises only where (1) the party has the burden of
proof and (2) the party has some control over or close relationship to the witness.”
Wolfe v. Employers Commercial Union Ins. Co., 272 So.2d 714, 715 (La. App. 3 Cir.
1973). Presumptions affect the burden of proof. But, in this case, it is the
Commission that has the burden of proving by clear and convincing evidence the
unconstitutionality of the act and ordinance, not the Mayor/City of Alexandria.
Therefore, the failure to give the presumption is a non-issue since neither the Mayor,
nor the City of Alexandria, has the burden of proof in this case.
Presentation of Changes to Home Rule Charter to Electors
The next issue raised by the Civil Service Commission is whether the changes
to the Alexandria Home Rule Charter must be presented to the electors (voters) of the
City of Alexandria. This issue is addressed and resolved in this court’s ruling on the
constitutionality, vel non, of the act and ordinance set forth below.
3 Constitutionality of 2001 La. Acts No. 390 and City Ordinance No. 247-2003
Louisiana Constitution Articles VI and X
The Civil Service Commission asserts that 2001 La. Acts No. 390 and City
Ordinance No. 247-2003, which the Mayor and City of Alexandria relied upon to
make changes to the Home Rule Charter, are unconstitutional being in violation of
La.Const. art. VI, § § 5 and 6. Local Union No. 1848 also contends that the act and
ordinance are unconstitutional.
An ordinance and a legislative act are presumed to be constitutional. Theriot
v. Terrebonne Parish Police Jury, 436 So.2d 515 (La.1983). The party attacking the
constitutionality of a statute or ordinance has the burden of proving that the statute
or ordinance is unconstitutional. City of Lafayette v. Butcher Air Conditioning Co.
Inc., 392 So.2d 757 (La.App. 3 Cir. 1980). It is well settled that the burden of
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
04-1620
ALEXANDRIA CIVIL SERVICE COMMISSION
VERSUS
THE HONORABLE EDWARD G. RANDOLPH, ET AL.
************
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 213,980 CONSOLIDATED WITH NO. 214,680 HONORABLE HARRY F. RANDOW, DISTRICT JUDGE
JAMES T. GENOVESE JUDGE
Court composed of Chief Judge Ulysses Gene Thibodeaux, J. David Painter, and James T. Genovese, Judges.
AFFIRMED.
Howard N. Nugent, Jr. P.O. Box 1309 Alexandria, Louisiana 71309 COUNSEL FOR PLAINTIFF/APPELLANT: Alexandria Civil Service Commission
Barry R. Laiche Jeremy C. Cedars P.O. Drawer 1791 Alexandria, Louisiana 71309-1791 COUNSEL FOR DEFENDANTS/APPELLEES: The Honorable Edward G. Randolph, Jr., Mayor of the City of Alexandria, and The City of Alexandria Angie Rogers Laplace, AAG P.O. Box 94005 Baton Rouge, Louisiana 70804 COUNSEL FOR DEFENDANT/APPELLEE: State of Louisiana
Daniel E. Broussard, Jr. P.O. Box 1311 Alexandria, Louisiana 71309 COUNSEL FOR INTERVENOR/APPELLEE: Local 1848 of American Federation of State, County and Municipal Employees, AFL-CIO
John W. Scott P.O. Box 171 Alexandria, Louisiana 71309 AMICUS CURIAE ON BEHALF OF: Louisiana Civil Service League GENOVESE, JUDGE.
This matter arises out of action taken by Edward G. Randolph, Mayor of the
City of Alexandria, in proposing Ordinance No. 247-2003 which created two
departments within the Division of Personnel and Civil Service. The actions of the
Mayor and the City of Alexandria were taken in accordance with Act 390 of the 2001
Legislative Session (“Act 390”) and Sections 4-01 and 4-11 of the Home Rule
Charter of the City of Alexandria. The Alexandria Civil Service Commission appeals
the trial court’s judgment in favor of the Mayor and City of Alexandria finding 2001
La. Acts No. 390 and Ordinance No. 247-2003 to be constitutional.
FACTS
In 1977 the City of Alexandria adopted a Home Rule Charter. In 2003, Mayor
Edward G. Randolph (“Mayor”) proposed Ordinance No. 247-2003 to reorganize his
administration by creating two departments within the Division of Personnel and
Civil Service in accordance with 2001 La. Acts No. 390 and Sections 4-01 and 4-11
of the Home Rule Charter. The Alexandria Civil Service Commission
(“Commission”) objected to the proposed ordinance. A public hearing on the
ordinance was held on August 5, 2003.
Prior to the August 2003 public hearing, the Civil Service Commission held a
hearing of its own on July 29, 2003, and issued an order ordering the clerk of the
Alexandria City Counsel to return the proposed ordinance to the Mayor, and further
ordering the Mayor to present his proposed plan to amend the Home Rule Charter to
the majority of the electors. In response thereto, on July 30, 2003, Mayor Randolph
filed suit individually and on behalf of the City of Alexandria against the Civil
Service Commission and obtained a temporary restraining order against the
Commission.
1 Following the August 5, 2003 public hearing, the city counsel passed the
ordinance. The Alexandria Civil Service Commission then filed suit against Mayor
Randolph, the City of Alexandria and the State of Louisiana seeking to have 2001 La.
Acts No. 390 and Ordinance No. 247-2003 declared unconstitutional. Local Union
No. 1848 of the American Federation of State, County, and Municipal Employees,
AFL-CIO, intervened.
The lawsuit initiated by the Mayor and City of Alexandria was consolidated
with the lawsuit brought by the Civil Service Commission. Following trial on
February 26, 2004, the trial court opined that the Civil Service Commission had failed
to prove the unconstitutionality of 2001 La. Acts No. 390 and Ordinance No. 247-
2003 by clear and convincing evidence. It is from this judgment that Plaintiff,
Alexandria Civil Service Commission, appeals. For the following reasons, we affirm.
ISSUES
The following issues are presented on appeal:
1. Whether the temporary restraining order should have been issued.
2. Whether the adverse presumption, i.e. the failure of the Mayor to testify, applies.
3. Whether changes to the Alexandria Home Rule Charter must be presented to the voters.
4. Whether the legislature has the authority (by legislative act) to alter the structure or organization of the City of Alexandria operating under its home rule charter.
LAW AND DISCUSSION
Temporary Restraining Order
The Civil Service Commission contends that the trial court erred in its issuance
of a temporary restraining order. However, this issue cannot be reviewed on appeal.
Louisiana Code of Civil Procedure Article 3612 states in pertinent part as
2 follows:
A. There shall be no appeal from an order relating to a temporary restraining order.
See Lafayette City-Parish Consol. Government v. Lafayette Mun. Fire & Police Civil
Service Bd., 01-1460 (La.App. 3 Cir. 5/8/02), 816 So.2d 977, writ denied, 02-1565
(La. 9/30/02), 825 So.2d 1194; Vienna Bend Subdivision Homeowners Assoc. v.
Manning, 459 So.2d 1345 (La.App. 3 Cir. 1984).
Because there is no appeal from an order relating to a temporary restraining
order, this court will not consider any issues related thereto.
Adverse Presumption
The Civil Service Commission argues that Mayor Randolph’s failure to testify
created an adverse presumption that his testimony would not have been favorable to
the City of Alexandria. This adverse presumption is well recognized in our law.
However, “[s]uch a presumption arises only where (1) the party has the burden of
proof and (2) the party has some control over or close relationship to the witness.”
Wolfe v. Employers Commercial Union Ins. Co., 272 So.2d 714, 715 (La. App. 3 Cir.
1973). Presumptions affect the burden of proof. But, in this case, it is the
Commission that has the burden of proving by clear and convincing evidence the
unconstitutionality of the act and ordinance, not the Mayor/City of Alexandria.
Therefore, the failure to give the presumption is a non-issue since neither the Mayor,
nor the City of Alexandria, has the burden of proof in this case.
Presentation of Changes to Home Rule Charter to Electors
The next issue raised by the Civil Service Commission is whether the changes
to the Alexandria Home Rule Charter must be presented to the electors (voters) of the
City of Alexandria. This issue is addressed and resolved in this court’s ruling on the
constitutionality, vel non, of the act and ordinance set forth below.
3 Constitutionality of 2001 La. Acts No. 390 and City Ordinance No. 247-2003
Louisiana Constitution Articles VI and X
The Civil Service Commission asserts that 2001 La. Acts No. 390 and City
Ordinance No. 247-2003, which the Mayor and City of Alexandria relied upon to
make changes to the Home Rule Charter, are unconstitutional being in violation of
La.Const. art. VI, § § 5 and 6. Local Union No. 1848 also contends that the act and
ordinance are unconstitutional.
An ordinance and a legislative act are presumed to be constitutional. Theriot
v. Terrebonne Parish Police Jury, 436 So.2d 515 (La.1983). The party attacking the
constitutionality of a statute or ordinance has the burden of proving that the statute
or ordinance is unconstitutional. City of Lafayette v. Butcher Air Conditioning Co.
Inc., 392 So.2d 757 (La.App. 3 Cir. 1980). It is well settled that the burden of
proving the unconstitutionality of an act or ordinance is by clear and convincing
evidence. Theriot, 436 So.2d 515; Bolzoni v. Theriot, 95-1233 (La.App. 3 Cir.
3/6/96), 670 So.2d 783, writ denied, 96-0718 (La. 4/26/96), 672 So.2d 908; West
Central Louisiana Entertainment, Inc. v. City of Leesville, 594 So.2d 973 (La.App.
3 Cir. 1992). Municipal acts are to be interpreted to sustain validity if susceptible to
reasonable interpretation having legal effect. Gurst v. City of Natchitoches, 428
So.2d 502 (La.App. 3 Cir. 1983).
In reviewing the issue of constitutionality, it is necessary to consider both the
historical background of the relevant law as well as the current express provisions.
The Alexandria Civil Service Commission was originally created by 1954 La. Acts
No. 487. Act 487 was later amended by 1962 La. Acts No. 120, and by 1964 La. Acts
No. 396. In 1974, La.Const. art. VI, §§ 5 and 6 was adopted which provided for a
structure of home rule charters for local governments. It was against this backdrop
4 that in 1977, with the intention of preserving the civil service system, the Home Rule
Charter for the City of Alexandria was approved by its electorate.
The Alexandria Home Rule Charter, § 4-08, contains the following provision:
(B) The classified civil service system for the City of Alexandria heretofore established by Act 487 of 1954 as amended by Act 120 of 1962, Act 396 of 1964 and as may be amended by the legislature in the future, is hereby incorporated in this charter and shall continue in full force and effect and be carried out and regulated in accordance with the provisions of said statute, except as may be inconsistent with the provisions of this charter, in which case the charter shall prevail.
Thus, the express language of the Alexandria Home Rule Charter reveals two
facts: (1) at adoption, it was recognized that Act 487, which created the civil service
commission, had been amended by the legislature on two prior occasions; and (2) the
charter anticipated the possibility of future changes to be made and specifically
designated the legislature as the proper body to amend Act 487. The charter’s only
limitation on legislative changes is that any change not be inconsistent with the
charter. However, in the event any change is inconsistent with the charter, then the
provisions of the charter are to prevail. This express language, which acknowledged
historical amendments, anticipated future amendments, addressed potential conflicts,
and provided a ranking of authority in the event of conflict, was present when the
Home Rule Charter was approved by the voters.
The Civil Service Commission contends that the proposed change in the Home
Rule Charter by the Mayor and the City of Alexandria was in violation of La.Const.
art. VI, § § 5 and 6, and the Alexandria Home Rule Charter. The Commission further
contends that 2001 La. Acts No. 390, which enabled these changes to be made
without voter approval, was therefore unconstitutional.
5 Louisiana Constitution Article VI, § 5 provides in part as follows:
(C) Adoption; Amendment; Repeal. A home rule charter shall be adopted, amended, or repealed when approved by a majority of the electors voting thereon at an election held for that purpose.
....
(E) Structure and Organization; Powers; Functions. A home rule charter adopted under this Section shall provide the structure and organization, powers, and functions of the government of the local governmental subdivision, which may include the exercise of any power and performance of any function necessary, requisite, or proper for the management of its affairs, not denied by general law or inconsistent with this condition.
Louisiana Constitution Article VI, § 6 states:
§ 6. Home Rule Charter or Plan of Government; Action by Legislature Prohibited
Section 6. The legislature shall enact no law the effect of which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of any local governmental subdivision which operates under a home rule charter.
The above constitutional provisions prohibit legislative actions which interfere with
local governmental subdivisions operating under a home rule charter. However, the
constitution does not, as the Civil Service Commission suggests, result in an absolute
prohibition from any actions being taken.
A constitutional provision not raised by the Civil Service Commission which
contradicts its theory of a blanket prohibition is La.Const. art. X, § 15, which
specifically authorizes the Louisiana Legislature to enact laws that affect a civil
service system. La.Const. art. X, § 15, provides the following:
§ 15. City, Parish Civil Service System; Creation; Prohibition
Section 15. Nothing in this Part [Article 10 of the Louisiana Constitution] shall prevent . . . the establishment by the legislature or by the respective municipal governing authority of a municipal civil service system in one or more municipalities having a population of less than
6 four hundred thousand, in any manner now or hereafter provided by law.
To the extent that Article X, § 15, may conflict with Article VI, § 6 of the Louisiana
Constitution, Article X is a more specific provision addressing municipal civil
service. As such, in the event of a conflict, La.Const. art. X prevails.
The relevant articles of the Louisiana Constitution do not mandate an absolute
prohibition of legislative authority concerning civil service systems. This reading
is consistent with the express language of Section 4-08 of the Alexandria Home Rule
Charter cited above which specifically allows the Louisiana Legislature to amend
1954 La. Acts No. 487. Thus, by enacting 2001 La. Acts No. 390, the legislature was
exercising the authority expressly vested in it by the Home Rule Charter.
Changes in the structure and powers and functions of a governmental
subdivision operating under a home rule charter
Alexandria Home Rule Charter Sections 4-01, 4-08 and 4-11
The Civil Service Commission strongly argues that the result of Ordinance No.
247-2003 is that it affects the structure and organization of the Alexandria Home Rule
Charter and thereby changes the distribution of home rule powers and functions in
violation of La.Const. art. VI, § 6, discussed above. The Commission further
contends that Ordinance No. 247-2003 is an unauthorized reorganization of the
personnel and human resource administration contrary to Section 4-11(A) of the
Alexandria Home Rule Charter. We do not agree.
Section 4.11 of the Alexandria City Charter sets forth certain powers of the
Mayor as follows:
(A) The Mayor shall have the right as chief executive officer to propose to the city council the creation, change, alteration, combination or abolition of city departments, offices or agencies, including those provided by the Charter.
Ordinance No. 247-2003 contains the following provision:
7 WHERE AS, it is believed that these ends may be accomplished by an administrative reorganization that abolishes the current position of Director of Personnel/Civil Service, and creates two (2) separate departments within the Division of Personnel and Civil Service, namely the Department of Human Resources and the Department of Civil Service;
Ordinance No. 247-2003 also provided for the creation of a Director of
Personnel and Human Resources to be the head of the Division of Personnel and
Civil Service. Further, the ordinance specifically provided that the Department of
Civil Service shall be headed by the Director of the Alexandria Civil Service
Commission, who is not a division head, as provided in Act 390. The Civil Service
Commission argues that the director of the Alexandria Civil Service Commission
must also be the director of the Personnel and Civil Services; otherwise, a
consequence of the ordinance would be a demotion of the Director of the Division of
Personnel and Civil Service without a justified cause. We disagree.
Section 4-01 and Section 4-08 of the Alexandria Home Rule Charter place the
Division of Personnel within the executive branch of the government of the City of
Alexandria. The provisions governing the Personnel Division are contained within
Section 4-08 of the charter which states in part:
(A) There shall be a division of personnel and civil service headed by a director of personnel.
(B) The classified civil service system for the City of Alexandria heretofore established by Act 487 of 1954 as amended by Act 120 of 1962, Act 396 of 1964, and as may be amended by the legislature in the future, is hereby incorporated in this charter and shall continue in full force and effect and be carried out and regulated in accordance with the provisions of said statutes, except as may be inconsistent with the provisions of this charter, in which case the charter shall prevail.
(C) Only the following positions shall not be in the classified personnel system of the city:
8 (1) The mayor’s secretary and any assistant to the mayor;
(2) The City Clerk and the secretary to the city clerk;
(3) The city attorney and any assistant city attorneys;
(4) Directors of divisions created in accordance with the provisions of this charter and one secretary for each said director.
Clearly, under the express provisions of the Home Rule Charter, Article 4-08(C)(4),
the head of a Division cannot be a classified employee.
Section 4-01 of the Home Rule Charter generally provides that all divisions,
departments, offices, and agencies shall be under the direction and supervision of the
mayor. Act 487, as amended, did provide that the Director of the Personnel to the
Civil Service Commission be shall be appointed by the Commission. Thus, the Civil
Service Commission is correct in arguing that its director is a member of the
classified system. However, this does not lead to the conclusion asserted by the Civil
Service Commission that the Director of the Commission is also the Director of the
Division of Personnel and Civil Service. The Director of the Division of Personnel
and Civil Service is not exempt for the provisions of Section 4-08(C)(4). Therefore,
the Director of the Alexandria Civil Service Commission cannot legally be the current
Director of the Division of Personnel and Civil Service.
The Civil Service Commission asserts that the ordinance is invalid because it
abolishes the Director of Personnel which they contend is a position provided for in
the charter that cannot be abolished. However, the ordinance does not conflict with
the Home Rule Charter in this manner and the criticism of Ordinance No. 247-2003
is without merit.
The Alexandria Home Rule Charter, Section 4-08(A) states, “[t]here shall be
a division of personnel and civil service headed by a director of personnel.” The only
9 requirement of this section is that the Division of Personnel and Civil Service be
headed by a Director of Personnel. Although the Commission takes issue with the
abolishment of the Director of Personnel/Civil Service, the ordinance replaces this
office with a Director of Personnel and Human Resources. This new director
complies with Section 4-08 of the Home Rule Charter and the ordinance places a
Director of Personnel in charge of the Division of Personnel and Civil Service.
Additionally, the new director is also not a classified employee in accordance with
Section 4-08(C)(4) of the Home Rule Charter which states that Division heads are not
members of the classified civil service system.
The Alexandria Civil Service Commission and Local No. 1848 also argue that
the Home Rule Charter has been changed by 2001 La. Acts No. 390 and Ordinance
No. 247-2003. However, we find that there has been no change in the Home Rule
Charter of the City of Alexandria. The effect of Ordinance No. 247-2003 is that the
Mayor, with the approval of the City Counsel, has created two departments within the
Division of Personnel and Civil Service. The Department of Human Resources is
directed and managed by a Director of Personnel and Human Resources. The
Department of Civil Service is directed and managed by the Civil Service
Commission Director. It is well within the authority of the Mayor, granted in Section
4-11 of the Home Rule Charter, to create departments within the divisions of his
administration. The result is that the Division of Personnel and Civil Service is still
headed by a Director of Personnel as required by Section 4-08. The Ordinance simply
improves the organization of the Alexandria City Government and does not encroach
upon the duties and powers of the Alexandria Civil Service Commission.
CONCLUSION
At adoption, the Alexandria Home Rule Charter incorporated the classified
10 civil service system established by 1954 La. Acts No. 487, as amended twice
thereafter, and as may be amended in the future by the legislature. 2001 La. Acts No.
390 is such an amendment. Louisiana Constitution Article VI, while providing
limitations on the legislature’s ability to interfere with a home rule charter, is not an
absolute prohibition. Additionally, in the event of a conflict with Article VI, the
specific provision of La.Const. art. X, which addresses civil service systems, is
controlling. Therefore, 2001 La. Acts No. 390 and Ordinance No. 247-2003 are not
in violation of the Louisiana Constitution nor are they contrary to the provisions of
the home rule charter. The action of the Mayor and City of Alexandria in creating
two departments within the Division of Personnel and Civil Service is a legitimate
exercise of power by the Mayor in carrying out the executive functions of his office
and is not an unconstitutional encroachment on the Alexandria Civil Service
The Alexandria Civil Service Commission failed in its burden of proving, by
clear and convincing evidence, that 2001 La. Acts No. 390 and Ordinance No. 247-
2003 are unconstitutional.
For the foregoing reasons, we affirm the judgment of the trial court in favor of
Edward G. Randolph, Mayor of the City of Alexandria, and the City of Alexandria.
Costs of the appeal are assessed against the Alexandria Civil Service Commission.