Hughes v. Muckelroy

700 So. 2d 995, 1997 WL 600730
CourtLouisiana Court of Appeal
DecidedSeptember 23, 1997
Docket97 CA 0618
StatusPublished
Cited by10 cases

This text of 700 So. 2d 995 (Hughes v. Muckelroy) 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
Hughes v. Muckelroy, 700 So. 2d 995, 1997 WL 600730 (La. Ct. App. 1997).

Opinion

700 So.2d 995 (1997)

Stanley B. HUGHES
v.
Sylvester MUCKELROY, In His Capacity as the Mayor of the City of New Roads; and the City of New Roads.

No. 97 CA 0618.

Court of Appeal of Louisiana, First Circuit.

September 23, 1997.

*996 David C. Vidrine, Baton Rouge, for Plaintiff/Appellee Stanley B. Hughes.

H. Alston Johnson, III, Baton Rouge, John Wayne Jewell, City Attorney, Donald J. Cazayoux, Jr., of counsel, New Roads, for Defendants/Appellants Sylvester Muckelroy, Mayor of the City of New Roads and The City of New Roads.

Before FOIL, WHIPPLE and KUHN, JJ.

KUHN, Judge.

This appeal involves a dispute regarding the terms of an employment contract. Plaintiff-appellee, Stanley B. Hughes, while serving as Chief of Police for the City of New Roads ("the City"), filed suit against defendants-appellants, the City and Sylvester Muckelroy, in his capacity as the Mayor of the City ("the Mayor"). Hughes sought injunctive relief when he learned that the Mayor intended to recommend to the City Council ("the Council") that Hughes' employment *997 with the City be terminated. The trial court issued a permanent injunction enjoining the defendants from terminating Hughes' employment "without sufficient cause through December 31, 1998." The sole issue on appeal is whether the trial court properly granted the injunction; the parties dispute whether Hughes was hired for a specified period of time. We find the trial court erred in granting the injunction and hereby vacate it.

FACTS AND PROCEDURAL BACKGROUND

During the latter part of 1993, Mr. Wiley McCormick was hired by the City to examine the police department, conduct an independent review of its operations, and render a report regarding recommendations for change within the department. McCormick's report advised that a change in leadership would be beneficial to the department. Based upon the report, the Council authorized the Mayor to advertise to attract applicants for the position of chief of police for the city. The selection committee reviewed the resumes of numerous applicants. When the potential candidates were narrowed to four, they were interviewed by the Mayor and Mr. Charlie Bonnette, who served as a councilman and Mayor pro tempore for the City. Ultimately, the Mayor recommended to the Council that Hughes be hired to fill the position.

On February 21, 1994, the Council adopted a resolution approving the Mayor's appointment of Hughes as chief of police. By letter dated February 22, 1994, the Mayor extended an offer of employment to Hughes for "the position of Chief of Police, at a [sic] annual salary of $32,000.00. [sic] plus benefits beginning, March 14, 1994." The letter also included a written acceptance signed by Hughes on February 28, 1994, which stated:

I, Stanley B. Hughes, accept the position of Chief of Police with the City of New Roads at an annual salary of $32,000.00 plus benefits. My official employment date will be March 14, 1994.

Hughes began his employment for the City as scheduled. During December of 1994, Hughes approached Mr. John Wayne Jewell, the City's attorney, and asked him to review and approve a proposed Contract of Employment, which an attorney had prepared for Hughes. The contract specified, in part:

[Hughes] shall serve ... as Chief of Police. The term of service shall be for a period of five (5) years, commencing on March 14, 1994, and shall expire on the 14th day of March, 1999. [Hughes] reserves the right to exercise the option of automatic five year renewal of this contract at his sole discretion.

According to Hughes, he was advised by Jewell that certain revisions would have to be made to the contract before it could be submitted to the Council. Hughes explained that when he initially applied for the position, he had spoken to McCormick, who had advised him the length of service was to be a five year period. Hughes recalled that Jewell pointed out that a five-year term of employment was not feasible because such a term would have extended past the Mayor's term in office by approximately three months. A second draft of the Contract of Employment was prepared, which stated in pertinent part that "the term of the Chief [of police] shall expire at the end of the term of office for the Mayor on the 31st day of December, 1998." Hughes represented that Jewell informed him that the contract should be acceptable and that he would present it to the Mayor.

On March 15, 1995, Hughes signed an acknowledgment form which was distributed to City employees along with employee handbooks. The acknowledgment form contains the following language:

I have entered into my employment relationship with the City of New Roads voluntarily and acknowledge that there is no specified length of employment. Accordingly, either I or the City of New Roads can terminate the relationship at will, with or without cause, at any time.. [sic]

During a Council meeting held on May 16, 1995, the Mayor submitted the second draft of the Contract Of Employment to the Council. In presenting the contract, the Mayor stated, "I think [the contract] would be in conflict with your policy in your Handbook, *998 the hiring policy...." In response, one of the Councilmen, Mr. Garrett, stated, "If we give a contract to Chief Stan Hughes, we have to give one to every other Department Head, and I think — we can't give it unless we give everyone else one, and then it throws off our whole salary matrix with the annual increase." A motion by one of the councilmen that the City not execute the contract was unanimously carried.

Following the May 1995 council meeting, Hughes continued to serve as chief of police. On August 27, 1996, Hughes' counsel was notified by letter that a special meeting of the Mayor and the Council had been set for August 29, 1996. The Mayor's intended recommendation to the Council that Hughes' employment be terminated was among the agenda items to be addressed during the meeting.

Hughes filed a petition seeking a temporary restraining order and a preliminary injunction directed to the Mayor and the City restraining the Mayor and the City and their agents and employees from terminating and/or scheduling or approving the termination of the plaintiff's contract of employment as the chief of police for the City. Hughes also prayed that a judgment be rendered perpetuating the preliminary injunction. In the petition, Hughes alleged that he and the Mayor had discussed the terms and conditions of his employment contract. According to the terms of the contract, Hughes would be required to retire from his current employment with the Louisiana State Police and relocate his residence to the Parish of Pointe Coupe. In consideration for these actions, Hughes asserted the Mayor offered him an employment contract which would be "equal in duration with the [Mayor's] current term of office which is to expire on December 31, 1998." Hughes asserted that although he has faithfully performed all of his employment obligations and that his job performance has been excellent, he was advised by the Mayor and Jewell that his employment was being terminated "without cause."

After a trial on the merits, the trial court issued a permanent injunction enjoining the defendants from terminating Hughes' employment "as the Chief of Police for the [City] without sufficient cause through December 31, 1998." The defendants have appealed, contending the trial court erred 1) in refusing to recognize that Hughes was an "at will" employee of the City, and 2) in holding that a quasi-contract existed between the City and Hughes.

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Bluebook (online)
700 So. 2d 995, 1997 WL 600730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-muckelroy-lactapp-1997.