In Re Bankston

306 So. 2d 863
CourtLouisiana Court of Appeal
DecidedDecember 16, 1974
Docket10064
StatusPublished
Cited by6 cases

This text of 306 So. 2d 863 (In Re Bankston) 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
In Re Bankston, 306 So. 2d 863 (La. Ct. App. 1974).

Opinion

306 So.2d 863 (1974)

In re Investigation of possible Violations of the Civil Service Law and Rules by Registrars of Voters, Nathaniel BANKSTON, East Baton Rouge Parish, et al.

No. 10064.

Court of Appeal of Louisiana, First Circuit.

December 16, 1974.
Rehearing Denied February 10, 1975.

*864 Joseph W. Greenwald, Lake Charles, for Cutrer, Bankston and Riess.

*865 A. Foster Sanders, III, Baton Rouge, for Bankston, Cutrer, Millet and Riess.

R. Gray Sexton, Baton Rouge, for Civil Service Commission.

Before LANDRY, BLANCHE and NEHRBASS, JJ.

LANDRY, Judge.

This appeal by Nathaniel Bankston, Registrar of Voters, East Baton Rouge Parish; Lillieon M. Cutrer, Registrar of Voters, Calcasieu Parish, James E. Millet, Registrar of Voters, Terrebonne Parish, and Louis C. Riess, Registrar of Voters, St. Bernard Parish (Appellants), challenges a decision of the Civil Service Commission, State of Louisiana (Commission), declaring all employees of Registrars of Voters, except the Registrars themselves and one chief deputy, to be classified state employees within the purview of the Civil Service Amendment to the State Constitution, more particularly La.Const. Art. XIV, Section 15. The Commission's order allowed Appellants forty-five days in which to comply under penalty of suspension of emoluments of the affected employees. We affirm.

Anthony W. Fulco, Registrar of Voters, Caddo Parish, was also made a party herein. After service of notice by the Commission, Mr. Fulco notified the Commission, in writing and before the hearing held herein on June 4, 1974, that Mr. Fulco intended to comply with the Commission's directive in this matter. In accordance therewith, Mr. Fulco has not appealed.

The facts are simple, undisputed and stipulated. The Commission acknowledges that since adoption of the Civil Service Amendment in 1953, the Commission has historically overlooked the fact that in 62 of the state's 64 parishes, the Registrars of Voters have engaged employees, other than the Registrars themselves and their chief deputies, who were not classified within the intendment of the Civil Service Amendment. It is conceded that all employees covered herein are paid by local governmental authorities. In early 1973, the Commission initiated efforts to bring all such employees within the classified or State Civil Service System. To accomplish this end, communications were addressed to Registrars throughout the state requesting execution of documents required to effect the desired change. Upon refusal of Appellants to comply, the Commission initiated a hearing in the matter pursuant to authority contained in La. Const. Art. XIV, Section 15(O)(4).

The Commission contends that the Classified Service, as defined in the applicable constitutional article, includes all persons employed in the offices of State Registrars of Voters, except the Registrars themselves and one Chief Deputy for each Registrar.

More particularly, the Commission relies upon La.Const. Article XIV, Section 15, Paragraphs (A)(2), (G)(a), (G)(b) and (G)(c).

Paragraph (A)(2), above, reads in pertinent part as follows:

(A)(2) "State service. `State Service' or `Civil Service of the State' means all offices and positions of trust or employment in the employ of the State, or ... joint state and parochial agencies financed by state and/or parochial funds; irrespective of whether the pay for such offices and positions of trust or employment is to be paid with state or municipal or parochial funds or with funds contributed jointly by the state and/or municipalities and/or parishes involved."

Paragraph (G)(a) defines unclassified state service. In effect, this provision enumerates 17 categories of public officers, elected officials, employees, board and commission members, and other expressly mentioned classes of personnel, declared to be unclassified and outside the scope of the Civil Service Amendment. The applicable *866 provisions of this Paragraph are as follows:

"The Unclassified State and City Service shall comprise the following offices and positions: ... (11) registrars of voters and one chief deputy for each registrar of voters."

In paragraph (G)(b), above, classified state civil service is defined as follows:

"(G)(b) ... The Classified Civil Service of the State shall comprise all other offices and positions of employment in the State service existing on the thirtieth (30th) day of June, 1953, or thereafter created in the State Service."

The opening sentence of Paragraph (G)(c), above expressly prohibits the legislature from increasing or enlarging the categories of unclassified employees specified in (G)(a), above. Paragraph (G)(c) then provides the following:

"(G)(c) ... no provision or restriction in (G)(a) or this Section shall deny to the Legislature or to the governing body of any city, or any parish governed jointly with one or more municipalities under a plan of government, having a civil service system, the power to place in the classified state or city service, as the case may be, any offices and positions, except elective offices, which are placed in the Unclassified Service by (G)(a)."

Tersely stated, the Commission maintains the foregoing constitutional provisions clearly and unambiguously place all employees of the various Registrars of Voters under the state civil service system, excepting the Registrars themselves and one employee designated as Chief Deputy.

Conversely, Appellants maintain on authority of La.Const. Article 8, Section 18, and certain legislation enacted pursuant thereto, that all employees of Registrars are unclassified employees.

La.Const. Article 8, Section 18, provides that there shall be a Registrar of Voters for each parish of the state appointed by the governing authority of each parish and commissioned by the Governor. Paragraph G of said Article and Section provides:

"G. No other officer or person shall exercise any of the powers or duties of the registrar of voters after December 15, 1921; provided, that this shall not be construed to forbid the legislature to authorize the appointment by the registrar, of deputy registrars."

Article 8, Section 18, above was adopted in 1921. It was amended in 1966. The amendment, however, did not affect any of the provisions of Paragraph G, above.

In implementation of Article 8, Section 18, above, the legislature has enacted several statutes which, in pertinent part, provide as follows:

LSA-R.S. 18:6:
"Unless otherwise provided by law, registrars may appoint deputies, clerks, and other employees, at the compensation fixed by the registrars or by this section. . .."
LSA-R.S. 18:270.108:
"Unless otherwise provided by law, registrars may appoint deputies, clerks and other office employees ...."
LSA-R.S. 18:7:
"Unless otherwise provided by law, deputies, clerks, and employees appointed by this Part may be removed at will by the registrars appointing them...."
LSA-R.S. 18:270.109:
"Unless otherwise provided by law, deputies, clerks, and employees appointed under this Part may be removed at will by the registrars appointing them...."

Appellants also urge that the employees concerned herein should be categorized as *867

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Opinion Number
Louisiana Attorney General Reports, 2004
Cohort Ener. v. Caddo-Bossier Parishes Port
852 So. 2d 1174 (Louisiana Court of Appeal, 2003)
Succession of Lauga
624 So. 2d 1156 (Supreme Court of Louisiana, 1993)
Polk v. Edwards
626 So. 2d 1128 (Supreme Court of Louisiana, 1993)
Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural Resources
496 So. 2d 281 (Supreme Court of Louisiana, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
306 So. 2d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bankston-lactapp-1974.