Local Number 1442, Professional Firefighter's Ass'n v. City of Crowley

9 So. 3d 792, 2009 La. LEXIS 483, 2009 WL 1384977
CourtSupreme Court of Louisiana
DecidedMay 5, 2009
Docket2008-C-1392
StatusPublished
Cited by5 cases

This text of 9 So. 3d 792 (Local Number 1442, Professional Firefighter's Ass'n v. City of Crowley) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Local Number 1442, Professional Firefighter's Ass'n v. City of Crowley, 9 So. 3d 792, 2009 La. LEXIS 483, 2009 WL 1384977 (La. 2009).

Opinions

KIMBALL, Chief Justice.

IjThe voters of the City of Crowley (“the City”) approved a sales tax proposition authorizing the City to levy and collect a sales tax of one-half of one percent whose proceeds are to be used for the purpose of City employees’ salary increase with 33 1/3% to all fire personnel. Once an election is held wherein citizens approve a tax dedicated to one purpose, the tax proceeds cannot be used for any other purpose. The voters directed that the proceeds of the sales tax are to be used for salary increases for fire personnel. However, the City is using some of the proceeds for increases in pay that are not true salary increases, and for costs that are related to salary increases, but are obligations of the City rather than true salary increases. We find, therefore, the City is improperly using the tax proceeds when it uses them for promotional increases, overtime pay, holiday pay, and costs related to the increases, such as the 12City’s contribution to the retirement system, FICA taxes, and the City’s cost of insurance for workers’ compensation and unemployment compensation.

[795]*795Facts and Procedural History

On November 28, 1981, a special tax election was held in the City of Crowley wherein the voters approved a sales tax proposition authorizing the City to levy and collect a tax of one-half of one percent “upon the sale at retail, the use, the lease or rental, the consumption for storage, or use, or consumption of tangible personal property and on sales of services in the City....” The voters also chose that the proceeds of the additional tax be dedicated and “used for the purpose of City employees [sic] salary increase to be equally divided with ... 33 1/3 % per cent to all Fire personnel....”1 These tax propositions were renewed by the voters of the City in 1991 and 2001. It is undisputed that the sales tax proceeds have been used to fund increases above the base pay for fire personnel, including an across-the-board raise, promotional increases, and longevity increases, and costs related to the increases, including the City’s contributions to the Firefighters’ Retirement System, the City’s FICA taxes, workers’ compensation insurance premiums, and payment of unemployment compensation taxes. Additionally, the City funds overtime and holiday pay from the sales tax proceeds.

On April 2, 2001, plaintiffs, Local Number 1442 of the Professional Firefighter’s Association and several firefighters employed by the City, filed a ^petition for declaratory judgment asserting that the City is using the tax proceeds for purposes other than those approved by the voters. In their petition, plaintiffs requested a declaration that the City must use the tax proceeds only for salary increases for fire personnel and for no other purposes. Following a bench trial, the trial court dismissed the petition for declaratory judgment at plaintiffs’ cost. In oral reasons for judgment, the trial court stated that the funds generated from the 1981 tax initiative are being used in accordance with the law and the intent of the voters. The court further stated the trial testimony revealed that the firefighters’ base salaries are being paid out of the City’s general fund, and not out of the tax proceeds. Accordingly, the trial court denied the petition for declaratory judgment.

The court of appeal affirmed the judgment of the trial court. Local Number 1142, Professional Firefighter’s Ass’n v. City of Crowley, 08-110 (La.App. 3 Cir. 5/28/08), 983 So.2d 1031 (unpub’d opinion). The court of appeal found the testimony presented established that the firefighters are receiving their full base pay and any raises not covered by the sales tax proceeds from the general fund. It concluded there was no error in the trial court’s conclusion that the proceeds of the sales tax are being used as contemplated by the sales tax initiative. One judge concurred in part and dissented in part, stating that he would reverse the trial court’s judgment to the extent it allows the City to use the funds generated from the sales tax for overtime pay, holiday pay, worker’s compensation insurance premiums, the City’s retirement fund obligations, and the City’s share of the cost of insurance or unemployment contributions. In his opinion, [796]*796the City has expanded the language of the proposition to include the ancillary costs associated with increases in the firefighters’ salaries.

We granted certiorari to consider the correctness of the court of appeal’s ^interpretation of the phrase “used for the purpose of ... salary increase” as employed in the City’s tax proposition and applied to fire personnel. Local Number 1142, Professional Firefighter’s Ass’n v. City of Crowley, 08-1392 (La.10/10/08), 993 So.2d 1270.

Discussion

Local governments possess the right to impose taxes only when such power has been granted to them by the state constitution or by statute. Denham Springs Economic Development Dist. v. All Taxpayers, 04-1674, p. 7 (La.2/4/05), 894 So.2d 325, 331, Radiofone, Inc. v. City of New Orleans, 93-0962, p. 2 (La.1/14/94), 630 So.2d 694, 696. Article VI, § 29 of the Louisiana Constitution grants the governing authority of any local governmental subdivision the authority to “levy and collect a tax upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services as defined by law, if approved by a majority of the electors voting thereon in an election held for that purpose.” In enacting these sales taxes, the legislature has directed that the proceeds of the tax be dedicated and used solely for the purposes approved by the voters. See La. R.S. 33:2714, La. R.S. 33:2721.6(D)(5). Thus, once an election is held wherein citizens approve a tax dedicated to one purpose, the tax proceeds cannot be used for any other purpose. Denham Springs Economic Development Dist, 04-1674 at p. 14, 894 So.2d at 335.

In the instant case, the sales tax proposition approved by the voters provided that the proceeds and avails of the tax, after the payment of reasonable and necessary expenses for the purpose of collection and administering the tax, shall be dedicated and used under one of two possible propositions. The proposition chosen by the voters provided that the sales tax be used for the purpose of City employees’ “salary 15increase,” with 33 1/3 percent going to all fire personnel.2 No other use was permitted in the proposition submitted and approved by the voters. Consequently, the tax proceeds at issue can only be used for salary increases for fire personnel.

Plaintiffs contend the City has been using the tax proceeds for things other than “salary increases” as envisioned by the electorate. In order to determine whether the City’s use of the sales tax proceeds is appropriate, we must determine what the voters intended when they approved the proposition dedicating the tax revenues to City employees’ salary increases with a portion going to fire personnel. In making this determination, the controlling factor is the understanding that [797]*797can reasonably be ascribed to the voting population as a whole. Denham Springs Economic Development Dish, 04-1674 at p. 15, 894 So.2d at 335. The common understanding of a salary increase is additional or take-home pay for performing the same job duties.

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Related

West Monroe Firefighters Local 1385 v. City of West Monroe
103 So. 3d 481 (Louisiana Court of Appeal, 2012)
Opinion Number
Louisiana Attorney General Reports, 2009
Local Number 1442, Professional Firefighter's Ass'n v. City of Crowley
9 So. 3d 792 (Supreme Court of Louisiana, 2009)

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Bluebook (online)
9 So. 3d 792, 2009 La. LEXIS 483, 2009 WL 1384977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-number-1442-professional-firefighters-assn-v-city-of-crowley-la-2009.