Marceaux v. State

720 So. 2d 29, 97 La.App. 1 Cir. 0273, 1998 La. App. LEXIS 2862, 1998 WL 758614
CourtLouisiana Court of Appeal
DecidedSeptember 25, 1998
DocketNo. 97 CA 0273
StatusPublished
Cited by1 cases

This text of 720 So. 2d 29 (Marceaux v. State) 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
Marceaux v. State, 720 So. 2d 29, 97 La.App. 1 Cir. 0273, 1998 La. App. LEXIS 2862, 1998 WL 758614 (La. Ct. App. 1998).

Opinion

I2PARRO, Judge.

This class action suit was filed by a group of present and former commissioned officers of the Louisiana Department of Wildlife and Fisheries (DWF), claiming their rights to equal protection under the United States and Louisiana constitutions were violated when they were denied supplemental pay and later, were denied grade level and salary increases by the defendants, simply because they were not members of the enforcement division of DWF. They also claimed that this treatment was discriminatory and denied them their rights to a uniform pay plan under the Louisiana constitution. The equal protection and uniform pay issues came before the trial court on cross motions for summary judgment.1 The trial judge ruled in favor of the plaintiffs, and awarded each plaintiff back pay from April 11, 1987, to the present, in the amount of $260 per month, plus legal interest from the date of judicial demand until paid, plus costs. For the reasons assigned, we amend the judgment and affirm as amended.

BACKGROUND

In 1974, a new constitution was adopted by the citizens of Louisiana. Article X, Section 10(A)(1)(a) gave the State Civil Service Commission the authority to adopt a uniform pay and classification system for state classified employees. However, Article X also gave the legislature the authority to supplement the uniform pay plan of “sworn, commissioned law enforcement officers of the Division of State Police, Department of Public Safety, and regularly commissioned officers of the Enforcement Division of the Department of Wildlife and Fisheries.” LSA-Const. art. X, § 10(A)(1)(b). To implement [31]*31this provision, the legislature enacted LSA-R.S. 56:696, which mandated supplemental pay for every regularly commissioned officer employed by the enforcement division of DWF. Based on this statute and Section 10(A)(1)(b), DWF supplemented the pay of its commissioned officers whose only duties were law enforcement — those in the Enforcement Division — but did not supplement the pay of its commissioned officers in other divisions who performed law enforcement duties in addition to other duties.

For political reasons that are unclear from the record, the legislature decided in 1989 to repeal LSA-R.S. 56:696, but the repeal was to be effective only “if and when the base salary of each person entitled to a supplement ... is increased by an amount equal to the supplement to which the person is entitled on the date that this Act | ^becomes law.” 1989 La. Acts No. 337, § 3. On the same day that this repealing legislation was signed by the governor, Herbert L. Sumrall, then Director of the Department of State Civil Service, raised the grade levels of those officers so their new base pay would be the equivalent of their previous total supplemented pay. The new grade levels went into effect immediately, but were not formally approved by the Civil Service Commission until October 1990.

In the meantime, in its last act of the 1989 Regular Session, the legislature also proposed an amendment to Article X, Section 10(A)(1) of the constitution, to remove the provision permitting the legislature to supplement the pay of state troopers and DWF enforcement division officers. 1989 La.Acts No. 848, § 3. This constitutional amendment was adopted by the voters in October 1990.

The plaintiffs filed this lawsuit on April 11, 1990, claiming that a violation of their rights to equal protection under the United States Constitution occurred with the enactment of the Louisiana constitutional provision allowing supplemental pay for some, but not all, commissioned officers of DWF who performed law enforcement duties. They further alleged that their rights to equal protection and a uniform pay plan under the Louisiana constitution were violated when the legislature enacted LSA-R.S. 56:696, and later, when the Civil Service Commission upgraded the pay levels of some, but not all, commissioned officers of DWF who performed law enforcement duties. The suit named the following as defendants: the State of Louisiana, through its then attorney general; DWF and its Secretary; the Louisiana Wildlife and Fisheries Commission; the State Civil Service Commission; and Herbert L. Sumrall, in his capacity as Director of the Department of State Civil Service.2

After considerable discovery, the equal protection and uniform pay issues came before the court on cross motions for summary judgment.3 The evidence submitted included numerous affidavits, excerpts from depositions of lay and expert witnesses, reports of expert witnesses, answers to requests for admissions, excerpts from proceedings of the 1973 constitutional convention, job descriptions for DWF employees, |4and excerpts from internal records and correspondence of the various defendants. After considering this evidence, the trial judge stated the following concerning his conclusions:

[Ejqual protection guarantees that all persons who are similarly situated are required to be treated alike.
When I look at the two different classes that I am talking about, I will refer to one as the refuge worker with enforcement duties versus the enforcement officer[;] the latter is entirely in enforcement and the refuge officer being one that not only has [32]*32enforcement but has other designated duties.
When this court looked at the refuge versus enforcement officer, I can certainly see that these people are different insofar as their work[,] which would result, perhaps, in a different salary. They are not similarly situated ... [B]ut ... the issue that started off in this case is the supplemental pay. It has nothing to do with job designation insofar as the salaries are concerned.
Both sides, refuge and enforcement officers, enforce the law. So, this supplemental $260.00 [per] month was for people in the enforcement because of the exposure to hazardous conditions, meaning I do not think there is any question that the refuge worker who has enforcement duties is in a hazardous position just like the enforcement officer who has enforcement duties. I have read about the fact that the enforcement officer has a wider area, writes more tickets than the refuge worker who has enforcement duties. I do not think that makes any difference.
Supplemental pay for hazardous conditions is exactly that.
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The fact is, if you have enforcement duties, you have enforcement duties, and I think the blinders have to be put on then to look at these two classes to see why one would get the supplement and the other would not.
I do not think that there should have been a difference. I think that insofar as the supplement, the $260.00 [per] month, that both should have been entitled to it because they are both in enforcement.
Then we see that the pay is increased. Why? To jump up a couple of steps to equate the $260.00. That’s the only reason, as I appreciate it, that pay increase was done. It was not done on different job descriptions^] but to merely up it ... so that the $260.00 would no longer be a supplement.... I really believe that the refuge worker and the enforcement worker are people who are similarly situated, i.e., in enforcement; and if there is pay to one for extra money for enforcement then it should be given to the other.

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Bluebook (online)
720 So. 2d 29, 97 La.App. 1 Cir. 0273, 1998 La. App. LEXIS 2862, 1998 WL 758614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marceaux-v-state-lactapp-1998.