Pointe Coupee Parish School Board v. Louisiana School Employee's Retirement System

140 So. 3d 38, 2014 WL 585624
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2014
DocketNos. 2013 CA 1100, 2013 CA 1101, 2013 CA 1102
StatusPublished

This text of 140 So. 3d 38 (Pointe Coupee Parish School Board v. Louisiana School Employee's Retirement System) 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
Pointe Coupee Parish School Board v. Louisiana School Employee's Retirement System, 140 So. 3d 38, 2014 WL 585624 (La. Ct. App. 2014).

Opinion

PETTIGREW, J.

| sin this consolidated proceeding, three parish school boards have sought declaratory and injunctive relief against the Louisiana School Employees’ Retirement System (LSERS), State Treasurer John N. Kennedy, and the Louisiana Department of Education to prohibit the withdrawal of funds available for their benefit from the state treasury pursuant to La. R.S. 11:1202. The trial court denied the school boards’ request for declaratory and injunc-tive relief and overruled an exception of res judicata raised by the Pointe Coupee Parish School Board. The suits were dismissed with prejudice, and the school boards now appeal. After a thorough review of the record and the arguments presented, we find no merit to the school boards’ assignments of error and affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

This suit arises out of the privatization of bus transportation services by the Pointe Coupee, Evangeline, and St. James Parish school boards. Between 2005 and 2011, the school boards independently contracted with Laidlaw Education Services and/or an affiliate company, First Student, Inc. (hereinafter collectively referred to as “Laidlaw”), to be the private provider of student transportation services. The contracts provided that Laidlaw would be awarded individual school bus routes as [42]*42they became available, resulting in the elimination of several driver positions previously held by public employees who were contributing members of LSERS. In total, Pointe Coupee eliminated eight driver positions, Evangeline eliminated five positions, and St. James eliminated twelve positions during the time period relevant to this litigation.

As a result of the alleged privatization of these positions, LSERS made demands upon the school boards for payment of a claimed portion of its unfunded accrued liability (UAL) pursuant to La. R.S. 11:1195.1 and La. R.S. ll:1195.2.1 Specifically, LSERS | ¿demanded payment in the following amounts, plus interest: (1) $310,856.00 from the Pointe Coupee Parish School Board;2 (2) $256,041.00 from the Evangeline Parish School Board; and (3) $958,518.00 from the St, James Parish School Board. The school boards refused to voluntarily relinquish payment, and LSERS gave notice of its intent to utilize the procedures detailed in La. R.S. 11:1202 to mandate that the state treasurer or Department of Education deduct the delinquent payments from any monies then due the school boards.3

In response, the school boards each individually brought suit in the 19th Judicial District Court, seeking to enjoin LSERS from invoking collection procedures pursuant to La. R.S. 11:1202. The Pointe Cou-pee Parish School Board argued in its petition that LSERS was collaterally es-topped and barred by a final consent judgment rendered in a prior proceeding entitled Pointe Coupee Parish School Board v. The Louisiana School Employees’ Retirement System, 19th Judicial District Court, Docket No. 574,462. Also, the school boards sought declaratory judgment that the amounts due were calculated incorrectly and that the provisions of La. R.S. 11:1202 purporting to authorize LSERS to | ^collect from the state treasurer monies [43]*43then available for distribution to or for the benefit of the school boards are in conflict with Article 3, § 16(A), Article 7, § 10(D)(1), and Article 8, § 13(A) of the Louisiana Constitution of 1974. To the extent that the suits involve common issues of law and fact, they were consolidated for joint consideration pursuant to orders dated July 24, 2012, and October 19, 2012.

On December 13, 2012, the consolidated matter proceeded to trial. On February 11, 2013, the trial court issued written reasons finding no merit to the Pointe Coupee Parish School Board’s claim of collateral estoppel. Moreover, the court found that the statutes in question do not conflict with the provisions of the Louisiana Constitution. Also, the court found that the school boards failed to prove by a preponderance of the evidence that they would suffer irreparable injury so as to warrant injunctive relief. On February 25, 2013, the trial court signed a written judgment denying the school boards’ requests for declaratory and injunctive relief, overruling the Pointe Coupee Parish School Board’s exception of res judicata, and dismissing the plaintiffs’ petitions with prejudice. The school boards have now appealed that judgment.

ISSUES PRESENTED FOR REVIEW

On appeal, the school boards argue that the procedure for deducting funds from the state treasury pursuant to La. R.S. 11:1202 conflicts with the provisions of La. Const. Art. 3, § 16(A), Article 7, § 10(D), and Article 8, § 13(B). Alternatively, the school boards argue that the provisions of La. R.S. 11:1195.1 and La. R.S. 11:1195.2 do not apply to employees who retire or resign without termination or whose routes are eliminated through merger or consolidation. Also, the school boards argue that the UAL attributable to the identified employees was erroneously calculated and that the UAL allegedly attributable to resigning employees would be extinguished by their withdrawal of retirement contributions. The school boards additionally argue that the doctrine of collateral estop-pel bars LSERS from enforcing collection -from the Pointe Coupee Parish School Board. Lastly, the school boards submit that they would sustain irreparable harm without recourse if LSERS is allowed to withdraw funds held for their benefit from the state treasury or Department of Education.

JjjDISCUSSION AND ANALYSIS

Constitutional Claims

At the outset, we note that the constitutionality of La. R.S. 11:1202 is a legal question, which is subject to de novo review. La. Mun. Ass’n v. the State of La. and the Firefighters’ Retirement Sys., 2004-0227, p. 45 (La.1/19/05), 893 So.2d 809, 842. Statutes are generally presumed to be constitutional and the party challenging the validity of the statute has the burden of proving it is unconstitutional. State v. Fleury, 2001-0871, p. 5 (La.10/16/01), 799 So.2d 468, 472. The provisions of the Louisiana Constitution are not grants of power but instead are limitations on the otherwise plenary power of the people exercised through the legislature. Bd. of Comm’rs of North Lafourche Conservation, Levee and Drainage Dist. v. Bd. of Comm’rs of Atchafalaya Basin Levee Distr., 95-1353, p. 3 (La.1/16/96), 666 So.2d 636, 639. Therefore, the legislature may enact any legislation that the state constitution does not prohibit. Bd. of Comm’rs, 95-1353 at 4, 666 So.2d at 639. In that context, the party challenging the constitutionality of a statute must cite to the specific provision of the constitution which prohibits the legislative action. Fleury, 2001-0871 at 5, 799 So.2d at 472; [44]*44Bd. of Comm’rs, 95-1353 at 4, 666 So.2d at 639. The plaintiffs bear the burden of proving the unconstitutionality of the statutes at issue. La. Mun. Ass’n, 2004-0227 at 45, 893 So.2d at 843.

The school boards argue that the collection mechanism in La. R.S. 11:1202 violates La. Const. Art. 3, § 16(A) and La. Const. Art. 7, § 10(D). Louisiana Constitution Article 3, § 16(A) states that “[e]x-cept as otherwise provided by this constitution, no money shall be withdrawn from the state treasury except through specific appropriation, and no appropriation shall be made under the heading of contingencies or for longer than one year.” Similarly, La. Const. Art.

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140 So. 3d 38, 2014 WL 585624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pointe-coupee-parish-school-board-v-louisiana-school-employees-retirement-lactapp-2014.