Reed v. Washington Parish Police Jury

518 So. 2d 1044, 1988 WL 1936
CourtSupreme Court of Louisiana
DecidedJanuary 18, 1988
Docket87-C-2468
StatusPublished
Cited by36 cases

This text of 518 So. 2d 1044 (Reed v. Washington Parish Police Jury) 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
Reed v. Washington Parish Police Jury, 518 So. 2d 1044, 1988 WL 1936 (La. 1988).

Opinion

518 So.2d 1044 (1988)

Walter P. REED, As District Attorney for the Twenty-Second Judicial District Court, Parish of Washington,
v.
WASHINGTON PARISH POLICE JURY, et al.

No. 87-C-2468.

Supreme Court of Louisiana.

January 18, 1988.
Rehearing Denied February 11, 1988.

Walter P. Reed, Dist. Atty., Harry P. Pastuszek, Lane Carson, Stephen J. Caire, Asst. Dist. Attys., for applicant.

John N. Gallaspy, Bogalusa, for respondent.

E. Pete Adams, Baton Rouge, amicus curiae for The Louisiana District Attorneys Ass'n, Inc.

COLE, Justice.

This is a mandamus action by a district attorney to compel a police jury to reimburse his office for operational expenses. The issue presented is whether La.R.S. 16:6 imposes a mandatory duty on a police jury to fund the itemized expenses set forth in the statute. La.R.S. 16:6 provides:

Reimbursement for expenses; payment by police juries
The district attorneys of this state, the parish of Orleans excepted, shall be entitled to an expense allowance for salaries of stenographers, clerks and secretaries, and salaries or charges for special officers, investigators and other employees and an expense allowance for stationery forms, telephone, transportation, travel, postage, hotel and other expenses incurred *1045 in the discharge of their official duties.
The police juries of the various parishes of the state of Louisiana are hereby authorized to pay from their general fund any of the items of expense, as provided for herein, incurred by the several district attorneys of this state when acting in their official capacities.

We hold La.R.S. 16:6 places a mandatory duty on the police jury to fund the aforesaid expenses of the district attorney's office. Accordingly, we reverse the judgment of the court of appeal and reinstate the judgment of the trial court.

Walter Reed is the district attorney for the Twenty-Second Judicial District, comprised of Washington and St. Tammany Parishes. In late 1985, Reed submitted a budget request to the Washington Parish Police Jury listing the anticipated expenses of his Washington Parish office for the 1986 fiscal year. This was the customary process employed. Although Reed submitted a budget request of $145,025.00, to cover the office's 16:6 expenses, the police jury budgeted only $42,246.12.

In response to the police jury's failure to fund adequately the 16:6 expenses of his office, Reed brought this suit on March 4, 1986. He sought a declaration that 16:6 imposed a mandatory duty on the police jury to provide funding and he sought a writ of mandamus to compel the police jury to perform this duty.

A judgment was not rendered by the trial court until March 13, 1987. In the interim, Reed was required to obtain the money to pay the 16:6 expenses from other sources. The 16:6 expenses for the 1986 fiscal year were paid from the following sources:

(1) Washington Parish Criminal
    Court Fund........................    $ 78,212.64
(2)  District Attorney's 6% and Special
     Funds.............................     14,550.68
(3)  District Attorney's Fee Fund (La.
     R.S. 16:15)........................     4,091.24
(4)  Washington Parish General Fund.....    45,070.87
                                            _________
     TOTAL .............................  $141,925.43

The trial court held the police jury has a mandatory duty under 16:6 to fund the reasonable 16:6 expenses of the district attorney's office. The court ruled the request by Reed was not unreasonable, and stressed that the police jury did not contend it lacked sufficient funds to pay its statutorily mandated expenses. Accordingly, the trial court issued a writ of mandamus ordering the police jury to pay Reed $96,854.56. This award represented the difference between the amount actually funded by the police jury for 1986 and the amount secured by Reed from other sources to pay the 16:6 expenses of his office.

The court of appeal reversed. Reed v. Washington Parish Police Jury, 515 So.2d 635, (La.App. 1st Cir.1987). It held a police jury has discretion under R.S. 16:6 to provide funding for the stated expenses of the district attorney's office. Consequently, the Court ruled Reed was not entitled to a writ of mandamus.

Reed sought writs in this court claiming the police jury is constitutionally and statutorily compelled to fund the expenses of the district attorney's office. Because we find the police jury is statutorily required to fund the 16:6 expenses of the district attorney's office, we need not decide whether it is constitutionally compelled to do so.

To resolve the issue in this case, we must determine the proper construction to be given the entirety of R.S. 16:6. The first paragraph of 16:6 provides for a mandatory expense allowance for district attorneys. The second paragraph states the police jury is "authorized" to pay from its general fund any of the expenses "as provided for herein." The word "authorized" is susceptible to two interpretations, one mandatory, and one permissive. It may be interpreted as either empowering the police jury to act, or as a direction to the police jury to act. Thus, it becomes important to ascertain the intent of the legislature. In so doing, we are guided by the familiar principles of statutory construction. We shall review the language employed in 16:6, the history of 16:6, and other provisions on the same subject matter in order to determine the intent of the legislature.

*1046 LANGUAGE OF LA.R.S. 16:6

It is a fundamental principle of statutory construction that statutes must be interpreted in their entirety. The meaning of a word in a statute must be determined in light of the statute as a whole. There is a presumption that the legislature enacted 16:6 for some definite purpose and we must endeavor to construe it so as to give it effect and accomplish the purpose for which it was enacted. When a statute is susceptible of two interpretations, a court must choose the one which affords a reasonable and practical effect to the entire act over one which renders part of it meaningless or useless. Smith v. Cajun Insulation, Inc., 392 So.2d 398, 400 (La.1980); J.M. Brown Const. Co. v. D & M Mechanical Con., Inc., 275 So.2d 401, 404 (La. 1973); Chappuis v. Reggie, 222 La. 35, 62 So.2d 92, 95 (1952); Pepsodent Co. v. Krauss Co., 200 La. 959, 9 So.2d 303 (1942).

In 1938, when the legislature first enacted 16:6, it stated the purpose of the act was to provide that the district attorneys of this state "shall be reimbursed" for expenses incurred in their official duties. 1938 La. Acts No. 20. Since its origin in 1938, the first paragraph of 16:6 has provided for a mandatory expense allowance for district attorneys. This is evidenced by the use of the phrase "shall be entitled to an expense allowance" appearing in every version of 16:6 from 1938 to the present. The second paragraph of 16:6, provides that the police jury is authorized to pay the expenses "as provided for herein." This language refers to the mandatory expense allowance. It would make little sense for the legislature to create a mandatory expense allowance and then tell the providers of the fund they were free to fund that expense allowance or not. The court of appeal was incorrect in reading the two paragraphs in isolation, rather than in their entirety. A reading of the first paragraph of 16:6 as mandatory, and the second paragraph as discretionary, renders the first paragraph basically meaningless.

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

Related

Holly D. Swayze v. State Farm Mutual Automobile Insurance Company
172 So. 3d 1026 (Supreme Court of Louisiana, 2015)
Normand v. Cox Communications Louisiana, LLC
167 So. 3d 156 (Louisiana Court of Appeal, 2014)
New Orleans Fire Fighters Pension & Relief Fund v. City of New Orleans
131 So. 3d 412 (Louisiana Court of Appeal, 2013)
Parents of Minor Child v. Charlet
135 So. 3d 724 (Louisiana Court of Appeal, 2013)
Pociask v. Moseley
122 So. 3d 533 (Supreme Court of Louisiana, 2013)
Carter v. HON. JUDGES, DIV. AE, G, & I
976 So. 2d 703 (Supreme Court of Louisiana, 2008)
Alexander v. City of Baton Rouge
976 So. 2d 1270 (Supreme Court of Louisiana, 2008)
Opinion Number
Louisiana Attorney General Reports, 2002
Perron v. Evangeline Parish Police Jury
798 So. 2d 67 (Supreme Court of Louisiana, 2001)
Perron v. Evangeline Parish Police Jury
780 So. 2d 515 (Louisiana Court of Appeal, 2001)
Pavich v. St. Landry Parish Police Jury
780 So. 2d 608 (Louisiana Court of Appeal, 2001)
Carriere v. ST. LANDRY PAR. POLICE JURY
707 So. 2d 979 (Supreme Court of Louisiana, 1998)
Carriere v. St. Landry Parish Police Jury
693 So. 2d 1201 (Louisiana Court of Appeal, 1997)
HOUSTON GEN. INS. v. Commercial Union Ins.
682 So. 2d 1341 (Louisiana Court of Appeal, 1996)
Cox Cable v. City of New Orleans
624 So. 2d 890 (Supreme Court of Louisiana, 1993)
Post v. Madison Parish Police Jury
554 So. 2d 198 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
518 So. 2d 1044, 1988 WL 1936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-washington-parish-police-jury-la-1988.