St. Landry Parish Pol. Jury v. Clerk of Ct. of St. Landry Parish

536 So. 2d 1283, 1988 La. App. LEXIS 2748, 1988 WL 133882
CourtLouisiana Court of Appeal
DecidedDecember 14, 1988
Docket87-1062
StatusPublished
Cited by3 cases

This text of 536 So. 2d 1283 (St. Landry Parish Pol. Jury v. Clerk of Ct. of St. Landry Parish) 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
St. Landry Parish Pol. Jury v. Clerk of Ct. of St. Landry Parish, 536 So. 2d 1283, 1988 La. App. LEXIS 2748, 1988 WL 133882 (La. Ct. App. 1988).

Opinion

536 So.2d 1283 (1988)

ST. LANDRY PARISH POLICE JURY, Plaintiff-Appellant,
v.
CLERK OF COURT OF ST. LANDRY PARISH, et al, Defendants-Appellees.

No. 87-1062.

Court of Appeal of Louisiana, Third Circuit.

December 14, 1988.
Writ Denied February 17, 1989.

*1284 Alex Andrus, Opelousas, for St. Landry Parish Police Jury.

James Dauzat, Dauzat, Falgoust, Caviness & Bienvenu, Frank Trosclair, Jr., Taylor & Trosclair, Robert DeJean, Jr., Opelausas, Thomas Arbour, Glusman, Moore, Wilkinson, Arbour, Broyles & Glusman, Port Allen, Gerard Caswell, Winston Ardoin, Jackson Burson, Eunice, Kenneth DeJean, Baton Rouge, C. Douglas Dean, Otis Lomenick, Opelousas, for St. Landry Parish Clerk of Court, et al.

Before STOKER, LABORDE and KING, JJ.

LABORDE, Judge.

This is a suit by the St. Landry Parish Police Jury (the Police Jury) against fifty-four defendants.[1] The suit sought a declaratory judgment by the trial court stating that the proposed balanced budget of the Police Jury was in compliance with Louisiana law and also preventing the defendants from enforcing their budgetary requests against the Police Jury. Defendants, Ruth Cambre, et al (the St. Landry Parish Court Reporters), filed suit seeking mandamus against the police jury to fund the salaries and expenditures of the Court Reporters. Defendant, the St. Landry Parish Clerk of Court, filed a suit for mandamus on similar grounds. All three cases were consolidated at trial and remain consolidated *1285 on appeal.[2] All of the defendants filed numerous exceptions. The Police Jury also filed numerous exceptions to the mandamus claims. The trial court granted the defendants' exceptions of no cause of action and prematurity.[3] The court overruled the exceptions urged by the Police Jury. The Police Jury now appeals. We affirm.

FACTS

In an effort to comply with the legislative mandates of LSA-R.S. 39:1304, the Police Jury attempted to devise a balanced budget. It faced decreasing revenues (apparently due mainly to decreases in federal revenue sharing programs), while essential governmental services costs remained constant. The Police Jury calculated its anticipated revenues to be $1,602,254.00 for the 1987 fiscal year, while anticipated expenses were calculated at $2,011,879.00. Thus the Police Jury anticipated a potential deficit of $409,625.00. In an attempt to reduce the expenses and create a balanced budget, the Police Jury decided to reduce most of its mandated expenses by 22%. After doing so, the Police Jury felt that its budget was balanced and complied with state law. However, it was soon discovered that many of the proposed 22% reductions cut into payments that were statutorily mandatory. The Police Jury then decided to file suit for a declaratory judgment to resolve the situation. The St. Landry Parish Court Reporters and Clerk of Court subsequently filed mandamus actions against the Police Jury seeking funding of their salaries and expenditures.

The trial court determined that $697,827.00 of the budgeted expenses of the Police Jury were not statutorily mandated. The court thus found that the Police Jury was not actually faced with a deficit situation and therefore it granted the exceptions of prematurity and no cause of action. The court also granted the mandamus claims of the St. Landry Parish Court Reporters and the Clerk of Court.

On appeal, the Police Jury alleges that the trial court erroneously sustained the defendants' exceptions of no cause of action and prematurity; that the trial court erred in finding that a potential deficit did not exist; and that the trial court erred in denying the exceptions filed by the police jury in the two mandamus claims.[4]

The Police Jury's appeal points out that LSA-R.S. 39:1304 requires that it formulate a balanced budget for each fiscal year. The Police Jury also points out that numerous statutes provide for various expenditures to come out of Police Jury funds. The only statute that reconciles these competing claims is LSA-R.S. 33:2922. The Police Jury contends that the trial court interpreted this statute too narrowly in finding a "statutory charge" to be one that is fixed by statute at a specified or determinable sum as opposed to other less specific "general charges" which are for amounts not determinable by statute.

After thoroughly reviewing the record and the decision of the trial court, we hold that the trial court's decision is eminently correct. The trial court wrote a thorough opinion analyzing the issues present and we are compelled to adopt its *1286 reasoning as our own. The part of the opinion dealing with the exceptions of prematurity and no cause of action, supplemented with this court's footnotes, reads as follows:

"EXCEPTION OF PREMATURITY

"In support of their exception of prematurity, the Defendants in the suit by the Police Jury argue that the documents attached to the Police Jury's petition and the evidence introduced at the trial of the exception show that the mandated expenses do not exceed the estimated funds available for 1987, and therefore there is no deficit and the Police Jury's suit is premature. The Exceptors point out that R.S. 33:2922 provides that the annual revenues of the Police Jury shall be dedicated as follows:

"First, all statutory charges shall be paid from the respective funds upon which they are imposed; second all charges for services rendered annually under time contracts; third, all necessary and usual charges provided for by ordinance or resolution..."

Under these provisions, Exceptors argue that the statutory charges clearly do not exceed the estimated funds available for 1987 and there is therefore no deficit. They cite Penny v. Bowden, 199 So.2d 345 (La.App. 3 Cir.1967) and Citizens, Electors and Taxpayers v. Layrisson, 449 So.2d 613 (La.App. 1 Cir.1984), writ den., 452 So.2d 170 (La.1984), which hold that statutory charges imposed on a local government by the Legislature take precedence over the more permissive use of local government funds. In the Penny case, the plaintiffs were retired city policemen who filed suit for mandamus to require the City of Alexandria to appropriate annually to their pension fund any deficit in that fund, as required by Legislative statute. The City contended it did not have sufficient funds to cover these deficits. The Court held:

"We would perhaps be persuaded by the City's plea of lack of funds if the current operating expenses as budgeted and appropriated by the City Council stood on equal footing with the City's obligation to appropriate and pay any yearly deficit which might occur in the policemen's retirement fund. However, they do not. The obligations comprising the great bulk of the City's current operating expenses are established because, in its discretion, the City Council deems it wise to provide the city with a certain measure of sanitation service, a certain level of police protection, a certain standard of fire protection, and certain utility services. But the duty to appropriate and pay any yearly deficit which occurs in the operation of the policemen's retirement fund is a statutory duty imposed by the will of the Legislature on the municipality. Our system of local government contemplates that statutory charges imposed on a municipality by the Legislature take precedence over a more permissive use of municipal funds, and it is settled that the State has the power to require a municipality to set up and appropriate money to a pension system...."

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Related

Post v. Madison Parish Police Jury
554 So. 2d 198 (Louisiana Court of Appeal, 1989)
St. Landry Parish Clerk of Court v. St. Landry Parish Police Jury
536 So. 2d 1289 (Louisiana Court of Appeal, 1988)
Cambre v. St. Landry Parish Police Jury
536 So. 2d 1289 (Louisiana Court of Appeal, 1988)

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Bluebook (online)
536 So. 2d 1283, 1988 La. App. LEXIS 2748, 1988 WL 133882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-landry-parish-pol-jury-v-clerk-of-ct-of-st-land-lactapp-1988.