St. Landry Parish Police Jury v. Zerangue

664 So. 2d 388, 1995 La. LEXIS 2879, 1995 WL 698043
Supreme Court of Louisiana·Decided November 27, 1995·No. Nos. 95-C-0877, 95-C-0903·Published·Cited by 4 cases

Opinions

hVICTORY, Justice.1

Marcus, J., not on panel. Rule IV, Part 2, § 3.

We granted certiorari to determine whether a parish governing body may designate someone other than the sheriff to collect occupational license taxes and liquor permit fees.2 We find that the sheriff is the only officer permitted by law to collect occupational license taxes. However, a parish governing body may designate someone other than the sheriff to collect liquor permit fees.

PACTS AND PROCEDURAL HISTORY

For the past several years, the Sheriff of St. Landry Parish, Howard Zerangue, has been collecting occupational license taxes and liquor permit fees levied by the St. Landry Parish Police Jury, and has been deducting the 15 percent statutory commission provided by La.R.S. 33:1423. The Police Jury desires to engage one of its own employees to collect the taxes. However, Sheriff Zerangue contends that he is the sole officer legally entitled to collect them.

In June of 1993, the Police Jury filed a declaratory judgment action against Sheriff Zerangue, seeking a determination of the Police Jury’s and the Sheriffs collection rights and obligations. Following argument3, the trial court entered judgment in favor of the |2Police Jury, finding that it had the legal power and authority to appoint a person other than the Sheriff to collect parish occupational license taxes and liquor permit fees.

Sheriff Zerangue appealed, and the Louisiana Third Circuit Court of Appeal, with one judge concurring in part and dissenting in part, reversed the trial court’s judgment on the issue of collection of occupational license taxes, but affirmed the trial court’s judgment on the issue of collection of liquor permit fees. St. Landry Parish Police Jury v. Zerangue, 94—394 (La.App. 3d Cir. 3/8/95); 651 So.2d 970. Both parties applied for certiora-ri, which we granted due to the importance of these issues to sheriffs and parish governing bodies statewide. St. Landry Parish Police Jury v. Zerangue, 95—0877 (La. 5/12/95); 654 So.2d 341; 95-0903 (La. 5/12/95); 654 So.2d 342.

PRINCIPLES OF STATUTORY INTERPRETATION

Whether the Police Jury may designate someone other than Sheriff Zerangue to collect these taxes hinges upon the interpretation of one constitutional provision and several statutory provisions. Thus, we preliminarily turn to the general codal and jurisprudential rules on statutory interpretation, which also apply when interpreting the Louisiana Constitution. La.Civ.Code arts. 9 et seq.; Succession of Lauga, 624 So.2d 1156, 1165 (La.1993).

When statutes are clear and unambiguous no further inquiry may be made into legislative intent. Courts must apply the law as written, unless the application would lead to absurd consequences. La.Civ.Code art. 9; Tarver v. E.I. du Pont De Nemours and Company, 93-1005 (La. 3/24/94); 634 So.2d 356; Moore v. Gencorp, Inc., 93-0814 (La. 3/22/94); 633 So.2d 1268; Ramirez v. Fair Grounds Corp., 575 So.2d 811 (La.1991). When statutory language is susceptible to different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law. La.Civ.Code art. 10; Smith v. Cajun Insulation, Inc., 392 So.2d 398, 400 (La.1980) (citations omitted). The words of a statute must be given their generally prevailing meaning. ^However, when the law involves a technical matter, words of art and technical terms must be given their technical meaning. La.Civ.Code art. 11. When the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole. La.Civ.Code art. 12. Laws on the same subject matter must be interpreted in reference to each other. La. Civ.Code art. 13; Smith, supra.

DISCUSSION

Contentions of the Parties

At issue is the interplay between La. Const, art. V, § 27 and La.R.S. 33:1435. [390] Louisiana Const, art. V, § 27 provides, in pertinent part:

In each parish a sheriff shall be elected for a term of four years. He shall be the chief law enforcement officer in the parish, except as otherwise provided by this constitution, and shall execute court orders and process. He shall be the collector of state and parish ad valorem taxes and such other taxes and license fees as provided by law. (Emphasis added.)

Louisiana R.S. 33:1435 provides:

Except in the parish of Orleans, the sheriff shall be ex officio collector of state and parish taxes. (Emphasis added.)

Sheriff Zerangue claims that Art. V, § 27 vests him with the sole authority to collect state and parish ad valorem taxes, as well as the sole authority to collect all other state and parish taxes and license fees that are provided by law, including occupational license taxes and liquor permit fees. Alternatively, the Sheriff contends that if the Constitution only grants him the sole authority to collect state and parish ad valorem taxes, the legislature has, by virtue of La.R.S. 33:1435, “provided by law” that he has the general authority to collect all other state and parish taxes. Under this theory, Sheriff Zerangue argues that the only way the Police Jury may designate its own collector is if the legislature displaces his general collection authority by enacting a specific statutory provision authorizing the Police Jury to do so. Sheriff Zerangue | contends that no such designation has been made with regard to occupational license taxes or liquor permit fees. As such, he alone is legally entitled to collect the taxes.

The Police Jury agrees that Art. V, § 27 grants the Sheriff sole authority to collect ad valorem taxes. As far as other state and parish taxes are concerned, the Police Jury maintains that Art. V, § 27 grants no collection authority to the Sheriff. Rather, the Police Jury claims that Art. V, § 27 merely authorizes the legislature to enact statutes empowering the Sheriff to collect other state and parish taxes if it chooses to do so. The Police Jury contends that La.R.S. 33:1435 does not bestow general collection powers on the Sheriff. Rather, it applies as a default provision only when the legislature has failed to designate another collection body. According to the Police Jury, the legislature specifically vested it with the authority to collect occupational license taxes in La.R.S. 47:341 and 342, and with the authority to collect liquor permit fees in La.R.S. 26:74 and 26:274.

The Louisiana Constitution & La.R.S. 33:1435

Clearly, the unambiguous language of Art. V, § 27 grants sheriffs the sole right to collect state and parish ad valorem taxes. With regard to other state and parish taxes, Art. V, § 27 grants no authority to sheriffs. Rather, it authorizes the legislature to give sheriffs the power to collect other taxes.

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St. Landry Parish Police Jury v. Zerangue, 664 So. 2d 388, 1995 La. LEXIS 2879, 1995 WL 698043 (La. 1995).

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