State ex rel. Orleans Parish Criminal District Court v. City of New Orleans ex rel. Landrieu

126 So. 3d 762, 2012 La.App. 4 Cir. 1756, 2013 WL 5757953, 2013 La. App. LEXIS 2138
CourtLouisiana Court of Appeal
DecidedOctober 23, 2013
DocketNo. 2012-CA-1756
StatusPublished
Cited by4 cases

This text of 126 So. 3d 762 (State ex rel. Orleans Parish Criminal District Court v. City of New Orleans ex rel. Landrieu) 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
State ex rel. Orleans Parish Criminal District Court v. City of New Orleans ex rel. Landrieu, 126 So. 3d 762, 2012 La.App. 4 Cir. 1756, 2013 WL 5757953, 2013 La. App. LEXIS 2138 (La. Ct. App. 2013).

Opinion

TERRI F. LOVE, Judge.

hThe instant dispute arose when the City of New Orleans, through its Mayor, Mitchell J. Landrieu (“City”) informed Orleans Parish Criminal District Court Clerk of Court, Arthur Morrell (“Clerk of Court”) that the City intended to “hold back” a portion of the Clerk of Court’s funding to mitigate budget risks to the City. The Clerk of Court filed a petition of writ of mandamus claiming that the City acted arbitrarily and capriciously and abused its discretion by refusing to fund the operations of the Clerk’s Office in contravention to state law. The Clerk of Court claimed that the City is required to fund the operation of the Clerk’s Office, including the salaries of the deputy clerks employed by his office. The Clerk of Court asserts that after the 2012 budget was approved, the City’s decision to convert the initial funding “hold back” to a “permanent reduction” was arbitrary and capricious. The City, however, alleged that it met its obligation under La. R.S. 13:1372 to provide funding, and the “permanent reduction” was pursuant to its discretionary power under the Home Rule Charter. The trial court concluded that the Clerk of Court failed to establish “how the discretionary decision of the City to 12reduce the budget to plaintiffs office was arbitrary or an abuse of discretion,” and [764]*764denied the petition for writ of mandamus. Since the trial on the merits and lodging of the record in this Court, Louisiana legislature recently enacted La. R.S. 13:1381.7, establishing that “amounts to be appropriated and paid by the City for the expenses” of the Clerk’s Office “shall not be reduced by [the City] without the consent of the legislature.” We find La. R.S. 13:1381.7 interpretive of the statutes directing the City to pay the expenses, including the salaries of the State’s employees and officers of the Clerk’s Office, and thus, is retroactive. Therefore, we remand the instant case to the trial court for application of La. R.S. 13:1381.7 for a decision on whether La. R.S. 13:1381.7 prohibits the City under the Home Rule Charter from imposing a permanent “budgetary ‘hold back.’ ”

PROCEDURAL AND FACTUAL BACKGROUND

During 2012, a budget was proposed for the City to provide funding for the operation of the Clerk’s Office, including certain personnel. After the 2012 budget was approved, Chief Administrative Officer, Andrew Kopplin (“Mr. Kopplin”), informed the Clerk of Court in a March 2012 letter that the City intended to “hold back ... over two percent” of the funding appropriated for the Clerk of Court for the 2012 fiscal year “in order to mitigate budget risks to the city.” Following the City’s Revenue Estimating Conference in June 2012, Mr. Kopplin sent a letter in July to the Clerk of Court indicating that Mr. Kopplin was “directing the city budget office to reduce the [Clerk of Court’s] spending authority by 3.8 percent.” | sMr. Kopplin further stated in the letter that pursuant to his direction the temporary “hold back” would be “a permanent reduction.”

In October, the Clerk of Court informed Mr. Kopplin that the Clerk’s Office did not have sufficient funds to buy office supplies. Consequently, Mr. Kopplin released additional funds to the Clerk of Court in order to purchase necessary office supplies.

Thereafter, the Clerk of Court filed a petition for writ of mandamus in the trial court alleging the City abused its discretion and acted arbitrarily and capriciously in refusing to fund the operations of the Clerk’s Office. The Clerk of Court further alleged that state law mandates the City to pay various funds including the salaries of his office’s employees in addition to other operating expenses. The City filed an exception of no cause of action alleging that the remedy of mandamus was not available in this case because the act of approving expenditures is inherently discretionary pursuant to the Home Rule Charter, which the trial court denied. After a trial on the merits, the trial court concluded that the Clerk of Court failed to establish how the City’s discretionary decision to reduce the budget of the Clerk’s Office under the Home Rule Charter was an abuse of discretion. Accordingly, the trial court denied the Clerk of Court’s petition for writ of mandamus. The Clerk of Court then filed a motion for new trial, which was denied. This appeal follows.

\ ARETROACTIVITY OF NEWLY ENACTED § 13:1381.7

Subsequent to the trial court’s ruling in this case and the lodging of the record with this Court, the Louisiana legislature enacted La. R.S. 13:1381.7 (Act 229 of 2013), effective July 1, 2013, which provides:

A. The legislature finds that adequate funding of the office of Clerk of the Criminal District Court for the parish of Orleans is necessary for the efficient performance of the powers [765]*765and duties required of a judicial officer of the state. Pursuant to the exercise of the police power of the state, actions for obtaining adequate funding are necessary to promote judicial efficiency and to protect and promote the lives, health, morals, comfort, and general welfare of people as a whole. The amounts to be appropriated and paid by the city of New Orleans for expenses, including salaries and maintenance of constitutional officers, their deputies, subordinates, and employees shall not be reduced by the city of New Orleans without the consent of the legislature.
B. The legislature further finds that the state mandating payment by the city of New Orleans to the state’s employees and officers of the Clerk for the Criminal District Court for the parish of Orleans constitute a valid exercise of the state’s police power, and such statutes do not violate the provisions of the Louisiana Constitution of 1921 or the Louisiana Constitution of 1974.
C. Nothing contained in this Act shall be construed as giving to the city of New Orleans any rights, powers, authority, or jurisdiction over any constitutional officers, their deputies, employees, subordinates, or over any state or district officers, their deputies, subordinates, or employees.

(emphasis added).

The parties in this case dispute what discretionary power the City has to reduce the Clerk of Court’s budget. Because the newly enacted La. R.S. 13:1381.7 addresses the City’s duty to provide adequate funding for expenses of the Clerk’s Office and may not be reduced without the legislature’s consent, the question before this Court becomes whether or not La. R.S. 13:1381.7 applies retroactively. A determination of a statute’s retroactive application employs a twojfold6 inquiry. The first inquiry is whether the legislation expressed its intent regarding the statute’s retrospective or prospective application. See Cole v. Celotex, Corp., 599 So.2d 1058, 1063 (La.1992). Where the legislature does not expressly provide how the statute is to be applied, the court must classify the enactment as substantive, procedural, or interpretative. Id.

The Louisiana Supreme Court in Segura v. Frank, 93-1271, (La.1/14/94), 630 So.2d 714, 723, expounded on the three types of law:

Substantive laws establish new rules, rights, and duties or change existing ones. St. Paul Fire & Marine Ins. Co. v. Smith, 609 So.2d 809, 817 (La.1992); Ardoin v. Hartford Acc. & Indem. Co., 360 So.2d 1331, 1339 (La.1978). Procedural laws prescribe a method for enforcing a substantive right and relate to the form of the proceeding or the operation of the laws. Graham v. Sequoya Corp.,

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126 So. 3d 762, 2012 La.App. 4 Cir. 1756, 2013 WL 5757953, 2013 La. App. LEXIS 2138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-orleans-parish-criminal-district-court-v-city-of-new-orleans-lactapp-2013.