424 So. 2d 1040 | La. Ct. App. | 1982
The State of Louisiana, on its behalf and on behalf of Merlin Brisset, appellant, appeal a decision of the Civil Service Commission. Appellant claims the Commission erred in two respects: (1) Refusing to enforce the provisions of L.S.A.-R.S. 42:1451
The Civil Service Commission’s decision is vacated to the extent that it declares L.S.A.-R.S. 42:1451 unconstitutional. The Commission lacks authority to determine the constitutionality of state statutes. Further, we conclude the attorney general has no authority to appeal the Commission’s decision with respect to Merlin Brisset’s reprimand. Accordingly, we dismiss that portion of the appeal.
The function of interpreting the constitution and laws of the state rests exclusively upon the courts. State, through the Department of Highways v. Constant, 359 So.2d 666 (La.App. 1st Cir.1978), amended and affirmed as amended, 369 So.2d 699 (La.1979); La. Constitution 1974, Art. V,
Enactments of the legislature are presumed to be constitutional and valid until declared otherwise by a court of competent, jurisdiction. Gulf Oil Corporation v. State Mineral Board, 317 So.2d 576 (La.1975). Therefore, the Commission committed manifest error by refusing to apply the provisions of L.S.A.-R.S. 42:1451 and denying attorney’s fees to appellant Brisset.
Secondly, appellant argues the Commission erred in concluding that just cause existed for the February 1, 1980, reprimand of Merlin Brisset. Without reaching the merits of this assignment of error, we conclude that the attorney general has no right of action to raise this matter on appeal.
Louisiana Constitution Article IV, Section 8 provides that the attorney general has the authority to institute, prosecute or intervene in any civil action or proceeding, as necessary, for the assertion or protection of any right or interest of the state. Since no right or interest of the state is aggrieved by the Commission’s affirmance of Merlin Brisset’s reprimand, the attorney general is without authority to appeal Brisset’s reprimand.
L.S.A.-C.C.P. art. 927 allows the appellate court to notice on its own motion the peremptory exception of no right of action. It being so noticed, we dismiss that portion of the appeal.
For the foregoing reasons, the decision of the Civil Service Commission is vacated to the extent that it declares L.S.A.-R.S. 42:1451 unconstitutional. Further, we dismiss the appeal insofar as it concerns the reprimand of Merlin Brisset dated February 1, 1980. All costs for which it is liable are to be borne by appellee.
VACATED IN PART AND DISMISSED IN PART.
. L.S.A.-R.S. 42:1451:
“Action overruled; attorneys’ fees
“In any appeal under Article X Section 8 of the constitution by an employee in the classified state civil service to overturn any action by the department or agency employing him in which the decision to take the action is overruled and such decision is found to be unreasonable, the Civil Service Commission shall order the department or agency to pay reasonable attorneys’ fees incurred by the employee in appealing the action.”