State Civil Service Commission v. Department of Public Safety DirectorState Civil Service Commission v. Department of Public Safety Director
Robert R. Boland, Jr., Counsel for Respondent.
JOHNSON, Justice.
We are called upon in this case to determine whether
FACTS and PROCEDURAL HISTORY
This suit was filed by the Civil Service Commission following the enactment of
(2)(a) Every sworn, commissioned lаw enforcement officer employed on a full-time basis by a bona fide police agency of the state or its political subdivisions, other than the Department of Public Safety and Corrections and the Department of Wildlife and Fisheries, and headquartered in a municipality with a population in excess of four hundred fifty thousand, and who serves the welfare of the public in the capacity of a police officer by providing police services to the general public through effecting arrests, issuing citations, serving warrants, patrolling levees, waterways, and riverfront areas or while patrolling bridges that are within the boundaries of a municipality with a populаtion in excess of four hundred fifty thousand shall be paid by the state extra compensation in the amount of three hundred dollars per month in addition to the compensation now paid to him by his employer out of self-generated revenue attributable to the agency employing such officers. To be eligible for the extra compensation, each such law enforcement officer shall have completed one year of service, and any such law enforcement officer hired after March 31, 1986, shall also have completed and passed a council-certified training program, as provided in R.S. 40:2405.
(b) For purpose of qualifications, computations, and other applicable provisions of this Section, references to “municipality” and “municipal” shall include in their meaning the bona fide police agency of the state or its political subdivisions that employ full-time sworn, commissioned law enforcement officers made eligible in this Paragraph.
On October 23, 1999, three months following the enactment of
Nothing herein shall prevent the Legislature from supplementing police department uniform pay plans from any available funds of the state, the department, the agency, or the political subdivision, provided that such supplement may be made available only for sworn, commissioned law enforcement officers employed on a full time basis by such police department who serve the welfare of the public, in their capacities as police officers, by providing police services to
the general public, by affecting arrests, issuing citations, and serving warrants while patrolling levees, bridges, waterways and riverfronts.
That referendum was rejected by the voters. However, the referendum was not tied to the passage of
The Civil Service Commission responded to the actions of the Port of New Orleans Harbor Police Officers by filing a Petition for Preliminary and Permanent Injunction and Declaratory Judgment which sought injunctive relief to prohibit the payment of the pay raise authorized by
On May 9, 2003, the First Circuit Court of Appeal reversed the trial court‘s ruling and held that the statute was indeed unconstitutional because it represented an infringement on the constitutional grant of powers given to the Civil Service Commission. State Civil Service Commission v. Director of the Department of Public Safety, et al., 2002-1781 (La.App. 1 Cir. 5/9/03), 849 So.2d 602. Specifically, the Court of Appeal held that: (1) the statute violated the exclusive authority of the Civil Service Commission to regulate the compensation of state classified employees, as provided by
Subsequent Referendum
It should be noted that on November 5, 2002, the voters did approve a constitutional amendment. The pertinent part of the amendment reads as follows:
(3)(a) The legislature shall provide by law for the payment by the state of supplements to salaries of full-time local law enforcement and fire protection officers of the state. Beginning with the fiscal year which begins July 1, 2003, the legislature shall appropriate funds sufficient to fully fund the cost of such state supplement to the salaries of full-time law enforcement and fire protection officers.
LSA-Const. Art. 7, section 10(D)(3)(a) .
The Historical Notes to
Intervenor, The Fraternal Order of Police, argues that as a result of the November 2002 constitutional amendment, the statute now spells out that the Harbor
The First Circuit Court of Appeal held that the State Civil Service Commission‘s appeal “was not rendered moot by the passage of a constitutional amendment which expressly granted the legislature power to provide such supplemental pay, where the constitutional amendment had a later effective date and, thus, was not yet effective.” State Civil Service Com‘n v. Director оf Dept. of Public Safety, 2002-1781 (La.App. 1 Cir. 5/9/2003), 849 So.2d 602. We agree.
DISCUSSION and ANALYSIS
The function of statutory interpretation and the construction to be given to legislative acts rests with the judicial branch of government. Pepper v. Triplet, 2003-0619 (La.1/21/04), 864 So.2d 181. When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.
Under the general rules of statutory construction, courts begin their review with the premise that legislation is the solemn expression of legislative will, and, therefore, the interpretation of the law primarily involves the search for the legislature‘s intent. Cole-Miers Post 3619 V.F.W. of De Ridder v. State, Department of Revenue & Taxation, Office of Alcoholic Beverage Control, 1999-2215 (La.1/19/00), 765 So.2d 312. However, legislative intent is not the appropriate starting point for statutory interpretation. Rather, the appropriate starting point is the language of the statute itself. In re Louisiana Health Service and Indem. Co., 1998-3034 (La.10/19/99), 749 So.2d 610, 615.
In the instant case, the Legislature amended
The purpose and intent of
Constitutional scrutiny favors the statute. State v. Griffin, 86-KA-0944 (La.1986), 495 So.2d 1306. Statutes are presumed to be valid, and the constitutionality of a statute should be upheld whenever possible. State v. Hart, 96-0599 (La.1/14/97), 687 So.2d 94. In its exercise of the entire legislative power of the state, the legislature may enact any legislation that the state constitution does not prohibit. Louisiana Public Facilities Authority v. Foster, 2001-0009 (La.18/01), 795 So.2d 288; Meredeth v. Ieyoub, 1996-1110 (La.9/9/97), 700 So.2d 478. The legislature of this state, unlike Congress, which can do nothing that the Federal Constitution does not authorize, may do everything that the Louisiana Constitution does not prohibit. Bozant v. Campbell, 9 Rob. 411, 1845 WL 1357 (La.1845). Because a state statute is presumed constitutional, the party challenging the statute bears the burden of proving its unconstitutionality. State v. Griffin, supra, at 1308. To hold legislation invalid under the state constitution, it is neсessary to rely upon some particular constitutional provision that limits the power of the legislature to enact the statute appealed. Civil Service Commission of the City of New Orleans v. William J. Guste, 82-C-2611 (La.1983), 428 So.2d 457; New Orleans Firefighters Association v. Civil Service Commission of the City of New Orleans, supra.
In the present case, the State Civil Service Commission argues that
The powers and duties of the Public Service Commission are contained in
Additionally, the State Civil Service Commission argues that there is a line of jurisprudence that establishes its exclusive authority to regulate the state classified service. In Louisiana Civil Service League, et al. v. Forbes, et al., 258 La. 390, 246 So.2d 800, 807 (1971), overturned for other reasons, this court held that, “it is the opinion of this court that the mandate of the people evidenced a clear intent, as reflected by their constitution, to invest the State Civil Service Commission with the sole and exclusive authority to establish all rates of compensation paid to civil service personnel, subject only to the routine approval of the Governor of this State.” The First Circuit, in Thoreson, et al. v. Department of State Civil Service, et al., 433 So.2d 184, 190 (La.App. 1st Cir. 1983), writ denied, 440 So.2d 726 (1983), while referring to exceptions to the Commission‘s authority to establish uniform pay and classification plans, held that “the debate surrounding the State Police amendment and the amendment concerning the wildlife officers, further shows that the intent of the framers was that these be exceptions to the exclusive power of the Commission to establish a uniform pay and classification plan for classified employees,
Similarly, in New Orleans Firefighters Association Local 632 v. City of New Orleans, 91-0969,(La.1991), 590 So.2d 1172, 1175, this Court held that the City Civil Service Commission has “the exclusive power to adopt rules regulating the classified service in the areas specifically enumerated in Section 10(A)(1) and the city governing authority cannot constitutionally infringe on the Commission‘s exercise of this power.” In sum, the State Civil Service Commission argues that “there is no more clearer principle in Louisiana constitutional law than that the State Civil Service Commission has authority exclusive to that of the Legislature to regulate compensation for state classified employees such that the Legislature may not give a raise in pay to state classified employees.”
Conversely, Appellants, Robert Hecker, Chief of the Port of New Orleans Harbor Police, et al., argue that while the Constitution limits the plenary power of the Legislature regarding a “uniform pay plan” it does not limit the Legislature‘s plenary power to grant civil service employees “supplemental pay.” Thus, Appellants make a distinction between “uniform pay” and “supplemental pay.” Furthermore, appellants argue that because
Exclusivity of Commission‘s powers
The Legislative history and jurisprudence regarding the authority of the Civil Service Commission indicates that its enumerated powers and duties were meant to be exclusive. The Louisiana Constitution has detailed provisions for the Civil Service Commission since 1952. Provisions for the Commission were placed in the Constitution so that the system could only be repealed or modified by a vote of the people, thereby removing the system from the control of a temporary majority of the Legislature. New Orleans Firefighters Association Local 632, AFL-CIO, et al. v. City of New Orleans, supra, at 1175, FN2, quoting 3 Projet of a Constitution for the State of Louisiana 572 (1954). The delegates to the 1973 Constitutional Convention adhered to this theme by rejecting an amendment that would have allowed the Legislature by a two-thirds vote to change the nature and powers of the Commission. Id. quoting, 9 Records of the Louisiana Constitutional Convention of 1973: Convention Transcript pp. 2595, 2633.
In Strickland v. State, Office of the Governor, 525 So.2d 740, 743 (La.App. 1st Cir.1988), the First Circuit Court of Appeal acknowledged that
Article X of the constitution evidences an intention to grant exclusive jurisdiction to the Commission in those areas where the Commission has exercised its “broad and general rule-making” power. Unless that jurisdiction is exclusive, the orderly fashion of resolving employer-employee related disputes will be disrupted if the employee can forum shop between the Commission and the courts.
Similarly, the First Circuit Court of Appeal, in Leger v. Louisiana State University, 601 So.2d 20, 21 (La.App. 1st Cir.1992), held that:
Pursuant to
La. Const. Art. 10, Sect. 10 the Commission has the authority to administer and regulate matters such ascompensation and reductions in pay. The Commission has exclusive jurisdiction in areas where the Commission has exercised its broad rule-making powers.
Also, this Court in Lafleur v. City of New Orleans, 2001-3224 (La.14/4/02), 831 So.2d 941, held that “a city civil service commission has the exclusive power to adopt rules regulating the classified service in the areas specifically enumerated in Section 10(A)(1), and the city governing authority cannot constitutionally infringe on the commission‘s exercise of this power.” This holding was also cited by this Court in Civil Service Commission of the City of New Orleans v. The City of New Orleans, 02-1812 (La.9/9/03), 854 So.2d 322, 328, and in Firefighters, supra, at 1175. Thus, the exclusive authority of the Civil Service Commission over areas specified in
Supplemental Pay
Likewise, the legislative intent and jurisprudence regarding the Civil Service Commission‘s authority to regulate “compensation and disbursements” and to adopt a “uniform pay and classification plan,” as provided by
A plain reading of
Furthermore, previous courts have recognized “supplemental pay” as part of compensation. This court in Firefighters, supra, at 413, stated that “Our courts have consistently held in a variety of contexts that state supplements are to be considered as part of the overall level of compensation due to employees.” In Hebbler v. New Orleans Fire Department, 310 So.2d 113, 115 (La.1975), this Court held that state supplemental pay was part of a fireman‘s salaries and wages. Also, in Latino v. City of Bogalusa, 295 So.2d 560 (La.App. 1st.Cir.1974), the First Circuit Court of Appeal held thаt city policemen were entitled to have their overtime pay computed not only on the basis of their city salary but also with the inclusion of their supplemental pay. Therefore, “compensation,” as identified in
Next, Appellants, Harbor Police, and Intervenor, the Fraternal Order of Police, and the Attorney General, argue that
The pertinent part of
Section 14. (A) No law or state executive order, rule, or regulation rеquiring increased expenditures for any purpose shall become effective within a political subdivision until approved by ordinance enacted, or resolution adopted, by the governing authority of the affected political
subdivision or until, and only as long as, the legislature appropriates funds for the purpose to the affected political subdivision and only to the extent and amount that such funds are provided, or until a law provides for a local source of revenue within the political subdivision for the purpose and the affected political subdivision is authorized by ordinance or resolution to levy and collect such revenue and only tо the extent and amount of such revenue. This section shall not apply to the school board. (B) This section shall not apply to:
(5) A law providing for civil service, minimum wages, hours, working conditions, and pension and retirement benefits, or vacation or sick leave benefits for firemen and municipal policemen.
Appellants, argue that this Court, in Firefighters, supra, held that state supplemental pay for firemen was outside the Civil Service Commission‘s authority and that state supplemental pay for firemen did not infringe on the Commission‘s powers.
Intervenor, the Fraternal Order of Police, asserts that the disputed statute in the present case, like the supplemental pay statute in Firefighters, falls under the “minimum wage” power of the Legislature as codified in
The Attorney General argues that this Court addressed
The Harbor Police, which the supplemental pay raise at hand benefits, definitely provide a municipal service to all of the Port of New Orleans, the major water thoroughfare into the United States, and it can be argued that they are municipal even though the municipality itself does not pay them. Art. VI, section 14 of the Constitution protects groups, suсh as the harbor police, who are in fact paid by other political subdivisions outside their municipality. The legislature is better attuned to coordinate these political subdivisions in order to assure that these policemen get their fair share in the area of salary and pay increase.
In opposition, the State Civil Service Commission distinguishes the Firefighters case from the present matter. First, the State Civil Service Commission argues that Firefighters addressed the fixing of a minimum wage, not supplemental pay, as in the present case. Second, the State Civil Service Commission argues that
Thus, the Civil Service Commission argues that appellants reliance on Firefighters is misplaced.
We agree that
In interpreting the purpose of the statute, this Court held the following:
There is nothing in the wording of Art. 6, section 14 that restricts the power of the legislature to enact minimum wage and working condition laws for firemen. On the contrary, this power is expressly reserved to the legislature as an exception to the provision‘s restraint upon laws increasing the financial burden of political subdivisions. Id. at 407.
In Firefighters, this court reviewed the 1973 constitutional convention proceedings in determining the legislative intent of the statute. It was noted that “the record of the convention proceedings indicates that the legislature‘s power to set minimum wage and labor standards prevailed because of the obviously compelling state interest in providing citizens with more effective police and fire protection.” Id. at 409. Further, this Court determined that the “driving force in retaining the legislative prerogative was a widely perceived need for state government to address vigorously the problems of rising crime, riots and other public disorders which had become prevalent in the 1960‘s and early 1970‘s.” Id. Thus, this Court held that the Civil Service Commission was not free to ignore the legislative commandment of
The supplemental pay statute in Firefighters was upheld because of the express provision of
Lastly, Intervenor, the Fraternal Order of Police, argue that the Civil Service Commission‘s authority does not limit the Legislature‘s prerogative to deal with public safety. Public safety is of vital interest and concern to the citizens of Louisiana, particularly in an age of international terrorism, according to Intervenor. In suppоrt of their claim, Intervenor make the following arguments:
If the State gave the Harbor Police supplemental pay to compensate them for their vital role in protecting the Port and the State in the current terrorist threat, no one could possibly object. The fact that the Legislature amended the supplemental pay statute before 9/11 should make no difference at all. The State‘s police powers should include the power to anticipate a threat. The State should not have to wait until the Port is destroyed to enact legislation to protect it!
This argument was soundly rejected by the First Circuit Court of Appeal in the instant case, State Civil Service Commission, supra, at 607. The First Circuit noted that,
The defеndants presented no empirical data nor other documentation to prove that the legislation was passed in response to heightened security needs in the area of the Port of New Orleans, nor has it been shown that due to the lack of sufficient compensation, there has been an inability to maintain a sufficient, active police force to patrol the Port of New Orleans.
Further, the Court added,
The defendant‘s assertion in brief appears to be a blatant attempt to bootstrap the traumatic events of recent years to the otherwise unconstitutional action of the legislature in enacting legislation in derogation of the authority of the Commission, as pronounced in
La. Const. Art. X, section 10(A)(1) .
We are sympathetic to the economic plight of Louisiana‘s police officers, particularly during a time of increasing threats to our nation‘s shores and borders. However, like the Court of Appeal before us, we conclude that defendant‘s argument—that the disputed statute at issue is a constitutional exercise of the Legislature‘s police powers—is without merit. Inalienability of police power does not preclude its delegation to municipalities and other governmental subdivisions as those entities are also part of the total government of the state. City of New Orleans v. Board of Commissioners of the Orleans Levee District, 93-C-0690 (La.7/5/94), 640 So.2d 237. The people of the State through their constitution may vest and define police powers in municipalities and other governmental subdivisions. Id. at 250. The Louisiana Constitution granted exclusive powers to the Civil Service Commission. Those powers should be upheld and not abridged by this Court.
CONCLUSION and ORDER
We conclude that
CALOGERO, C.J., additionally concurs with reasons.
CALOGERO, Chief Justice, additionally concurring.
I agree with the majority‘s conclusion that
The majority now embraces the exact argument I set forth in Fraternal Order of Police in order to affirm the court of appeal‘s finding in this case that
Notes
LSA-R.S. 34:21. Rights and powers of board in general.
A. (1) The board of commissioners shall regulate the commerce and traffic of the port and harbor of New Orleans in such manner as may, in its judgment, be best for the maintenance and development thereof.
(2) However, such regulation of such commerce and traffic including international commerce in the parish of St. Bernard shall be governed by the provisions of R.S. 34:1701 et seq.
B. It shall be the duty of the board:
(1) To have charge of, and administer the public wharves, docks, sheds, and landings of the рort of New Orleans which are owned and operated, or which may be purchased, acquired, or operated by the board.
(2) To construct new wharves and other structures when necessary.
(3) To erect sheds and other structures on such wharves and landings.
(4) To place and keep these wharves and landings, sheds, and other structures in good condition.
(5) To maintain proper depths of water at all such wharves and landings.
(6) To provide mechanical facilities for the use of such wharves, landings, sheds, and other structures.
(7) To provide light, water, police protection, and any other services for such wharves, landings, and sheds, as it may deem advisable.
(8) To finance erect, and operate all basins, locks, canals, and warehouse elevators.
(9) To charge for the use of all facilities administered by it, and for all services rendered by it, such fees, rates, tariffs, or other charges as it may establish.
LSA-Const. Art. 10, Section 10. Rules; Investigations; Wages and Hours
Section 10. (A) Rules. (1) Powers. Each commission is vested with broad and general rulemaking and subpoena powers for the administration and regulation of the classified service, including the power to adopt rules for regulating employment, promotion, demotion, suspension, reduction in pay, removal, certification, qualifications, political activities, employment conditions, compensation and disbursements to employees, and other personnel matters and transactions; to adopt a uniform pay and classification plan; to require an appointing authority to institute an employee training and safety program; and generally to accomplish the objectives and purposes of the merit system of civil service is herein established. It may make recommendations with respect to employee training and safety.
LSA-Const. Art. 4, Section 21. Public Service Commission
Section 21. (B) Powers and Duties. The commission shall regulate all common carriers and public utilities and have such other regulatory authority as provided by law. It shall adopt and enforce reasonable rules, regulations, and procedures necessary for the discharge of its duties, and shall have other powers and perform other duties as provided by law.