Jefferson Parish Firefighters Ass'n of La. Local 1374 v. Parish of Jefferson

• Decision Date: 12 June 2013
• Docket Number: No. 13–CA–40.,13–CA–40.
• Parties: JEFFERSON PARISH FIREFIGHTERS ASSOCIATION OF LOUISIANA LOCAL 1374 and its President Robert Burkett v. The PARISH OF JEFFERSON and the Jefferson Parish East Bank Consolidated Fire Department.
• Court: Court of Appeal of Louisiana — District of US

117 So.3d 246

JEFFERSON PARISH FIREFIGHTERS ASSOCIATION OF LOUISIANA LOCAL 1374 and its President Robert Burkett
v.
The PARISH OF JEFFERSON and the Jefferson Parish East Bank Consolidated Fire Department.

No. 13–CA–40.

Court of Appeal of Louisiana,
Fifth Circuit.

May 23, 2013.
Rehearing Denied June 12, 2013.

[117 So.3d 247]

Louis L. Robein, Jr., Christina L. Carroll, Attorneys at Law, Robein, Urann, Spencer, Picard & Cangemi, Metairie, LA, for Plaintiff/Appellant.

Guice A. Giambrone, III, Craig R. Watson, Kelly A. Dugas, Attorneys at Law, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges JUDE G. GRAVOIS, ROBERT A. CHAISSON, and ROBERT M. MURPHY.

ROBERT M. MURPHY, Judge.

[5 Cir. 2]Jefferson Parish Firefighters Association of Louisiana Local 1374, and its President, Robert Burkett, et al. (collectively, “Firefighters”), ¹ appeal the trial court's September 21, 2012 judgment granting defendants, the Parish of Jefferson and the Jefferson Parish East Bank Consolidated Fire Department's (collectively, the “Parish”) cross-motion for summary judgment dismissing with prejudice all of the Firefighters' claims for declaratory judgment and supplemental injunctive relief. The Firefighters sought to compel recalculation of their pay and reimbursement of a 2006 pay increase provided by the Parish “Red Book Ordinance” and withheld by the Parish. For the reasons that follow, we affirm in part, reverse in part, and remand.

[5 Cir. 3]FACTS AND PROCEDURAL HISTORY

This is a pay dispute between the Firefighters and the Parish: State law mandating a 2% “longevity pay” for firefighters after three years of continuous service up to and including 20 years pursuant to La. R.S. 33:1992(B); ²La. R.S. 33:2002(A)(1) providing that the Firefighters receive “supplemental pay” from the State; ³ and the Parish providing raises at the same time set forth in Jefferson Parish's Red Book Ordinance, a 5% increase for years one to 15 and a 2 1/2% increase to the 25th year. Jefferson Parish Ordinance 18226

[117 So.3d 248]

(Mar. 13, 1991).⁴

Computation of the Firefighters' increases and wages is addressed by State statute. La. R.S. 33:2004(D) provides that additional compensation paid by the State shall be included in the calculation of total wages.⁵La. R.S. 33:1992(B)[5 Cir. 4]provides that the base pay and accrued longevity shall be used in computing State-mandated 2% longevity pay.

On April 6, 2006, the Firefighters, through the unincorporated association, Jefferson Parish Firefighters Association of Louisiana Local 1374, and its chief executive officer, Robert Burkett,⁶ filed a petition for declaratory judgment and supplemental injunctive relief seeking back pay, alleging that the Parish's exclusion of State Supplemental Pay from the calculable base for determining their annual pay raises was in error. The Firefighters sued for retroactive and prospective pay adjustments based on State mandates. The Firefighters sought a declaration that Rule V, Section 8 of the pre–2009 Red Book Ordinance, which excluded State supplemental pay from the calculable base for determining raises, was unenforceable as it conflicted with State law requiring its inclusion. SeeLa. R.S. 33:2004(D). They further sought a mandatory injunction and supplemental relief via a declaratory judgment with respect to the recalculation of pay. The Firefighters also asserted a separate claim against the Parish for withholding their post-Katrina 2006 pay raise as set forth in the Parish's Red Book.

[117 So.3d 249]

They also seek the difference, 3% or .5%, between the 2% raise paid in 2006 and the scheduled Red Book increases.

On May 14, 2012, the Firefighters and the Parish agreed to submit the issue of liability to the trial court on the basis of cross-motions for summary judgment, [5 Cir. 5]reserving damages, if any, for a subsequent proceeding. ⁷ The motions were heard on August 27, 2012.

The motions were taken under advisement. On September 21, 2012, the trial court denied the Firefighters' motion for summary judgment and granted the Parish's cross-motion for summary judgment, dismissing all of the Firefighters' claims with prejudice.

In its assigned reasons for judgment, the trial court cited La. R.S. 33:2004(D) and held that the State additional compensation must be included in the calculable base for determining the Firefighters' pay increases. For the years that the Firefighters received an increase in which State supplemental pay was not specified as part of their raises, for which the Firefighters seek retroactive payment, the trial court found that the Parish was entitled to a set-off for its more generous Red Book increases provided to the Firefighters. The trial court further denied retroactive payment on finding that considering the ample “set-off,” the Firefighters had failed to prove up any damages, an essential element of their claim. As for fiscal year 2006, for which the Firefighters' raise consisted only of the State-mandated longevity increases, but not the scheduled Red Book raises, the trial court found the Red Book raises discretionary. It found that any additional increase above the State-mandated 2% was dependent on the availability of funds and that the 2006 freeze was supported by sufficient evidence of the uncertainty of post-Katrina/Rita property tax collections in Jefferson Parish.

The trial court ruled that in Title 33, the Legislature intended with its police power, that firefighters in certain municipalities, receive as compensation State-mandated longevity increases above their prior year's wages combined with State supplemental pay. It found this minimum was met with the Parish's payment of [5 Cir. 6]the Red Book schedule. The trial court further found that the Parish presented sufficient evidence of the uncertainty of funding due to Katrina, per former Parish CFO Nancy Cassagne's testimony, to warrant its exercise of discretion in awarding only the minimum 2% State-mandated longevity increase in 2006.

On September 28, 2012, the Firefighters devolutively appealed the September 21, 2012 summary dismissal of their claims.

ISSUES

The Firefighters contend that the Parish failed to calculate and pay pre–2009 Red Book-guaranteed annual longevity pay raises of either 5%, for the first 15 years of service, or 2.5%, for years 15 to 25, on a “total wage” basis, that is considering local Parish pay in addition to State supplemental pay. The Firefighters contend that State-mandated accrued longevity pay, at La. R.S. 33:1992(B) and La. R.S. 33:2004(D), obligates the Parish to include the amount of State supplemental pay in the base pay or “total wages” for all pay and benefit calculations.

As for the 2006 skipped raise, the Firefighters contend that the Parish failed to implement full pay raises in fiscal year 2006 (either 5.0% or 2.5%), despite an express

[117 So.3d 250]

Red Book provision calling for such raises. The Firefighters challenge the Parish's decision to award only a 2% longevity raise in 2006 equal to the State-mandated raise of La. R.S. 33:1992(B). The Firefighters argue that the Red Book sets the Firefighters apart from other Parish employees by specifically requiring yearly Firefighter pay raises. They further argue that since there was no repeal or amendment of the Red Book ordinance, via the procedure set forth in Rule III, Section 2 of the Ordinance, the Red Book raises were due in 2006.

The Parish responds that the Firefighters' claims were properly dismissed by the trial court because the Parish substantively complied with State law in prior [5 Cir. 7]years when it paid out longevity raises under the Red Book Ordinance that exceeded the minimum State-mandated longevity raises, other than in 2006.

The Firefighters concede that each year (except 2006) they received more in compensation under the Red Book provisions than they would have otherwise received if the Parish had merely complied with State law. The Firefighters contend, however, that State supplemental pay must be included in the Red Book wage calculation.

STANDARD OF REVIEW

Appellate courts review the granting of a summary judgment de novo under the same criteria governing the trial court's consideration of whether summary judgment is appropriate. Dean v. Ramos Corp., 00–1621 (La.App. 5 Cir. 2/28/01), 781 So.2d 796. Questions of law, such as the proper interpretation of a statute, are reviewed under the de novo standard of review. Red Stick Studio Dev't, L.L.C. v. State of Louisiana, et al., 10–193, p. 9 (La.2011), 56 So.3d 181, 187;See also Olde Nawlins Cookery, L.L.C. v. Edwards, 09–1189 (La.App. 1 Cir. 5/3/10), 38 So.3d 1012 (proper interpretation of an ordinance is reviewed under de novo standard).

Appellate courts review a district court's decision to grant or deny a declaratory judgment using the abuse of discretion standard. City of Kenner v. Kyle, 02–1262 (La.App. 5 Cir. 4/8/03), 846 So.2d 34. The trial court's grant or denial of injunctive relief...