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    Court of Appeal

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    9K views15 pages

    Court of Appeal

    Uploaded by

    KALB DIGITAL
    Court of Appeal

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 15
    STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 23.398 GLENN GOUDEAU VERSUS AVOYELLES PARISH POLICE JURY APPEAL FROMTHE. TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO, 2023-1077-B. HONORABLE WILLIAM J. BENNETT, DISTRICT JUDGE D.KENT SAVOIE JUDGE Court composed of Elizbath A. Picket, D, Kent Savoie, nd Sharon Darville Wilson, dges. MOTION TO STRIKE GRANTED. VACATED AND REMANDED. Stacy C. Awrenne ‘Auzenne Law Firm, LLC P.O, Box 11817 Alexandria, LA 71315, (G18) 880-0087 ‘COUNSEL FOR DEFENDANT-APPELLANT: ‘Aveyelles Parish Potice Jury Dannie P, Garrett, IL Attorney at Law 635 Maint, Unit #3 Baton Rouge, LA 70801 (225) 382.4333. ‘COUNSEL FOR PLAINTIFF-APPELLEE: Glenn Gouden SAVOTE, Judge. ‘The Avoyelles Parish Police Jury (APPI) appeals the judement ofthe trial court granting a Writ of Mandamus and making it peremptory that ordered the APPY to call an election for October 14, 2023, forthe purpose of electing members of a home rule charter commission pursuant to La.RS. 32:1395, Pursuant to a joint ‘motion of the pares, we expedited this appeal forthe purpose of issuing a ruling before July 11, 2023, the deadline for submission to the Louisiana Secretary of ‘State's office of any issue or election tha wil be placed on the October 14,2023 bao facts: ‘Glenn Gouden, a repstered voter of Avoyelles Paish anda signatory ofa petit submitted tothe APPS, filed «Petition fora Writ of Mandamus on May 10,2023. He alleges in his petition for Wat of Mandamus that petition to cll for an election of & home rule charter commission was presented wo Jamey Wiley, the Seeretary-Treasurer ofthe APP, (the de facto cle, as admitted by the APPS) ox “March 2, 2023. The petition father alleges thatthe Registrar of Voters verified that ‘the petition submited to Wiley contained the signatures of more than en percent of| the eects of Avoyelles Parish. Louisiana Revised Statute 33:1395 sates ‘A. Any parish or municipality may draft, adopt, or amend « bome rule charter, The metiod fo be usod isthe charter commission, which ‘an either be eppointed by the governing body or elected by the people BLA charer commission must be elected when the clerk of a runiipalit or parish s presented witha petition for th election of {bore rule charter commission as provided in Article VI. Seetion 5B) ofthe Louisiana Constitution of 1974 signed by not lest than ten percent ofthe electors or ten thousand electors, whichever fewer, who live within the boundaries ofthe affected municipality or parish as cenified by the registrar of voters, and the governing tuthority of the municipality or parish sal cal an election t elect _scommistion to prepare and propose ame ule charter alternate ‘haner. The election of the commission shall be called by the governing authority of the municipality or parish and on the next date allowed under the provisions of RS. 18:402 for a primary or general election, special election, or bond, tax, or aer election but fot ess than one hundred twenty days after the petton i presented tothe clerk. Any such olction shall etherwise be held pursuant to ‘nd in accordance with the elton law ofthe sate. Additionally, Lousiana Consiution Aree 6, § 5, provides, in pertinent part: Section 5, (A) Authority to Adopt; Commission. Subject (0 and not inconsistent with this constitution, any local governmental Subdivision may dre, adopt, or amend a home rule charter in accordance with this Section. The governing authority of a local ‘governmental subdivision may appoint « commission to prepare and ‘propose a charter or an alternate charter, or it may call an eletion to ‘let sch & commission, (B) Petition to Elect Commission. The governing authority shal call an election fo elet such a coramisson when presented witha peition signed by not less than Len percent of the electors or ten ‘howsand electors, whichever is fewer, who live within the boundaries ‘ofthe affected subdivision, as ezrtfed by the egistar of vores, ‘Goudeus further alleged thatthe next avilable election date is October 14, 2023, which ie more than 120 days from the date the petition was submited othe clerk, Godeau alleges that on May 9, 2023, the APPJ considered a resolution to call forthe eletion ofa home rule carter comission but rejected the resoltion by ‘vole of four to five. Goudeau argued thatthe calling ofan election pursuant to LaRS. 31395 is mandatory and purely ministerial, and thatthe cout should issue an akeraive Writ of Mandamus dircted tothe APPJ pursuant to La Code Civ.P. ‘art, 3865. Goudeau also sought court costs and attomey fs for this aston. ‘Goudeau concluded his petition by praying that the cour issue an alteretive Writ of Mandamus ordering the APPJ 1 call an election for home rule charter ‘commissioners on October 14, 2023, of fo hold a hearing at which the APPS ean show catse why the Writ of Mandamus should not be made peremptory. Attached 1 Goudea's pation were three documents: (Ue leer from Groria Moreas, the Registrar of Voters of Avoyelles Parish, ‘cenfyng that more than fen perceat ofthe electors signed the petition to cle: ‘home rule charter commission, dated Mareh 2, 2023; (@)the list oFelestion dates for 2023; and (@)a cried copy ofthe resolution considered and rejected by the APPI on May 9, 2023, oll fora election of home rile charter commissioners ‘The tial cou issued 8 ruling ona atemstive Writ of Mandamus on May 11,2023 and ordered APP to appear on May 22,2023, to show cause why the Wri ‘of Mandamus should ot be made peremptory. The earings rescheduled fo May 26,2023 (OaMay 23,2023, APP filed an Exception of No Cause of Acton anos No Right of Action. APP! argued that he signatures cried by the Registrar of Voters 2 yall ecctors ae defective forthe following reasons ()maadstory information, such as date of birth and precinct and ward number, tomissing forthe 2,458 cerfed signatures, etiag La.RS. 18:3; (Qe signed petitions were presented on five dates berween January 30 and March 1, 2023, and are shor of the requisite number of signatures, (organizers of the home rule chartcr commission petition pid people to gather signatures; ‘A)ibepetitions lac date and time stamps from the Registrar of Voters office; (ye signatures lack a witnes signature or the date ofthe witness signature does solcortlate othe date ofthe voter's signature, (thre signatures were dated 6/12/22 bx were not stamped by the Registrar of| ‘Votes office until January 30, 2023; (some witness signatures were witnessed after the voter signed the petition; (S)some witness signatures were illegible, ()some voter signatures were witnessed in advance ofthe voter signture; and (10) some voter signatures were witnessed ater receipt of the} Registrar of Votes On by the APPT ergued tha its knowlege of these imegularites inthe election of the ‘signatures the form ofthe signatures and the patton, and he timing ofthe signed titions othe Registrar of Voters ge it the discretion o reject the ptiion calling foranclestion ofbome rule charter commissioners Thus, Gouda couldnt state case ofaction oa ight of ation to seeks Wet of Mandamns, which only apis {oa ministerial achat a public oficial lacks any escstion operon, [APP sough dismissal ofthe Wet of Mandamus. Fnslly, APPY sought court costs andatorey fes from Goudeau -APPY also fled an Answer tothe Petition for Writ of Mandamus nd Third any Demand on May 28,2023. In ts answer, illgod as affine defenses the same iegulces it lied in its exception, ctng violations of LARS. 18:3 and Avorney General Opinions 09.26 and O1-71. I also muntined that it wae within ‘he APPY's discretion as tthe method of appointment of he members ofthe home sl are commision Ins tied party demand, APPS named asa defendant lors Morea, the AvoyelesParish Registrar of Voter slleging bathe cetestion ofthe signatures, which did not meet the legl requirements, caused the APPY “considerable

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