HAROLD MARCELL PARKER JR v. LIVINGSTON PARISH GOVERNMENT ET AL (2026)

Writ application granted. See per curiam.

CRC

JLW

JDH

JBM

PDG

Supreme Court of Louisiana April 09, 2026

SUPREME COURT OF LOUISIANA

No. 2025-C-01598

HAROLD MARCELL PARKER, JR.

VS.

LIVINGSTON PARISH GOVERNMENT, ET AL.

On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Livingston

PER CURIAM.^*

Writ granted in part. Any person who has reason to believe that the provisions of Louisiana's Open Meetings Law, La. R.S. 42:11 et seq., have been violated may institute enforcement proceedings. La. R.S. 42:25(C). The proper defendant under La. R.S. 42:25 is the public body alleged to have violated the Open Meetings Law, and the statute provides for the recovery of attorney fees. La. R.S. 42:26(C).¹

Louisiana Revised Statutes 42:28, provides a distinct cause of action against an individual member “of a public body who knowingly and wilfully participates in a meeting” conducted in violation of the Open Meetings Law.² The remedy provided under La. R.S. 42:28 is a $500.00 civil penalty for each violation. Id. At issue here, is whether attorney fees authorized pursuant to R.S. 42:26 may additionally be recovered against an individual member liable for penalties under La. R.S. 42:28.

“As a general rule, attorney fees are not allowed in Louisiana unless they are authorized by statute or provided for by contract.” Langley v. Petro Star Corp. of La., 2001-0198, p. 3 (La. 6/29/01), 792 So.2d 721, 723 (citing Sharbono v. Steve Lang & Son Loggers, 97-0110, p. 7 (La. 7/1/97), 696 So.2d 1382, 1386). Additionally, it is well settled that attorney fee statutes are penal in nature and are to be strictly construed. Louisiana Bag Co. v. Audubon Indemnity Co., 08-0453, p. 25 (La. 12/2/08), 999 So.2d 1104, 1120.

In this case, Plaintiff, Harold Marcell Parker, Jr., brought an action against Defendant, the Livingston Parish Government, pursuant to La. R.S. 42:25. Mr. Parker also brought an action against the defendant councilman, Joseph Erdey, individually, under La. R.S. 42:28. Considering our duty to strictly construe the relevant statutes, we find that an individual council member should not be liable for an award of attorney fees under La. R.S. 42:26.

Under R.S. 42:28 the recovery against an individual council member is limited to an award of a $500.00 civil penalty for each knowing and willful violation of the Open Meetings Law. Therefore, we find that the courts below legally erred in finding Defendant, Joseph Erdey, liable for attorney fees.

Accordingly, we grant this writ in part, reverse the appellate court's affirmation of the attorney fee and amend that portion of the trial court's judgment casting Joseph Erdey liable for any attorney fees. The Livingston Parish Government is responsible for the payment of the attorney fee award. The judgment against Mr. Erdey for $500.00 in civil penalties is affirmed.

The appellate court is hereby reversed in part, and the trial court's judgment is amended to render an award of attorney fees pursuant to La. R.S. 42:26(C) in favor of Plaintiff, Harold Marcell Parker, Jr, in the amount of $37,042.26 against the Livingston Parish Government. In all other respects, the writ is denied.

Writ granted in part; reversed in part; judgment rendered as amended.

FOOTNOTES

FOOTNOTE.   Judge Allison H. Penzato of the Court of Appeal, First Circuit, appointed as Justice pro tempore, sitting for the vacancy in the First District.

1.   La. R.S. 42:26(C) provides:If a party who brings an enforcement proceeding pursuant to R.S. 42:25 prevails, the party shall be awarded reasonable attorney fees and other costs of litigation. If such party prevails in part, the court may award the party reasonable attorney fees or an appropriate portion thereof.

2.   La. R.S.42:28 provides:Any member of a public body who knowingly and wilfully participates in a meeting conducted in violation of this Chapter shall be subject to a civil penalty not to exceed five hundred dollars per violation. The member shall be personally liable for the payment of such penalty. A suit to collect such penalty must be instituted within sixty days of the violation.

Guidry, J., recused. Penzato, J., recused.