aye 2820 AN pectin atte ea eput Sik af unt J (rnc SST, gy ©-20282326 ] RICKEY BOUDREAUX, IN HIS OFFICIAL* —_15 JUDICIAL DISTRICT COURT CAPACITY AS THE YOUNGSVILLE CITY * CHIER OF POLICE, and * CITY OF YOUNGSVILLE . Versus * DOCKETNO.: CITY OF YOUNGSVILLE * THROUGH THE * YOUNGSVILE CITY COUNCIL * LAFAYETTE PARISH, LOUISIANA HERR EE HEN EEE CE TER EE ERE EE ETOH COMMONS EERE EEE EEST ETITION FOR DECLARATORY JUI ND INJUN' 1a ‘NOW INTO THE COURT, through the undersigned counsel, comes Petitioner, Rickey Boudreaux, in his official capacity as the elected Chief of Police for the City of Youngsville, petitions the Court for a Judgment declaring the Youngsville City Council Resolution No, 2023-08 and 2023-09 null, void, and without effect, because it violates the Lawrason Municipal Corporations Act, and enjoining the Youngsville City Council from acting in furtherance of Resolution No, 2023-08, PARTIES AND VENUE L Petitioner is Rickey Boudreaux (“Chief Boudreaux”), in his official capacity as the elected Chief of the Youngsville Police Department. 2. ‘Made Defendant is the City of Youngsville through the Youngsville City Council (the “Council”), a political subdivision in Lafayette Parish, Louisiana, The City of Youngsville is a juridical entity capable of being sued, and service is proper through the Mayor Pro Tempore, Matt Romero. 3. ‘This Court has jurisdiction over this matter pursuant to La. Code Civ. Pro. Art. 6. Venue is proper in this Court through La. R.S. 13:5104. FACTS AND LAW 4 Rickey Boudreaux was elected Chief of Police for the City of Youngsville on Tuesday, November 4, 2014, with 59% of the vote and re-elected without opposition in 2018 and 2022. + https://voterportal.sos.la.gov/graphical3. According to the City of Youngsville website, “Betveen the years 1990 and 2005, Youngsville had statistically become Louisiana's fastest growing town with a population increase of over 300%, Due to the tremendous growth, Youngsville was declared a city by Governor Kathleen Blanco in 2005. The Mayor and five (5) Councilmen will still govern the City of Youngsville. "? 6. In March of 2023, the Youngsville City Couneil notified the public of a special meeting pertaining to Resolution No, 2023-08. According to the Special Meeting Agenda, Resolution No. 2023-08 - A Resolution of the Youngsville City Council authorizing and directing the Mayor to secure an independent investigation of the Youngsville Chief of Police. * 7 ‘On March 30, 2023, the Youngsville City Couneil voted to approve Resolution No. 2023- 08, which stated the following Resolution No. 2023-08 — A Resolution of the Youngsville City Council authorizing and directing the Mayor fo secure an independent investigation of the Youngsville Chief of Police. Motion made by Ken Stansbury, seconded by Simone Champagne, adopting Resolution No. 2023-08, as amended to include that the scope of the independent investigation shall begin from the swearing-in of Chief Boudreauc’s first term to the current day and further Authorizing the Youngsville City Attorney to seek out (3) human resources law firms to be presented to the City Council at its regular Council meeting on April 13° 8. In April of 2023, the Youngsville City Council posted notice of the Youngsville City Counci} Meeting and under Agenda item 8.1, identified Resolution No. 2023-09 ~ A Resolution authorising the City Attorney to obtain a law firm for an independent investigation of the Youngsville Chief of Police on behalf of the City of Youngsville.* 9. On Aptil 13, 2023, the Youngsville City Council voted to table Resolution No, 2023-09 ‘until the May 11, 2023 City Council Meeting.¢ IRREEEEe eeeeeeecree 2 hetps://wwweyoungsuille.usfabout-youngsville/youngsville= Hae etc betweent0the% 20yets%201990%20and,Governor&20kathleenX2OBlancoH 20202005, 2 exhibit A 4 exhibit 8 5 exhibit © © exhibit D10. ‘The Youngsville City Council, Youngsville Mayor, and Youngsville Chief of Police are all governed by the Lawrason Municipal Corporations Act (the Lawrason Act).” I. Chie? Boudreaux is a municipal officer according to the Lawrason Act.* Additionally, he possesses the“... general responsibility for law enforcement in the municipality and shall be charged with the enforcement of all ordinances within the municipality and all applicable state laws. Chief Boudreaux has the statutory authority to supervise and control the police department, personnel, and equipment. This power is subject only to the statutory rights reserved to the mayor and board of alderman.” 12, ‘According to Resolution 2023-08, “...the scope of the independent investigation shall begin from the swearing-in of Chief Boudreau s first term to the current day...”. The Resolution identifies who is being investigated and the timeframe of the investigation; however, the resolution does not state what is being investigated. 1B. ‘Atno time, either before passing Resolution 2023-08, or tabling Resolution 2023-09, was Chie? Boudreaux informed of specific allegations warranting any investigation of such breadth and scope, 14. “The expansive nature of the Resolution would allow the Youngsville City Council through a third-party law firm, to impermissibly “investigate”, or manage the day-to-day operations of the Youngsville Police Department, while usurping control ofthe elected Police Chief in violation the Lawrason Act. 7 [SARS 33:321 ~All mimicipalies shall be governed by the provisions this Part except those mariipalites pprorned by especial lagilatve carer ora ome rie charter or plan of government adopted pursant 0 Article Viof the Constitution of Louisiana 8 SARS. 33:381 9 ISARS. 33:423 «a anti. Oty of Kenner, 252 La. 423, 211 So.2d 311(1968); Cogswell Town of Logansport, 321 So.2d 774 la.App. 2Cir. 1975)and Resolution No. 2023-09 are null, void, and without effect, in furtherance and in accordance with the permanent injunction. — Respectfully Submitted Please Serve: ere ees PAT MAGEE LAW FIRM, LLC Matt Romero, Mayor Pro Temmpore, Youngsville City Hall 201 Iberia St. Youngsville, LA. 70592 "PATRICK D. MAGEE 412 Travis Street Ste. 109 P.O. BOX 51676 Lafayette, LAA 70505 337) 476-2433 — Telephone (337) 376-2000 - Fax [email protected] ‘Attomay for Rickey Boudreaux, in his official capacity asthe Youngsville Chiet of Police CERTIFICATE 1 HEREBY CERTIFY that a copy of the above and foregoing pleading has this day been forwarded to Wade Trahan, Youngsville City Attomey, via e-mail. Lafayette, Louisiana, this S_ ay of May, 2023. = PATRICK D. MAG!RICKEY BOUDREAUX, IN HIS OFFICIAL* —_ 15 JUDICIAL DISTRICT COURT CAPACITY AS THE YOUNGSVILLE CITY * CHIEF OF POLICE, and * CITY OF YOUNGSVILLE 7 Versus i CITY OF YOUNGSVILLE . THROUGH THE * YOUNGSVILE CITY COUNCIL * LAFAYETTE PARISH, LOUISIANA. RRS SERA OE HS RARER EDT AR EEE ERE E TES ORES ERE SESE EA ERIE ORDER ITIS ORDERED the Youngsville City Council show cause before the Court on the ___Day of May, 2023 at__ o'clock a.m, why this Court should not issue preliminary and subsequent permanent injunction enjoining Defendant from acting in furtherance of Youngsville City Council Resolution No. 2023-08 and Resolution No. 2023-09. Signed in Chambers on Day of May, 2023 Judge, 15% JDC