Memorandum In Support Of J

CIVIL SUIT NUMBER: 230,927 DIVISION: “G” RICHARD J. HEATH

NINTH JUDICIAL DISTRICT COURT

VERSUS

PARISH OF RAPIDES

CITY OF ALEXANDRIA, LOUISIANA STATE OF LOUISIANA ______________________________________________________________________________ MEMORANDUM IN SUPPORT OF JUDGMENT DEBTOR EXAMINATION AND MOTION FOR CONTEMPT AND IN OPPOSITION TO MOTION FOR SANCTIONS AND MOTION TO QUASH

MAY IT PLEASE THE COURT:

Facts The Honorable Third Circuit Court of Appeal rendered a judgment herein finding that the City of Alexandria, Louisiana had violated the state’s Public Records Law. That court ordered the City of Alexandria to pay a $2,500 attorney’s fee plus the court costs incurred. That appellate court judgment became executory on or about June 6, 2009. At some time prior to July 13, 2009, the City of Alexandria caused the clerk of court to refund the court costs, which plaintiff’s attorney received on that day. For some unknown reason, the Alexandria City Council met on the Heath matter, in executive session, on July 14, 2009, where no action to pay the judgment came up. It is from that action, or inaction, by the City Council for the City of Alexandria, Louisiana that RICHARD HEATH filed this Judgment Debtor Rule, which is set for August 24, 2009, and his Motion for Contempt, which is set for August 31, 2009. Argument and Law This state’s Public Records law can apply to nothing else but governmental bodies, such as the City of Alexandria. Furthermore, Article XII Section 3 specifically guarantees unto the citizens of Louisiana the right to public records. Thus, regardless of any constitutional provision prescribing against the payment of judgments cannot apply to the equally persuasive constitutional provision in favor of Public Records. It is seriously doubtful that this court will hold that the City of Alexandria can get out of

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its compliance with the Public Records law whenever it chooses. The City of Alexandria also wrongfully relies upon Louisiana Constitution Art. 12, sec. 10, which provides: No Immunity in Contract and Tort. Neither the state, a state agency, nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property. It is suggested that a Public Records judgment is neither a lawsuit in contract nor tort. It is also pointed out that whether or not a waver was issued in this lawsuit, the time for alleging such was waived by allowing this matter to go to trial and then to judgment on appeal. Mayor Roy, of the City of Alexandria, said, in KSYL Radio on May 8, 2009, "If the judgment is valid, the appeal process has run, the City pays its judgments". It is submitted that Mayor Roy’s statement can only show that the City of Alexandria has waived such lawsuits and their resulting judgments. The only reason that the City of Alexandria refuses to pay this judgment is due to the animosity shown toward the plaintiff and his attorney in deprivation of their due process and equal protection rights. Plaintiff was issued an award by the Court of Appeal and it must now pay it.

RESPECTFULLY SUBMITTED: ______________________________ GREGORY R. AYMOND ATTORNEY AT LAW Post Office Drawer 5503 3229 Industrial Street Alexandria, Louisiana 71307 Tele: (318) 445-3618 Fax: (318) 448-6133 Bar Role No.: 17,449

CERTIFICATE OF SERVICE I, the undersigned, do swear that a copy of the foregoing pleading was served upon all counsel of record herein, via United States First Class Mail, postage prepaid, on this the day of , 2009.

GREGORY R. AYMOND

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