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