YOSHI C. THOMPSON
TOWN OF JONESBORO; KENNETH FOLDEN, FISCAL ADMINISTRATOR; ANN WALSWORTH, CLERK OF COURT; AND TOM SCHEDLER, SECRETARY OF STATE
Appeal from The 19th Judicial District Court,
Parish of East Baton Rouge, State of Louisiana Trial Court
No. C642709 The Honorable Timothy Kelley, Judge Presiding
William G. Whatley Marksville, Louisiana Attorney for
Plaintiff/ Appellant, Yoshi C. Thompson.
Lloyd Willis Baton Rouge, Louisiana Attorney for Defendants/
Appellees, Kenneth Folden and Tom Schedler, Secretary of
Clay Carroll Jacob H. Thomas Jonesboro, Louisiana Attorneys
for Defendant/ Appellee, Town of Jonesboro.
BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.
plaintiff, Yoshi C. Thompson, appeals a judgment sustaining
peremptory exceptions of prescription and dismissing her
claims against Tom Schedler, in his capacity as the Louisiana
Secretary of State, and Kenneth Folden, the former fiscal
administrator for the Town of Jonesboro. We affirm in part,
reverse in part, and remand.
AND PROCEDURAL HISTORY
proceeding arises out of efforts to appoint an interim mayor
for Jonesboro after the sitting mayor was convicted of
charges involving malfeasance in office. At a meeting on
September 16, 2013, the Jonesboro town council voted to
appoint Thompson, the wife of the convicted mayor, to the
position of interim mayor. Folden, Jonesboro's judicially
appointed fiscal administrator, did not approve the
appointment. The Jonesboro town attorney advised the
council that Folden's approval was required. The meeting
was adjourned with no further action.
days later, Thompson was administered an oath of office by
Judge Tammie Lee, and on September 23, 2013, Thompson
requested a commission from the Secretary of State
recognizing her as Jonesboro's interim mayor. The
Secretary of State denied the request, allegedly because
Judge Lee retracted the oath administered to Thompson. Almost
one year later, on September 19, 2014, Thompson filed a
mandamus proceeding against the Secretary of State and the
Jackson Parish Clerk of Court, seeking an order directing the
Secretary of State to issue a commission to Thompson as
interim mayor. The commission was issued on October 2, 2014.
October 1, 2015, Thompson filed this suit against several
defendants, including the Secretary of State and Folden. In
relevant part, Thompson alleges the Secretary of State failed
to timely issue her commission and Folden exceeded his
authority by "over-riding" the vote of the town
council at the September 16, 2013 meeting. Thompson also
alleges Folden disregarded the vote of the town council at a
meeting on December 24, 2014, when the council voted to
accept Thompson as mayor and to compensate her pursuant to
the statutory provisions applicable to interim appointments.
See La. R.S. 42:1411C.
Secretary of State and Folden responded with several
exceptions, including peremptory exceptions of prescription
asserting Thompson's claims were filed more than one year
after the acts giving rise to the claims. In opposition to
the exceptions, Thompson argued that filing the mandamus suit
interrupted prescription and rendered the present claims
timely. Thompson's evidence at the hearing on the
exceptions included minutes from the September 16, 2013
council meeting, a copy of the mandamus petition filed on
September 19, 2014, and the commission issued by the
Secretary of State.
trial court found prescription commenced on September 16,
2013, and ran to September 16, 2014. Because the mandamus
suit was filed after that date, the trial court found the
prescriptive period was not interrupted. A judgment was
signed on June 15, 2016, sustaining the exceptions of
prescription and ...