Opinion
No. 96-C-0884
May 10, 1996
IN RE: Leesville City of; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA95-0587; Parish of Vernon 30th Judicial District Court Div. "B" Number 49,133
Writ granted. The Court of Appeal erred in concluding that the City failed to provide adequate due process to its employee. The purpose of LSA-R.S. 33:2560(D), requiring written notification of termination with reasons for the discharge, is to afford due process to the employee so that he can know with reasonable particularity the facts and circumstances he or she might be called upon to rebut in case the employer makes out a prima facia case. Powell v. City of Winnfield Fire Police Civ. Serv. Bd, 370 So.2d 109 (La.App. 2 Cir. 1979). The evidence reveals that the plaintiff previously received this notification in the pretermination letter sent to the plaintiff on January 5, 1990. Accordingly, the decision of the Leesville Municipal Fire and Police Civil Service Board, upholding the City of Leesville's decision to dismiss the plaintiff, is reinstated.
JCW
WFM
HTL
BJJ
JPV
CALOGERO, C.J. would deny the writ.
KIMBALL, J. not on panel.
BLEICH, J. would deny the writ.