Opinion
No. 2007 CA 1827.
May 2, 2008. NOT DESIGNATED FOR PUBLICATION
APPEALED FROM A DECISION OF THE STATE CIVIL SERVICE COMMISSION STATE OF LOUISIANA DOCKET NUMBER S-15844 HONORABLE JAMES A. SMITH, CHAIRMAN; DAVID L. DUPLANTIER, ROSA B. JACKSON, AND JOHN MCLURE.
Ersell Wright, Monroe, LA, Plaintiff/Appellee, In Proper Person.
William A. Norfolk, Baton Rouge, LA, Counsel for Defendant/Appellant, Louisiana State University Health Sciences Center-Shreveport.
Robert R. Boland, Jr., Baton Rouge, LA, Counsel for Appellee, Anne Soileau, Director Department of State Civil Service.
BEFORE: PARRO, KUHN, AND DOWNING, JJ.
Louisiana State University Health Sciences Center-Shreveport (LSU) appeals a decision of the State Civil Service Commission (Commission), basing its argument upon the testimony of one of its witnesses, John Fuqua, thus implicating credibility determinations made by the Commission's referee. However, after a thorough review of the record, we find no manifest error in the referee's factual determinations. Nor do we discern any legal error in the referee's conclusions of law.See Brown v. Department of Health Hospitals Eastern Louisiana Mental Health System, 2004-2348, p. 10 (La.App. 1 Cir. 11/4/05), 917 So.2d 522, 530, writ denied, 2006-0178 (La. 4/24/06), 926 So.2d 545. Accordingly, we affirm the decision of the Commission in accordance with Rule 2-16.2A(6) and (8) of the Uniform Rules of Louisiana Courts of Appeal. All costs of this appeal in the amount of $119.50 are assessed to Louisiana State University Health Sciences Center-Shreveport.
AFFIRMED.
The action taken by LSU would have been premature only if Ms. Wright had been able to establish by competent evidence that any of her unscheduled absences used in the separation letter could have been a "qualifying event" under the Family and Medical Leave Act (FMLA). Absent such proof, the Commission's decision should be reversed, and Ms. Wright's removal by LSU should be reinstated. Accordingly, I respectfully dissent.