Opinion
NO. 2017 CW 0102
06-07-2017
JOHN P.TAYLOR v. ST. TAMMANY PARISH FIRE PROTECTION DISTRICT NO. 4 AND ST. TAMMANY PARISH FIRE PROTECTION DISTRICT NO. 4 CIVIL SERVICE BOARD
In Re: John P. Taylor, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2016-10058. BEFORE: McDONALD, WELCH, CRAIN, THERIOT AND HOLDRIDGE, JJ.
WRIT DENIED.
GH
MRT
McDonald, J., concurs and would deny the writ on the showing made.
Welch, J., dissents for the reasons assigned by Judge Crain.
Crain, J., dissenting. "Any discipline, demotion, dismissal or adverse action of any sort taken against a fire employee without complete compliance with the provisions of [the Firefighters Bill of Rights] is an absolute nullity." La. R.S. 33:2181(C) (emphasis added). Prior to commencement of the formal investigation, the Firefighters Bill of Rights requires the appointing authority to provide the fire employee with written notice of the nature of the investigation and of the specific charges or violations being investigated. See La. R.S. 33:2181(B)(1). The "nature of the investigation" must, at a minimum, include some reference to the alleged facts being investigated. Here, the notice refers only to Taylor's "actions" without in any way describing what those "actions" are. Informing the employee of a hearing to determine whether he has violated sections of the employee handbook, then providing a non-exclusive list of sections possibly violated, does not comply with the notice requirement. Relator was disciplined without "complete compliance" with the provisions of the Firefighters Bill of Rights; therefore, the disciplinary action taken is an absolute nullity. See La. R.S. 33:2181C. I would reverse the January 4, 2017 judgment of the district court that affirmed the decision of the St. Tammany Parish Fire Protection District No. 4 Civil Service Board, and reinstate relator, John P. Taylor, as Assistant Chief at the rate of pay in effect prior to October 22, 2015. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT