Fosscett v. Lake Charles Municipal Fire and Police Civil Service Board, 5047
| Citation | 125 So.2d 41 |
| Decision Date | 31 May 1960 |
| Docket Number | No. 5047,5047 |
| Parties | Floyd A. FOSSCETT et al., Plaintiff-Appellees, v. LAKE CHARLES MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD et al., Defendant-Appellants. |
| Court | Court of Appeal of Louisiana (US) |
Rehearing Granted and Transferred to Court of Appeal, Third
Circuit, See 125 So.2d 44.
Liskow & Bond, Lake Charles. for appellants.
Carmouche, Martin & LaFleur, Lake Charles, for appellees.
Before TATE, FRUGE , and MILLER, JJ.
This suit was brought by four members of the Fire Department of the City of Lake Charles, Louisiana, against the Fire and Police Civil Service Board of the City of Lake Charles, Louisiana, its individual members and Sam Tarleton as Commissioner of Public Health and Safety, seeking to set aside the Civil Service Examination given September 25, 1958, for the position of District Fire Chief and ordering the Civil Service Board to readminister said test.
Plaintiffs alleged that during the month of August, 1958, a vacancy occurred for the position of District Fire Chief in the Fire Department of the City of Lake Charles. This position had to be filled in accordance with the Civil Service Laws of the State of Louisiana. On August 19, 1958, the following notice was published by posting on the bulletin board of each fire station in the City of Lake Charles 'Lake Charles Civil Service Commission
Lake Charles, La.
Lake Charles, La.
August 19, 1958
The Lake Charles Municipal Fire & Police Civil Service Board is calling examinations for the following classes in the Police and Fire Department. All applications must be in to the Secretary of the Civil Service Board on or before September 22nd at 5:00 P.M. No applications will be accepted by the board after the deadline for filing applications. Applications can be gotten by contacting the Police or Fire Department representative on the board, or the Secretary of the board.
Patrolman
Patrolman First Class
Detective
Sergeant
Captain
Chief of Detective
Fire Department
Fireman First Class
District Fire Chief
'Signed
/s/ Earnest J. Breaux
Ernest J. Breaux, Chairman
/s/ Creighton Nope
Creighton Nope, Secretary'
Although this notice does not specifically state whether or not these examinations were to be 'competitive' or 'promotional' examinations, it is well agreed by all parties that the examination for District Fire Chief was to be a 'promotional' examination and not a 'competitive' examination. The distinction between these two types of examination is most important in the decision of this case. Article 14, Section 15.1, Subsection 23, Const. LSA, sets forth the distinction between promotional and competitive tests as follows:
By 5:00 P.M. September 22, 1958, approximately ten applications had been made to the Lake Charles Civil Service Commission to take the examination for District Fire Chief. All of the applicants were captains of different companies serving within the Lake Charles Fire District and all were eligible to take the promotional examination. The four plaintiffs in this case complaint is that they did not receive five days' notice setting forth the date, place, and time for the announced examinations. They testified that the only notice they received to the effect that the examinations would be held at 9:00 A.M. on September 25, 1958, was received by them by telephone on the morning of September 23, 1958.
Each of the plaintiffs as well as each of the other six applicants reported at the Southwest Louisiana Trade School in Lake Charles at 9:00 A.M. on September 25, 1958, and took the examination. The examination was prepared, administered, and scored by the State Examiner in accordance with the constitutional provisions. On October 15, 1958, the plaintiffs were notified that they failed the examination. Their first complaint concerning the notice or lack of same was made by them by application dated October 28 to the Civil Service Board for a hearing at which they intended to request the setting aside of the examination. On October 29, 1958, the Civil Service Board met and denied the hearing for the reason that in their opinion the examination was properly conducted. This suit was filed November 17, 1958.
On December 3, 1959, the Court assigned written reasons granting judgment to the plaintiffs after having concluded that the five day notice period in Article 14, Section 15.1, Subsection 22(a) of the Constitution of the State of Louisiana was required on promotional as well as competitive examinations, and further that proper notice required under the Constitution had not been given. The judgment further held that the examination given on September 25, 1958, was null and void and of no effect and the Civil Service Board was directed to readminister said test.
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Fosscett v. Lake Charles Municipal Fire and Police Civil Service Bd.
...herein on June 29, 1960, by the Court of Appeal, First Circuit, for the purpose of reconsidering its judgment rendered May 31, 1960. 125 So.2d 41. This case was transferred by the First Circuit to the Third Circuit as of July 1, 1960, and now has come before us for final disposition under t......