Fosscett v. Lake Charles Municipal Fire and Police Civil Service Board, No. 5047

CourtCourt of Appeal of Louisiana (US)
Writing for the CourtFRUGE
Citation125 So.2d 41
PartiesFloyd A. FOSSCETT et al., Plaintiff-Appellees, v. LAKE CHARLES MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD et al., Defendant-Appellants.
Decision Date31 May 1960
Docket NumberNo. 5047

Page 41

125 So.2d 41
Floyd A. FOSSCETT et al., Plaintiff-Appellees,
v.
LAKE CHARLES MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD
et al., Defendant-Appellants.
No. 5047.
Court of Appeal of Louisiana, First Circuit.
May 31, 1960.

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.

FRUGE , Judge ad hoc.

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:

Page 42

'Lake Charles Civil Service Commission

733 Louisiana Avenue

Lake Charles, La.

Lake Charles, La.

August 19, 1958

Public Notice

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.

Police Department

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:

'a. Admission to a promotional test shall be limited to regular employees of the class next lower from that for which they are to be examined. However, the rules may provide for admission to be extended to applicants from any one or more of the next lower classes.

'b. Admission to competitive tests shall be open to all persons who meet the requirements provided by this Section and the rules.'

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...

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1 practice notes
  • Fosscett v. Lake Charles Municipal Fire and Police Civil Service Bd., No. 85
    • United States
    • Court of Appeal of Louisiana (US)
    • 17 Noviembre 1960
    ...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......
1 cases
  • Fosscett v. Lake Charles Municipal Fire and Police Civil Service Bd., No. 85
    • United States
    • Court of Appeal of Louisiana (US)
    • 17 Noviembre 1960
    ...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......

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