Browning v. City of Baton Rouge

648 So. 2d 1056, 94 La.App. 1 Cir. 0434, 1994 La. App. LEXIS 3658
CourtLouisiana Court of Appeal
DecidedDecember 22, 1994
DocketNo. 94 CA 0434
StatusPublished

This text of 648 So. 2d 1056 (Browning v. City of Baton Rouge) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Browning v. City of Baton Rouge, 648 So. 2d 1056, 94 La.App. 1 Cir. 0434, 1994 La. App. LEXIS 3658 (La. Ct. App. 1994).

Opinion

JaCRAIN, Judge.

Plaintiffs are employees of the Police Department of the City of Baton Rouge who have previously served as police cadets. They instituted this action for declaratory judgment against the City of Baton Rouge and the Municipal Fire and Police Civil Service Board (Board) seeking to have the time which they served as police cadets counted towards seniority status for purposes of promotion. Plaintiffs subsequently filed a motion for summary judgment which was granted by the trial court. Defendants appealed. The sole issue before us is whether police department employees of the City of Baton [1057]*1057Rouge are entitled to use the time served as cadets for seniority purposes in determining their rights for promotion. Disposition of the matter by summary judgment is not contested.

The issue of police cadet seniority status was addressed by the Board at its meeting of February 25, 1988. According to the transcript introduced in support of the motion for summary judgment, the issue was decided by the Board at a meeting, not a public hearing. The facts necessary for disposition of this matter by summary judgment are contained in the transcript of the February 25, 1988, meeting.

According to the transcript, the police cadet classification has been in existence since July 25, 1967. At that time there was a mandatory age requirement of twenty-one to be classified as a police officer. Initially, the classification of police cadet was created to allow the recruitment of potential police officers by allowing the hiring and training of persons aged nineteen to twenty-one as “apprentice” police officers. Upon reaching the mandatory age of twenty-one, the cadet either progressed to the police officer class or was dismissed from service. Subsequently, the maximum age of twenty-one for the police cadet classification was apparently ignored or read out of the requirements and a cadet was allowed to remain a cadet indefinitely. The progression to police officer class is not automatic. The cadet must pass the police officer examination and successfully complete the police academy. Prior to the February, 1988, meeting, cadet time was _JjCounted towards seniority for promotional purposes. This became a problem when the department no longer enforced the mandatory maximum age limitation for the cadet class. Thereafter, persons remained employed in the cadet class for indefinite periods of time. Theoretically, a person could remain a cadet for ten years and have the same seniority status as a person employed as a police officer for ten years. On at least one occasion, a police officer requested and was granted a demotion to the cadet class because the officer felt that the job of a police officer was too demanding.

The Board discussed the similarities and differences between the duties of cadets and police officers. The work of a police officer is more hazardous than that of a typical cadet; a cadet does not have the authority to make an arrest and carry a weapon; the duties of cadets include writing parking tickets, traffic details, coding police reports, verifying warrants and answering the telephone. Their typical jobs are not far different from those of police officers who work in the records section; however, cadets’ jobs differ from those of police officers who “walk the beat.” After much discussion the Board voted that cadets hired after February 25,1988, would not be allowed to have the time served as cadets credited to seniority for promotional purposes.

Plaintiffs in this case were hired as cadets subsequent to February 25, 1988. At the Board meeting of February 18, 1992, plaintiffs in this action raised the cadet seniority issue. The Board referred to a “rule” which had allegedly been adopted at the February 25, 1988, meeting to the effect that cadet time would not count towards seniority for promotional purposes. The Board declined to change the previous Board’s decision regarding that issue.

Section 16 of Article X of the Louisiana Constitution of 1974 creates and establishes a classified fire and police civil service system for municipalities with a population exceeding thirteen thousand which operate a regularly paid fire and police department. Section 17 of Article X provides:

“Permanent appointments and promotions in municipal fire and police civil service shall Ube made only after certification by the applicable municipal fire and police civil service board under a general system based upon merit, efficiency, fitness, and length of service as provided in Article XIV, section 15.1 of the Constitution of 1921, subject to change by law enacted by two-thirds of the elected members of each house of the legislature.”

Article XIV, Section 15.1 of the Louisiana Constitution of 1921 provided for a municipal fire and police civil service system for municipalities having a population between 13,000 and 250,000. Pursuant to Article X, Section [1058]*105817 of the 1974 Constitution the provisions of Article XIV, Section 15.1 of the 1921 Constitution were retained and continued as statutes which may be amended or modified by two-thirds of the members of each house. Those provisions relative to fire and police civil service for populations of 13,000 to 250,-000 are contained in La. R.S. 33:2471-2508, the “Municipal Fire and Police Civil Service Law.”

The Board has the duty, among other things, to hear and decide matters brought before it by the chiefs of the police or fire department [La.R.S. 33:2477(6) ]; make, alter, amend and promulgate rules necessary to effectively carry out the statutory provisions [La.R.S. 33:2477(7) ]; and adopt and maintain a classification plan which shall be adopted and maintained by rules of the board [La.R.S. 33:2477(8) ]. The Board may adopt and execute rules, regulations and orders necessary or desirable to carry out the statutory provisions and is required to do so when statutorily mandated. No rule or regulation shall be contrary to, or in violation of, any purpose or intent of the applicable statutory provisions. The Board may adopt a rule after holding a public hearing at which any municipal officer, employee, private citizen, and the state examiner shall be given an opportunity to show cause why the proposed rule should not be adopted. Before holding the public hearing the Board must furnish notice of the hearing and a copy of the proposed rule thirty days in advance to various enumerated persons, including the chief and each station of the departmental service to be affected by the adoption of the proposed rule. The notice and proposed rule furnished to the Rvarious stations of the respective departments shall be posted on the bulletin board of each station for at least thirty days in advance of the hearing. After adoption of a rule the Board must furnish an official copy of the rule to the above enumerated persons and places. Further, rules adopted in accordance with the above have the force and effect of law. La. R.S. 33:2478.

Pursuant to La.R.S. 33:2483, the Board is required to adopt a classification plan for the fire and police services of the municipality. The plan is to consist of classes designated by titles, ranks, or a combination thereof, for all positions included in the classified service for each of the fire and police services. The various classes of the plan must be arranged in order to show the natural lines of promotion and demotion. Section 2483 further provides:

“The classification plan shall be adopted as rules of the board, in the manner provided by this Part for the adoption of rules.

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Related

Johnson v. Baton Rouge Municipal Fire & Police Civil Service Board
361 So. 2d 1357 (Louisiana Court of Appeal, 1978)
Cannatella v. City Civil Service Commission
381 So. 2d 1278 (Louisiana Court of Appeal, 1980)

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Bluebook (online)
648 So. 2d 1056, 94 La.App. 1 Cir. 0434, 1994 La. App. LEXIS 3658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browning-v-city-of-baton-rouge-lactapp-1994.