Casse v. Dept. of Health & Hospitals

597 So. 2d 547, 1992 La. App. LEXIS 610, 1992 WL 46307
CourtLouisiana Court of Appeal
DecidedMarch 6, 1992
DocketCA 910072
StatusPublished
Cited by7 cases

This text of 597 So. 2d 547 (Casse v. Dept. of Health & Hospitals) 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
Casse v. Dept. of Health & Hospitals, 597 So. 2d 547, 1992 La. App. LEXIS 610, 1992 WL 46307 (La. Ct. App. 1992).

Opinion

597 So.2d 547 (1992)

Robert M. CASSE, Jr., et al.
v.
DEPARTMENT OF HEALTH AND HOSPITALS, et al.

No. CA 910072.

Court of Appeal of Louisiana, First Circuit.

March 6, 1992.

*548 Floyd J. Falcon, Jr., Avant and Falcon, Baton Rouge, for appellants.

Frank H. Perez, Staff Atty., Dept. of Health and Hospitals, Bureau of Legal Services, Baton Rouge, for appellee Dept. of Health and Hospitals.

Sidney W. Hall, Staff Atty., Dept. of Social Services, Bureau of Legal Services, Baton Rouge, for appellee Dept. of Social Services.

Robert R. Boland, Jr., Civ. Service Gen. Counsel, Dept. of State Civ. Service, Baton Rouge, for appellee Dept. of State Civ. Service.

Before COVINGTON, C.J., and LEBLANC and WHIPPLE, JJ.

*549 WHIPPLE, Judge.

This case again comes before us on appeal.[1] Six permanent, classified employees of the former Department of Health and Human Resources, now the Department of Health and Hospitals and the Department of Social Services ("DHH" and "DSS"), dispute the summary disposition by the Civil Service Commission of issues for hearing in their Petition of Appeal which challenges a layoff plan.

FACTS AND PROCEDURAL HISTORY

Appellants filed a Petition of Appeal with the State Civil Service Commission on August 4, 1988, challenging a layoff plan which took effect the following day. The layoff plan abolished the Office of the Secretary of the Office of Management and Finance, where appellants worked. The appeal alleges implementation of the layoff plan violates the Article (LSA—Const. Art. X, Part I) and Chapter 17 of the Civil Service Rules and includes 21 allegations of Article or Rule violations, designated as Subparagraphs 17(A) through (U).

On September 28, 1990, DHH filed a motion for partial summary disposition of the allegations in Subparagraphs 17(A), (B), (C), (E), (F), (G), (H), (I), (J) and (K) on the grounds that the allegations, even if proven, would not constitute a violation of Chapter 17 of the Civil Service Rules. The motion did not seek summary disposition of the allegations in Subparagraphs 17(D) and (L) through (U).

The Commission heard arguments in the matter, rendered a decision dismissing certain of appellants' allegations, and narrowed the scope of the hearing of the appeal to nine specific issues. It is from this decision appellants appeal to this Court.

The main issue presented in the present appeal is whether the Civil Service Commission erred in summarily disposing of portions of the appeal prior to a full public hearing on the merits by concluding that certain allegations by appellants either had not been pled with sufficient factual detail or would not constitute an Article or Civil Service Rule violation even if proven.

Civil Service Rule 13.11(d) states in pertinent part: "Where a violation of the Article or a Rule is alleged to be a basis for appeal, specific facts supporting the conclusion that a violation has occurred must be alleged in sufficient detail to enable the agency to prepare a defense."

As pertinent hereto, Civil Service Rule 13.14 provides:

(a) At any time after the docketing of an appeal a written request may be filed by any interested party for summary disposition thereof on any of the following grounds:
* * * * * *
2. That the appellant has no legal right to appeal.
3. That the appeal has not been made in the required manner or within the prescribed period of delay.
* * * * * *
6. That the written notice expressing the cause for the action complained against is insufficient; or, that the cause as expressed does not constitute legal ground for the disciplinary action.
* * * * * *
(d) The Commission or a referee, on its or his own motion, may at any time summarily dispose of an appeal on any of the grounds listed in Subsection (a) hereof or in accordance with the provisions of Rule 13.19(e).

Based on the above-quoted provisions of Civil Service Rules 13.11 and 13.14, the Commission summarily disposed of the allegations *550 in Subparagraphs 17(B), (F)(in part), (H), (I), (J), (M), (N), (O), (P), (Q) and (R) and referred the following issues to a hearing on the merits:

1) Whether the layoff plan was submitted timely and/or contained the information required by Civil Service Rule 17.14(b) and/or contained false information. [Subparagraphs 17(A), (C) and (K)].
2) Whether the failure of DHH/DSS to terminate Bonnie Smith's restricted appointment violated Civil Service Rule 17.16. [Subparagraph 17(D)].
3) Whether appointments for the `SOBRA' and `SLAG' programs and appointments to positions in the Audit Resolution Unit were in violation of Civil Service Rule 17.23.1(b) and/or 17.25 and/or 17.25.2. [Subparagraphs 17(E) and (F)].
4) The circumstances surrounding the Peat Marwick Main & Company contract. [Subparagraph 17(F)].
5) Whether notice of the layoff was given in accordance with Civil Service Rule 17.2(a). [Subparagraph 17(G)].
6) Whether DHH/DSS complied with Civil Service Rule 17.17 concerning displacement offers. [Subparagraph 17(L)].
7) Whether DHH/DSS complied with Civil Service Rule 17.15(b) concerning notifying employees of their right to be put on department preferred reemployment lists. [Subparagraph 17(S)].
8) Whether the DSCS approved restrictive appointments, job appointments or details in violation of Civil Service Rule 17.23.1 or 17.25 or 17.25.2. [Subparagraph 17(T)].
9) The circumstances surrounding the granting of selective certification for the job of Reimbursement Director. [Subparagraph 17(U)].

For the following reasons, we reverse in part and affirm in part, with instructions to the Commission.

ASSIGNMENTS OF ERROR ONE, TWO AND THREE

Appellants contend the Commission erred in concluding that the Petition of Appeal failed to plead sufficient factual details of Rule violations to allow the Agency to prepare a defense and in concluding that uniform application of the layoff plan is not required. The appellants further contend the commission erred in failing to realize that the Petition of Appeal, in order to be timely, is of necessity filed prior to the time that the effect of the full layoff implementation is discerned. According to appellants, this justifies their failure to plead specific facts, dates and identities to support the allegations of the appeal.

Appellants' first assignment of error is that the Commission erred by summarily disposing of the allegations in Subparagraphs 17(B), (F), (H), (I), (J) and (M) for failure to plead sufficient factual detail.[2] They maintain that a sufficient factual basis was pled to show violations of either the Article or Chapter 17 of the Civil Service Rules. Thus, appellants contend, the Commission erred in striking these portions of their Petition of Appeal.

An appeal may be made to the Commission by any person expressly granted the right to appeal by the Article or by any person in the classified service who alleges that he has been subjected to a layoff in violation of any provision of Chapter 17 of the Civil Service Rules. Civil Service Rule 13.10(g) and (m). Decisions of the Commission are subject to review on any question of law or fact. LSA—Const. Art. X, § 12(A).

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Cite This Page — Counsel Stack

Bluebook (online)
597 So. 2d 547, 1992 La. App. LEXIS 610, 1992 WL 46307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casse-v-dept-of-health-hospitals-lactapp-1992.