Enrico Sterling v. Department of Civil Service

• Court: Louisiana Court of Appeal
• Decided: December 1, 2021
• Docket: 2020-CA-0161
• Status: Published

Opinion

ENRICO STERLING * NO. 2020-CA-0161

VERSUS * COURT OF APPEAL DEPARTMENT OF CIVIL * SERVICE FOURTH CIRCUIT * STATE OF LOUISIANA *******

CONSOLIDATED WITH: CONSOLIDATED WITH:

ENRICO STERLING NO. 2020-CA-0260

VERSUS

DEPARTMENT OF CIVIL SERVICE

APPEAL FROM CITY CIVIL SERVICE COMMISSION ORLEANS NO. 9076

****** Judge Daniel L. Dysart ****** (Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins)

Richard E. Baudouin KREBS FARLEY, PLLC 400 Poydras Street, Suite 2500 New Orleans, LA 70130

COUNSEL FOR PLAINTIFF/APPELLANT

Elizabeth Robins DEPUTY CITY ATTORNEY 1300 Perdido Street Suite 5E03 New Orleans, LA 70112 Corwin M. St. Raymond ASSISTANT CITY ATTORNEY 1300 Perdido Street Room 5E03 New Orleans, LA 70112

William R. H. Goforth ASSISTANT CITY ATTORNEY 1300 Perdidio Street Room 5E03 New Orleans, LA 70112

Donesia D. Turner SENIOR CHIEF DEUPTY CITY ATTORNEY 1300 Perdido Street Room 5E03 New Orleans, LA 70112

Sunni J. LeBeouf CITY ATTORNEY 1300 Perdido Street Room 5E03 New Orleans, LA 70112

COUNSEL FOR APPELLANT/CITY OF NEW ORLEANS DEPARTMENT OF PUBLIC WORKS

Christina L. Carroll CITY OF NEW ORLEANS CIVIL SERVICES COMMISSION 1340 Poydras Street Suite 900 New Orleans, LA 70112

COUNSEL FOR APPELLEE/DEPARTMENT OF CIVIL SERVICE

APPEAL DISMISSED DECEMBER 1, 2021 DLD TFL This matter involves two consolidated appeals (one by the Department of SCJ Public Works (DPW) and the other by Enrico Sterling) concerning an October 4,

2019 minute entry by the Civil Service Commission of the City of New Orleans,

which reflected the Commission’s intent to implement the ruling of this Court,

following this Court’s reversal of the Commission’s judgment in Edmonds v. Dept.

of Pub. Works, 2018-0203 (La.App. 4 Cir. 12/5/18), 260 So.3d 784.

On February 25, 2019, the Commission, acting upon Zepporiah Edmonds’

motion to enforce, ordered the DPW to reinstate Ms. Edmonds to the position of

Parking Administrator. On March 20, 2019, the Commission ordered the layoff of

Mr. Sterling, who had occupied the position of Parking Administrator (this is

because only one position for Parking Administrator existed) while Ms. Edmonds

appealed her demotion.

On September 23, 2019, Mr. Sterling requested to address the Commission

and also requested that the Commission investigate whether a violation of Civil

Service Rule XII had occurred. Following the meeting, the Commission recorded

the matter by a minute entry dated October 4, 2019, which noted that Mr. Sterling

1 had no right of appeal; the Commission also agreed to hear Mr. Sterling’s

procedural objection to his layoff.

Both Mr. Sterling and the DPW sought to appeal the Commission’s October

4, 2019 minute entry. The Commission granted the DPW’s motion to appeal the

October 4, 2019 minute entry on November 20, 2019. Likewise, on March 2,

2020, the Commission granted Mr. Sterling’s motion to appeal the October 4, 2019

minute entry.

This Court, however, lacks jurisdiction over this matter because the October

4, 2019 minute entry was not a final judgment, nor was it an exercise of the

Commission’s quasi-judicial power, but an exercise of the Commission’s quasi-

executive and quasi-legislative powers. Consideration of this procedural issue was

pursuant to La. Const. art, X § 10(B). Furthermore, the DPW was not a party to

the October 4, 2019 minute entry. Also, the DPW has no constitutional rights. As

such, it has no right of appeal separate from the appeal rights granted by a statute

or rule. See Hellmers v. Dept. of Fire, 2019-0420, p. 10 (La.App. 4 Cir. 10/30/19),

___ So.3d___, 2019 WL 5607426. Accordingly, it is proper and right that both

Mr. Sterling’s and the DPW’s appeals in this matter are dismissed.

APPEAL DISMISSED