# City of Baton Rouge v. Bethley

> Louisiana Court of Appeal · October 29, 2010 · 2009 La.App. 1 Cir. 1840

URL: https://www.frixlaw.com/law-library/cases/4866899

## Case

- **Full name:** CITY OF BATON ROUGE, Parish of East Baton Rouge, and the Department of Baton Rouge City Court v. Jennifer BETHLEY and The Personnel Board of the City of Baton Rouge, Parish of East Baton Rouge
- **Court:** Louisiana Court of Appeal
- **Decided:** October 29, 2010
- **Citations:** 2009 La.App. 1 Cir. 1840; 68 So. 3d 535; 2010 La. App. LEXIS 1438; 2010 WL 4263710
- **Precedential status:** Published
- **Opinion:** Concurrence by Pettigrew
- **Judges:** Guidry, Kuhn, McDonald, Parro, Pettigrew
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4866899

## Opinion text

PETTIGREW,
concurs and assigns reasons.
| lAlthough I concur in the results, I do not agree with the majority’s narrow interpretation of a disciplinary action defined in Section 9.05 of the provisions of the Plan of Government of the City/Parish, Chapter 9, Personnel.
In my humble opinion, the second sentence of Section 9.05, which states, “disciplinary action,” must be read in context with the provisions of the previous sentence, which in part, provides “No member of the Classified Service shall be suspended for more than thirty days, reduced in rank or pay, or removed, except after....” (Emphasis added.) Regardless of how it happened, Ms. Bethley was removed from her position, and I believe this fits within the definition of “disciplinary action.”
I agree that we must identify the source of the district court and the court of appeal’s subject matter jurisdiction over a case such as this, but I am of the opinion we are confronted with a situation where we must specifically decide whether the Home Rule Charter or Plan of Government passed by the municipality can confer appellate jurisdiction to the district court and to our court. Section 9.05 does not mention our court, but it does mention the district court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4866899. Public record. Not legal advice.