Opinion

Brouillette v. Sewerage & Water Board

  • 367 So. 2d 9
  • 1978 La. App. LEXIS 3956
Court
Louisiana Court of Appeal
Filed
Jan 9, 1978
Status
Published
Author
Lemmon
On the bench
Beer, Boutall, Lemmon, Reasons
Cited by
1 cases

The opinion

LEMMON, Judge,

concurring.

The question is whether a public employee under Civil Service may be demoted when he is unable, for medical reasons, to perform the duties of the higher position. The answer is yes.

The purpose of the Civil Service system is to protect public employees from discrimination and to prevent their being subjected to dismissal, demotion or other disciplinary action without cause. La.Const.1974, Art. *12 10, § 8. The action taken by the appointing authority may be characterized as a tough business decision, but it does not necessarily constitute discrimination or arbitrary action within the contemplation of the Civil Service scheme. The Civil Service system does not protect employees against tough actions — only discriminatory or arbitrary actions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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