Opinion

Phares v. Gill

  • 96 La.App. 1 Cir. 2296
  • 697 So. 2d 35
  • 1997 La. App. LEXIS 1711
  • 1997 WL 370797
Court
Louisiana Court of Appeal
Filed
Jun 20, 1997
Status
Published
Author
Fitzsimmons
On the bench
Fitzsimmons, Jjwhipple, Tern, Tyson, Whipple
Cited by
1 cases

The opinion

| FITZSIMMONS, Judge,

concurring.

Louisiana revised statute 33:2476(H) limits the proper party to institute a suit in judicial district court for removal of a member of the Municipal fire and police civil service board from office to the district attorney. However, the expansive language of La. R.S. 33:2506 thereafter extends the right of action to enforce “the provisions of this Part” to any municipal officer, employee, or private citizen. That statute is located in the same “Part” of the chapter on civil service as La. R.S. 33:2476.

Although an expansive interpretation of proper parties to initiate a removal claim might have been inadvertent on the part of the Legislature, it can only be concluded that the civil code articles do not vest the district attorney with the exclusive right to bring a cause of action in this matter. Accordingly, Greg Phares, an employee of the City of Baton Rouge, possesses a light of action in the instant matter.

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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