HIGGINBOTHAM, J.
Plaintiff, Collette Dwyer, appeals a district court judgment that upheld the abolishment of her classified position of firefighter/operator by defendant, the West Feliciana Fire Protection District No. 1 ("the FPD"). After reviewing the facts and applicable law, we convert the appeal to an application for supervisory writs, grant the request for supervisory review of the merits, and affirm the district court's judgment.
The FPD hired Collette Dwyer as a full-time employee in September 1999, to perform administrative duties in an entry-level classified position of secretary to the fire chief. In May 2000, Dwyer changed to another entry-level classified position with the FPD, when she became a firefighter/operator. She remained in that position, performing both administrative duties (but not data-entry duties, which were performed by a non-classified employee) and firefighter/operator duties until January 11, 2010. Dwyer was the only classified firefighter/operator employed by the FPD on January 11, 2010.
At a regularly-scheduled meeting on that same date, the Board of Commissioners of the FPD ("the FPD Board") unanimously voted to allow the meeting agenda to be amended in order to consider the recommendation of the personnel committee of the FPD Board. The FPD Board then voted to follow the recommendation to reorganize the FPD's structure for economic reasons and in consideration of volunteer manpower shortages.
Dwyer timely filed an appeal of the FPD Board's action with the three-member Civil Service Board for the FPD ("the CS Board"). Because Dwyer was a member of the CS Board, it was necessary that she be recused from participating as a board member in her appeal to the CS Board. In her appeal, Dwyer alleged that because of her seniority with the FPD and her previous performance of administrative duties while she was a firefighter/operator, she was entitled to be reassigned to the next lowest classified position as a data processor at the FPD.
The CS Board held a public hearing on February 11, 2010, with the two remaining members.
As a classified civil service employee who felt her discharge was not for just cause, Dwyer had the right to demand a hearing and investigation by the CS Board to determine the reasonableness of the FPD Board's action in abolishing her classified position and not placing her in
The district court's review of the CS Board's quasi-judicial administrative determination is an exercise of appellate jurisdiction. Baton Rouge Police Dept. v. O'Malley, 2010-1386 (La.App. 1st Cir.3/25/11), 64 So.3d 773, 776. The district court may not substitute its opinion for that of the CS Board, but should accord deference to the CS Board's factual conclusions, and must not overturn them unless they are manifestly erroneous. Id., 64 So.3d at 776-777. The district court has a limited review of the CS Board's findings of fact. Those findings are entitled to the same weight as findings of fact made by a trial court and are not to be overturned in the absence of manifest error. Id.
The district court in this case reviewed the record and considered the arguments of counsel before rendering judgment affirming the CS Board's action. The district court gave the following oral reasons:
This court has carefully reviewed the record of the proceedings before the CS Board, and we find no evidence that the CS Board acted in bad faith in upholding the FPD Board's action of abolishing Dwyer's classified firefighter/operator position. The split decision of the CS Board, resulting in an affirmation of the FPD Board's action, is clearly supported in the record and by the statutory law. A rational basis exists for the factual findings, and we find no manifest error or abuse of discretion in the district court's decision to uphold the effective ruling of the CS Board. Moreover, because the CS Board made no finding of bad faith on the part of the FPD Board, it was without authority to modify the FPD Board's actions. See La. R.S. 33:2561.
The record shows that Dwyer's classified firefighter/operator position was abolished in good faith and for economic reasons. Additionally, the record reveals that there was no other classified position within Dwyer's class to which she could be demoted or transferred. The data processor position that Dwyer desires to be placed in is not a classified civil service
For the above reasons, we convert Collette Dwyer's appeal to an application for supervisory writs, grant the request for supervisory review of the merits, and affirm the district court's judgment, thereby upholding the abolishment of the classified firefighter/operator position with the West Feliciana Fire Protection District No. 1. All costs of this supervisory writ application are assessed against plaintiff/appellant, Collette Dwyer.
Further, the term "class" as used in the pertinent civil service statutes does not mean the same as "position"; each class may contain one or more positions, and the appointing authority may abolish a position within a class without the formality of a civil service board hearing. See Odom v. City of Minden, 300 So.2d 462, 463 (La. 1974). But if an entire class is abolished, action of the appropriate civil service board is required, as well as compliance with due process. See City of Shreveport v. Plaisance, 559 So.2d 944, 945 (La.App. 2d Cir.), writ denied, 564 So.2d 324 (La. 1990). See also La. R.S. 33:2533(5) (definition of "class"); La. R.S. 33:2533(13) (definition of "position"); and La. R.S. 33:2548 (regarding "demotions").
Further, even if we assume that the claim was asserted timely, the record reflects that the agenda of the regularly-scheduled January 11, 2010 meeting of the FPD Board was posted in accordance with the Louisiana Open Meetings Law. At the beginning of the meeting, the FPD Board unanimously voted to amend the agenda, in accordance with La. R.S. 42:17 and 42:19, to include the personnel committee's recommendations regarding restructuring of the FPD. The amendment did not involve a disciplinary or discharge discussion, in an executive session or otherwise, concerning Dwyer's job, her performance, abilities, or character. The restructure proposal for the FPD was addressed by the FPD Board as a purely economic issue that would result in substantial annual savings to the FPD and would necessarily include the abolishment of the classified firefighter/operator position along with several unclassified volunteer and contract positions.