HIGGINBOTHAM, J.
This suit concerns a terminated fireman's claims against his former employer, a fire protection district. The trial court denied and dismissed all of the fireman's claims on the grounds that the fireman was not entitled to the protections of the Louisiana civil service law. Finding that a system of classified fire and police civil service has been constitutionally created and established, and that this system is constitutionally required to apply to all fire protection districts operating a regularly-paid fire department, we reverse the judgments denying the fireman's claims, grant the fireman's partial judgment declaring that the classified civil service system for firemen applies to this particular fire protection district, and remand this matter to the trial court.
Brian C. Ballard ("Ballard") began working as a volunteer fireman for the Livingston Parish Fire Protection District No. 5 ("FPD No. 5") in 1986. In 1991, Ballard became the assistant fire chief of FPD No. 5, but he still worked in a volunteer capacity. In 2002, however, Assistant Fire Chief Ballard began to receive a regularly-paid weekly salary as a full-time employee of FPD No. 5. During the pertinent time period in August 2008, FPD No. 5 operated with three full-time and two part-time paid employees and approximately 70-80 volunteer firemen. There are seven fire protection districts in Livingston Parish, but only one of the seven, FPD No. 4, participates in the classified civil service system for firemen, as set forth in La. R.S. 33:2531, et seq. FPD No. 5 includes four fire stations covering twenty-six square miles outside the City of Denham Springs, Louisiana. FPD No. 5 had originally not been subject to Louisiana's classified civil service system for firemen.
On August 25, 2008, Ballard was notified by letter that the governing five-member board of directors (board) of FPD No. 5 was holding a special meeting scheduled for 7:00 p.m. the next day, on August 26, 2008, "to discuss personnel matters" pertaining to him. At the beginning of the meeting, the board inquired as to whether Ballard would like to convene in an executive closed-door session. Ballard declined and the board unanimously decided to terminate him, effective immediately. Ballard was not notified of any investigation prior to his termination, he was never charged with any violation regarding his job performance or conduct, he was given no reason for his termination, and he was not given an opportunity to call witnesses or to have counsel present at the meeting.
The trial court held a hearing on January 12, 2009, where the parties stipulated that the sole issue to be determined was whether FPD No. 5 was required to create a civil service board to administer a system of classified fire civil service for paid employees pursuant to Article X, Section 16 of the Louisiana Constitution. The application of that constitutional provision turned on whether FPD No. 5 operated a "regularly[-]paid fire department." The trial court signed a judgment on April 21, 2009, declaring that FPD No. 5 was not a regularly-paid fire department and thus, FPD No. 5 was "not required to create and establish a system of classified civil service." The next day, the trial court denied Ballard's request for a ruling on his remaining claims. Subsequently, Ballard filed a motion for summary judgment on the remaining issues, and the trial court signed a final judgment denying and dismissing, with prejudice, all of Ballard's procedural due process and payment claims against FPD No. 5 and its board members on August 26, 2010. Ballard appeals the dismissal of his claims, as well as the trial court's initial ruling that FPD No. 5 was not a regularly-paid fire department subject to the classified civil service law for firemen.
Initially, we note that, although the April 21, 2009 judgment denying Ballard's request that the trial court declare that FPD No. 5 was required to participate in a classified fire civil service system was interlocutory, Ballard is now entitled to seek review of all adverse interlocutory judgments that are prejudicial to him or that involve the same or related issues, in addition to the review of the August 26, 2010 final judgment dismissing all of his claims with prejudice.
Article X, Section 16 of the Louisiana Constitution of 1974 provides, in pertinent part, that a system of classified fire and
The only relevant jurisprudence regarding fire protection districts with a large number of volunteer firemen is found in France v. East Central Bossier Fire Protection District No. 1, 44,058 (La.App.2d Cir.2/25/09), 4 So.3d 959, writ denied, 2009-0726 (La.5/15/09), 8 So.3d 589.
We agree with the second circuit's reasoning and analysis in France, as well as the pertinent attorney general opinions. Moreover, we conclude that FPD No. 5 clearly operates a regularly-paid fire department by virtue of its employment of three full-time and two part-time paid employees. Thus, the constitutional and statutory provisions requiring a system of classified fire civil service, as well as minimum wages, sick leave, annual vacation, and holidays is mandated for FPD No. 5. See France, 4 So.3d at 967. See also Attorney General Opinion 01-379. The investigation and discharge of a full-time paid fireman employed by a fire protection district must conform to the procedural due process requirements provided in the classified fire civil service law. See La. Const. Art. X, § 16; La. R.S. 33:2531, et seq.
Based on the foregoing, we reverse the April 21, 2009 judgment, which found that the Livingston Parish Fire Protection District
Costs of this appeal in the amount of $1,944.00 are assessed to the Livingston Parish Fire Protection District No. 5 in accordance with La. R.S. 13:5112.