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EDDIE FULLER C/W WANDA NEWSOME VERSUS

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NO. 2007-CA-0369 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

DEPARTMENT OF FIRE * *******

APPEAL FROM CITY CIVIL SERVICE COMMISSION ORLEANS NO. 7161 ****** Judge David S. Gorbaty ****** (Court composed of Judge Michael E. Kirby, Judge David S. Gorbaty, Judge Edwin A. Lombard)

Louis L. Robein, Jr. ROBEIN, URANN & LURYE 2540 Severn Avenue, Suite 400 P.O. Box 6768 Metairie, LA 70009-6768 COUNSEL FOR PLAINTIFF/APPELLANT Penya Moses-Fields City Attorney Joseph V. DiRosa, Jr. Chief Deputy City Attorney Victor L Papai, Jr. Assistant City Attorney 1300 Perdido Street City Hall - Room 5E03 New Orleans, LA 70112 COUNSEL FOR DEFENDANT/APPELLEE REVERSED

Appellants Eddie Fuller and Wanda Newsome, New Orleans Fire Department (NOFD) employees, each appeal the denial of their appeals to the Civil Service Commission.1 For the following reasons, we reverse. FACTS AND PROCEDURAL HISTORY: Ms. Newsome is a dispatcher with the NOFD. She was on vacation at the time Hurricane Katrina struck the New Orleans area. She evacuated with her daughter and grandson to Atlanta. Ms. Newsome was scheduled to return to work on September 14, 2005, but did not return until September 29. Mr. Fuller was on duty at the time the hurricane struck. His firehouse flooded, and he was evacuated to Delgado Community College, then to Baton Rouge. He did not return to work until September 30. The NOFD determined that September 22, 2005, was the last date on which an employee could return after the storm without disciplinary action being taken. The return date was to apply to all employees across the board. Both Ms. Newsome and Mr. Fuller appeared before a Peer Review Board for possible
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The two appeals were consolidated at the lower level. 1

disciplinary action following their return to work. The Board found the pair guilty of violating department rules and regulations. Following the Board review, Charles Parent, the Superintendent of Fire, reviewed the cases to impose disciplinary penalties; Mr. Fuller was suspended for 60 days and Ms. Newsome was suspended for 30 days for taking unauthorized leave. The suspensions were appealed to the Civil Service Commission. The Commission affirmed the suspension finding that the September 22 return date was reasonable and was imposed uniformly on all fire department personnel. These appeals followed. LAW AND ANALYSIS: A permanent classified Civil Service employee may not be disciplined except for cause expressed in writing. La. Const. art. 10,

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