Pilcher v. Mourad
Pilcher v. Mourad
Opinion of the Court
This is an action for mandamus. Plaintiffs, former employees of the Minden Police Force, prayed for judgment against the five defendants as members of the Minden Fire & Police Civil Service Board, ordering the holding of a hearing to determine the reasonableness of the alleged discharge or termination of employment of plaintiffs.
Judgment was rendered in favor of plaintiffs granting the relief prayed, from which judgment the defendants prosecute this appeal.
Defendants-appellants complain of errors (1) on the ground that plaintiffs’ action was brought under LSA-R.S. 33:2471 et seq., which statutory provisions are not applicable to the municipality of Minden; and (2) that plaintiffs are resigned employees who are not entitled to a hearing with respect to the circumstances surrounding their resignation.
The judgment appealed from orders defendants to hold a hearing pursuant to the provisions of LSA-R.S. 33:2501 et seq., as amended by LSA-R.S. 33 :2531 et seq.
Defendants complaint with respect to the error of pleading is highly technical. The provisions of LRS. 33:2561 governing appeals by employees to the Boards established in municipalities of less 'than 13,000 population is almost a verbatim reiteration of the comparable provisions set forth in LRS. 33:2501 governing appeals by employees to the Boards established in municipalities having a population in excess of 13,000. It is, therefore, obvious that defendants could suffer no possible prejudice as the result of the technical error in pleading.
The contention of error on the ground that plaintiffs had resigned their employment as members of the Minden Police Force involves a disputed question of fact, in view of the testimony by plaintiffs that their resignations were not voluntary. This factual question involves the necessity for a determination by the Board as to the reasonableness of the action by which plaintiffs’ employment was terminated, an issue which the statute requires to be considered by the Board at a hearing and investigation upon demand by the employee. This is the exact nature of relief which was sought by the plaintiffs and which was granted in the judgment appealed from.
For the reasons assigned the judgment appealed from is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.