City wins one, loses one in Civil Service appeals to district court

The City of Eunice has won one and lost one in appeals of Civil Service issues to 27th Judicial District Court.
Judge Alonzo Harris has ruled that the City Council properly terminated Police Officer Talya Fruge, reversing the Fire & Police Civil Service Board order that she be re-instated and instructing the board to hold a full evidentiary hearing on her appeal of her firing.
In the other case, Harris ruled that Dies failed to act within a statutorily allotted time frame in his discipline of Officer Richard Abadie, upholding the Civil Service Board’s reversal of that discipline.
In the Fruge case, the board never heard any evidence, testimony, etc. in her appeal of her dismissal.
The board relied on its counsel’s opinion that the City Council had violated Fruge’s rights by not allowing her to present evidence, testimony or take any other actions construed as part of a traditional evidentiary hearing.
The Civil Service unit ordered Fruge restored to her post, with back pay. She has not returned to work since that ruling.
City Attorney Vernon McManus argued that the Civil Service panel was incorrect, that it owed Fruge nothing but the opportunity to be present as it considered whether to accept Dies’ termination recommendation.
Dies alleges that Fruge failed to assist an officer (Abadie) when he asked for help controlling and handuffing a suspect after a vehicle crash.
After a pre-disciplinary hearing in his office, Dies recommended that the City Council fire Fruge.
Edwards ruled the City Council acted properly and in good faith and ordered the Civil Service panel to hold a hearing at which Fruge and Dies can make their cases.
But the horse, so to speak, is already out of the board, since the City Council has in fact fired Fruge.
The Abadie case began in February 2012 after a traffic stop. Video from the scene shows Abadie using a choke hold on a suspect.
Evidence introduced during the Civil Service hearing shows Dies informed Abadie in November that an investigation into the matter was under way, In January of this year, Dies suspended Abadie for five days.
Abadie appealed, saying Dies has waited too long to conclude an investigation.
Abadie claimed the investigation began when Dies viewed the video, in February 2013, and that the 60 days allowed by law had long since expired when Dies officially told him an investigation was under way (November).
The city contends that view by the chief did not constitute the beginning of an investigation.
Harris disagreed, ordering the discipline reversed and lost pay and service time restored.