Chief wants city to appeal Civil Service ruling

Police Chief Ronald Dies thinks the Municipal Fire and Police Civil Service Board overstepped its authority when it reversed the termination of officer Tayla Fruge.
The board on Tuesday evening, citing its attorney’s opinion, ruled the City Council violated Fruge’s rights in upholding Dies’ termination of her and put her back on the force.
Dies believes the board and its attorney are wrong and hopes the city takes the matter to district court.
A problem with that is that there is a very narrow range of what board actions can be appealed.
The board’s attorney, Daniel Landry, III of Lafayette, thinks the council denied Fruge due process by not telling her she had the right to have council, present evidence and elicit testimony when council members took up her firing.
That’s not so, says Dies, and he notes a letter of November 2013 from City Attorney Vernon McManus to Mayor Rusty Moody to that effect.
McManus points out in that correspondence a Louisiana Supreme Court decision that says a council is required only to listen to, and debate among themselves as they choose, the recommendation of the chief of police for the discipline or firing of police personnel and then decide what it wants to do.
“It is my opinion that the only right of the police officer being discipline or terminated is his right to have the Chief’s recommendation to the Council made either in executive session or in open session. The police officer under consideration does not have any right to debate or challenge or present contrary evidence or information at that council meeting,” McManus wrote.
An officer can appeal an adverse decision under civil service rules and/or to district court, he noted.
An ironic twist: If the matter gets to court, the city will be paying both lawyers.