Marksville ordered to reinstate laid-off police detective

In a classic power struggle to determine who has the final say in city employee matters, the City of Marksville and its Civil Service Board are headed to court over whether a laid-off police officer should be permanently reinstated, as ordered by the city’s Civil Service Board.

12th Judicial District Judge Billy Bennett ruled May 1 that detective Lt. Jason Brouillette must be allowed to return to work, with back pay since his layoff in November, pending a court hearing of the city’s appeal of the Civil Service ruling that overturned his lay-off. The order does not indicate the city is responsible for any legal costs Brouillette incurred in the case.

Brouillette reported to duty on May 4, Police Chief Elster Smith said.

The City Council laid off Brouillette on Nov. 3, along with six other city employees -- including three other police officers.

Brouillette appealed to the Civil Service Board on Nov. 9. The board unanimously ruled on Feb. 7 that the City Council had violated the Civil Service statute. On Feb. 23, the board met again and unanimously found that the city’s action against Brouillette “was not taken for just cause under the provisions of the Marksville Civil Service law.”

The board ordered the immediate reinstatement of Brouillette to his previous position and for back pay from the time of removal in November.

The city refused to comply with the Civil Service order.

APPEAL NOT SCHEDULED

The city has appealed the Civil Service Board action to the 12th District Court, but that appeal has not been scheduled for hearing.

On April 24, Bennett heard the city’s motion seeking to postpone Brouillette’s reinstatement, claiming the request for reinstatement is “premature” until the appeal is decided.

Bennett said the city’s allegation that Brouillette’s filing for reinstatement and back pay is “premature” is “without merit and is to be dismissed.” He also noted that granting the city’s request “would contradict applicable law.”

Brouillette’s attorney, Dan Broussard of Alexandria, said the Civil Service law is clear that when a Civil Service board makes a decision, “the city is required to follow that decision, even though they can still appeal that decision.”

Broussard said that when the city refused to comply with the order to reinstate Brouillette, the only thing he could do was ask the court to order the city to obey the law -- which is called a “writ of mandamus.”

None of the other laid-off employees appealed to the Civil Service Board. Smith said he has not been told if any other laid-off police officers will be reinstated.

Civil Service Board President John Ed Laborde said he believes the time period to appeal the council action to the Civil Service Board has expired.

“We ruled the city was wrong in the way they handled the layoffs,” Laborde said. “They did not follow inverse order -- last hired, first to go -- as required by the city’s Civil Service law.”

Laborde said the Civil Service Board simply followed the law, as outlined in Marksville’s city charter. Board members did not stray outside the lines drawn by that law.

“Civil Service is there for a reason,” Laborde said. “It is there to protect the civil servant. The Civil Service Board did its job in this case.”