Background

• Ballard began as a volunteer firefighter for FPD No. 5 in 1986 and became assistant fire chief in 1991, later receiving a regular salary as a full-time employee.
• In August 2008, Ballard was terminated by FPD No. 5’s five-member board without prior investigation, notice, or opportunity to present witnesses or counsel.
• FPD No. 5 had three full-time and two part-time paid employees in 2008, with 70–80 volunteers, and excluded from the classified fire civil service system at that time.
• Ballard asserted procedural due process violations under the Louisiana civil service law and sought back and future compensation, among other claims.
• The trial court ruled FPD No. 5 was not a regularly-paid fire department and thus not subject to the classified civil service, leading to dismissal of Ballard’s claims.
• On appeal, the court considered whether FPD No. 5 operated a regularly-paid fire department and thus should participate in the classified civil service under Article X, Section 16 and La. R.S. 33:2531 et seq.

Issues

Key Cases Cited

• France v. East Central Bossier Fire Protection District No. 1, 4 So.3d 959 (La.App.2d Cir. 2009) (civil service required for districts with volunteers and multiple paid staff)
• Heintz v. City of Gretna, 683 So.2d 926 (La.App.5th Cir. 1996) (distinguishes volunteer vs. regularly-paid departments)
• Marshall v. West Baton Rouge Parish Fire Protection District No. 1, 991 So.2d 492 (La.App.1st Cir. 2008) (supreme court/ remanded context on employment entity and operations)
• City of New Orleans v. Board of Directors of Louisiana State Museum, 739 So.2d 748 (La. 1999) (persuasive authority on advisory opinions and public policy)
• Robertson v. Doug Ashy Bldg. Materials, Inc., 77 So.3d 389 (La.App.1st Cir. 2011) (interlocutory review scope and prejudicial judgments)