Bret Vance v. City of Laramie, 382 P.3d 1104

Bret Vance, a Laramie firefighter, tested positive for low-level alcohol on two on-duty breathalyzer tests; the City discharged him under personnel rules allowing termination for a second substance violation.
Vance appealed to the Civil Service Commission (Commission); Decision #1 reduced discharge to a two-month unpaid suspension. The City and Vance both petitioned district court review; the district court reversed and remanded for correct legal standard application.
On remand the Commission (Decision #2) refused to consent to discharge, finding the breathalyzer tests invalid under DOT standards. The City petitioned the district court, which reversed and remanded, directing the Commission to accept the tests.
The Commission thereafter (Decision #3) accepted the tests and consented to discharge; Vance sought district court review, which the court dismissed. Vance appealed to the Wyoming Supreme Court.
The Supreme Court raised, sua sponte, whether the district court had subject-matter jurisdiction to hear the City's petition challenging Commission Decision #2 (a decision refusing to consent to discharge).

Issue	Vance's Argument	City’s Argument	Held
Whether the district court had subject-matter jurisdiction to review the Commission’s Decision #2 refusing to consent to discharge	§ 15-5-113 permits review only of commission decisions that discharge or reduce an employee; Decision #2 was not an adverse employee decision and thus not reviewable by the district court	Presumption favoring judicial review (Keslar) and lack of explicit statutory prohibition mean City may seek review of Commission decisions refusing consent	Held: No jurisdiction. § 15-5-113 authorizes review only of decisions discharging or reducing rank/pay; the civil-service scheme and legislative history show the legislature did not intend to permit cities to seek judicial review of commission refusals to consent to discharge. The district court’s review was void and subsequent proceedings were vacated.

Keslar v. Police Civil Serv. Comm’n, 665 P.2d 937 (Wyo. 1983) (presumption favoring reviewability discussed; suspension treated as reduction in pay under statute)
Block v. Community Nutrition Inst., 467 U.S. 340 (U.S. 1984) (statutory scheme can fairly disclose intent to preclude judicial review despite a general presumption)
Albertson’s, Inc. v. City of Sheridan, 33 P.3d 161 (Wyo. 2001) (applying Block to find statutory text and scheme showed legislative intent to limit judicial review)
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm’n, 845 P.2d 387 (Wyo. 1993) (judicial review of administrative decisions is entirely statutory; presumption aids interpretation)
Pisano v. Shillinger, 835 P.2d 1136 (Wyo. 1992) (recognizing Block rationale in Wyoming jurisprudence)