Skip to main content
LawHelp.Org/LA
 
LawHelp.Org/LA is Administered by Southeast Louisiana Legal Services
 
 
Larger Text
 
 
New Orleans City Civil Service: Your Rights On Appeal
by: New Orleans Legal Assistance   LSC LOGO
Q.I am a New Orleans Civil Service employee.  What are my rights if the city or my department takes some action against me that I do not like?
A.As a civil service employee with the City of New Orleans, you have rights to appeal to the city's Civil Service Commission many, but not all, personnel actions that are adverse to you.  Appealable disciplinary actions can include dismissals, involuntary retirement, demotion, suspension, fine or reduction in pay.  Actions such as layoffs are not usually appealable, unless you can prove that illegal discrimination or retaliation is involved.  You should get a copy of the civil service rules made by the city's Civil Service Commission, to get more details about your appeal (and other) rights.  Also, in addition to a civil service appeal, you may have other remedies under municipal, state or federal law. 
Q.

Does it matter how long I have been with the City?

A.Yes.  Generally, only permanent employees have the right to appeal to the Civil Service Commission.  A permanent employee is someone who has finished his or her working test (probationary) period.  However, any employee, no matter how he or she is classified or how long he or she has been working for the City, can appeal if the employee believes he or she is the victim of illegal discrimination or retaliation for having reported illegal or improper conduct to the appropriate authority. 
Q.What can I be disciplined for?
A.

You have more rights, more legal protection, if you are a permanent employee, because you have earned a constitutionally-protected "property interest" in your job.  The City cannot discipline a permanent employee except for "legal cause," which means that your conduct must have "impaired the efficiency and orderly operation of the public service" and have been "reasonably and substantially" job-related.  Non-permanent employees have less protection; the City may not even give you a reason for ending your employment.  While the City must always follow Civil Service rules (this is why it is a good idea to have a copy of those rules), it must give permanent employees constitutional "due process" rights.  These include adequate advance notice, with enough detail for you to defend yourself on appeal, and an opportunity to contest the charges before the discipline is imposed.  The City also cannot punish you twice for the same thing (for example, it cannot suspend you for a definite time period, then later decide to fire you for it).

Q.How do I file an appeal?
A.

If you decide to appeal, you must do so:

In writing.  Civil Service has simple forms that you can fill out and file on your own if you have no lawyer to do it for you.  You can also write out a letter and file that.  Whatever you do, be sure that you keep a copy of what you file, and be sure that your copy is "date-stamped" so you have proof of when you filed your appeal.

On time.  Your appeal should generally be filed within 30 days of the date of the disciplinary action letter.  If you are appealing discrimination, you may have to file earlier, within 30 days of the act of discrimination you are appealing.  If your appeal is late because of something beyond your control (for example, the letter did not tell you how long you had to appeal and you did not know the time period, or because civil service lost your appeal), go ahead and file your appeal and try to get a lawyer to help you.  The City's lawyers will try to get your appeal dismissed as being too late.

With details of discrimination or retaliation, if that is part of your appeal.  Civil Service rules require you to be very specific and to give details in your appeal.  You should describe what happened in detail, and give names and dates and specifics about how the discrimination or retaliation happened.  If you have already filed an appeal but did not provide these details, you have the right to amend (add to) your appeal, and you should do so as soon as possible.  If you wait until your hearing to bring it up, the hearing officer will generally not let you discuss it.

 

Q.What happens after I file my appeal?
A.The Civil Service Commission is required by its rules to open your appeal within 45 days of its filing.  Then, it will usually assign your case to a "hearing examiner," a lawyer who sets a hearing, listens to each side's witnesses, reviews each side's documents, and gives a report to the full Commission.  The City may try to get your appeal dismissed before a hearing (for example, if the City thinks your appeal was filed late, or that you are not entitled to file an appeal).  If it does that, the Commission will have a hearing on that, to decide if your appeal can go on to a hearing examiner.
Q.What are my rights at the appeal hearing?
A.

You have quite a few rights, including the right to:

       Answer any motion filed by the City against you;

      Speak at any hearing;

      Bring witnesses or documents to the hearing;

     Have witnesses or documents brought by order (a "subpoena" that requires you to complete certain forms well before the hearing);

     Postpone the hearing when necessary (you have to ask the hearing examiner in advance and he or she may refuse if you do not have a good reason);

     Have a decision made in a reasonable period of time (while Civil Service rules require the Commission to make a decision within 90 days of receiving the record from the hearing examiner, the courts are not likely to give you any relief unless the delay beyond 90 days is very long); and

     Be represented by a lawyer (you may find a private attorney by checking the yellow pages, or you may be eligible for free legal services from a program near you).

  Search
   Tips on Searching

  Live Chat by LivePerson
Find Legal Help On Government Employment
Related Resources
Louisiana State Employees' Retirement System This link opens a PDF file in a new window.  If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page.
By: State of Louisiana
Resources for State Employees (Separate Website)
By: Louisiana Department of State Civil Service
more...
Last Reviewed On: 08/17/02
 

Click to hear a sound recording of this information.  

Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are.  The information in this web site is not guaranteed to be up-to-date.  The information in this web site cannot replace the advice of competent legal counsel licensed in your state.

Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.

Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such sites, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.

 
  Powered by ProBono.Net

 

Your Support Makes A Difference!

Legal Services Corporation     United Way     Louisiana Bar Foundation     New York Community Trust     2007 Webby Award Winner     2008 Webby Award Nominee    
 
  © 2001 - 2008, Pro Bono Net, All Rights Reserved

Bobby WorldWide Approved 508 Level A conformance icon, W3C-WAI Web Content Accessibility Guidelines 1.0