Gibson v. Municipal Fire & Police Civil Service Board of Baton Rouge

WATSON, Judge ad hoc.

I find myself in disagreement with the majority.

There is no question that we, like the District Court, are limited to a determination of whether the Board made a determination in good faith for cause. Marchia-*366fava v. Baton Rouge Fire and Police Civil Service Board, 233 La. 17, 96 So.2d 26 (1957). As to the good faith of the Board, I have no doubt; however, the “cause” involved presents serious questions in my opinion.

I agree with the District Court that there is no constitutional prohibition against the employee resigning after he has been suspended, but that is not the…