Odom v. City of Minden

TATE, Justice

(concurring).

In the present instance, our state constitution limits judicial review to “the determination of whether the decision made by the board was made in good faith [and] for cause.” Louisiana Constitution Article XIV, Section 15.1(31) (1921, as amended).

This jurisdictional requirement is not met by a judicial finding that the appointing authority acted in good faith and for cause. The constitution delegates to the civil service board a degree of discretion, in its expertise, to classify factually whether action by the appointing authority constituted abolition of a classification (which requires the board’s approval) as contrasted with abolition of a position (which does not).

Absent a judicial determination that the board did not act in good faith and for cause, I cannot agree that the board was in error in finding as a fact that the appoint*465ing authority had abolished a classification rather than a position.

I therefore concur in the majority opinion.