In Re: Appeal of Derek Burns

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

IN RE: APPEAL OF DEREK BURNS NO. 2019 CW 0280

JUL 2 9 2019

In Re: City of Baton Rouge Police Department, applying for

supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 664937.

BEFORE: GUIDRY, MCCLENDON, HIGGINBOTHAM, CHUTZ, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. Neither La. R. S. 33: 2501 nor

Rules VI or VIII of the Baton Rouge Municipal Fire and Police
Civil Service Board Rules mandate that the testimony taken or

the proceedings before the Baton Rouge Municipal Fire and Police
Civil Service Board be transcribed. The record in this case is
not rendered incomplete or in violation of La. Const. art. I, §

19 due to the lack of a transcript or an audio recording.
Because neither party requested that the proceedings be
transcribed nor furnished a court reporter for the purpose of

obtaining a transcript, a transcript was not required in this
case. La. R. S. 33: 2501( E)( 3); Rule VIII, Section 1, Baton Rouge
Municipal Fire and Police Civil Service Board Rules.

Accordingly, we find that the district court' s February 27, 2019

ruling permitting a full remand was in error and said ruling is
hereby vacated. However, La. R. S. 33: 2501 and Rules VI and VIII
of the Baton Rouge Municipal Fire and Police Civil Service Board
Rules require written findings of fact be issued by the Baton

Rouge Municipal Fire and Police Civil Service Board when no

transcript is made. To the extent that the record before the
district court lacks written findings of fact, this matter is
remanded to the district court with an order to have the Baton
Rouge Municipal Fire and Police Civil Service Board supplement

the record in this case with the written findings of fact.

JMG
PMC
WIL

Higginbotham and Chutz, JJ., dissent and would deny the

writ.

COURT OF APPEAL, FIRST CIRCUIT

D CLERK OF COURT
FOR THE COURT