Civil SuitDisciplinary Action

Louisiana Court Holds Firefighter’s Suspension Violates Firefighter Bill of Rights 60-Day Deadline

A Louisiana appellate court has affirmed a Civil Service Commission decision overturning a six-hour suspension imposed on a New Orleans firefighter after concluding the department failed to complete its investigation within the 60-day time limit required by the Firefighters’ Bill of Rights. 

The case involved Chase Bruner, a firefighter with the New Orleans Fire Department (NOFD), who was working an overtime shift on April 11, 2024, on an EMS unit. During that shift, EMS vehicle cameras recorded traffic violations by Bruner that included racing another ambulance, excessive speeding, and driving on the wrong side of the street.

According to the decision, the EMS in-vehicle camera system flagged a sudden braking event. EMS Major Gerardo Figueroa-Camps reviewed the footage on April 18, 2024, and forwarded the full video to EMS Deputy Chief Chris Keller. On April 19, 2024, Chief Keller notified NOFD of the incident, and NOFD requested access to the video that same day. EMS provided the video link on April 19.

Deputy Chief Armand Bourdais later discovered that the video link was inactive and requested renewed access on May 9, 2024, receiving it the same day. On June 21, 2024, NOFD Superintendent Roman Nelson issued a letter to Bruner charging him with violating NOFD Rule RR5, which requires compliance with City of New Orleans policies, specifically CAO Policy 5(R) governing driving standards. The letter imposed a six-hour suspension.

Bruner appealed the discipline to the City Civil Service Commission. A hearing was held on November 15, 2024. On May 8, 2025, the Commission granted Bruner’s appeal, reversed the suspension, and ordered NOFD to reimburse him for lost wages and emoluments. The Commission concluded that NOFD failed to complete its investigation within the 60-day period required by La. R.S. 33:2186. It is worth noting that Louisiana Firefighter’s Bill of Rights has the shortest statute of limitations for disciplinary investigations in the country.

NOFD appealed the Commission’s decision to the Louisiana Fourth Circuit Court of Appeal. The department argued that the Commission misapplied the law governing when an investigation begins and improperly relied on an Attorney General’s opinion.

In its decision, the appellate court focused on the timing of the investigation. The court noted testimony establishing that NOFD was informed of the alleged misconduct on April 19, 2024, and requested and received the video evidence that same day. The court concluded that the investigation began on April 19, 2024, when NOFD started collecting evidence with a view toward possible discipline.

Under the Firefighters’ Bill of Rights, investigations must be completed and discipline imposed within sixty days unless an extension is granted. Louisiana courts have consistently interpreted this to mean that the appointing authority must finish the entire disciplinary process within 60 days—not merely gather the facts. That includes issuing the notice of charges and imposing discipline. If discipline is imposed after the 60th day (absent a properly granted extension), it is untimely and subject to reversal. Based on the April 19 start date, the court found NOFD was required to complete the investigation by June 19, 2024. Because the suspension letter was not issued until June 21, 2024, the court agreed with the Commission that the deadline had been missed.

The court also rejected NOFD’s claim that the Commission improperly relied on a Louisiana Attorney General opinion. While the Commission referenced the opinion, it explicitly recognized that Attorney General opinions are advisory and not binding. The appellate court concluded the Commission relied on the evidence and statutory requirements, not the opinion, in reaching its decision.

The Fourth Circuit affirmed the Commission’s ruling in full, leaving intact the reversal of Bruner’s suspension and the order requiring reimbursement of lost pay. Here is a copy of the complaint.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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