State ex rel. Aucoin v. Board of Police Com'rs

Citations

• 113 La. 424
• 37 So. 16
• 1904 La. LEXIS 660

Syllabus

<p>POLICE COMMISSIONERS — DISCHARGE OP POLICEMAN — HEARING—PROCEDURE—MANDAMUS.</p> <p>1. The statute provides that five members of the police board shall constitute a quorum. There were present eight members; six of whom were participating in the proceedings, and two' not. Of these six, four voted in the affirmative and two in the negative. Held, the nonparticipation of two of the members did not affect the validity of the proceedings of the meeting. It suffices always that a quorum be present and voting, and that a majority concur.</p> <p>2. The police board may hear the evidence in a case at one meeting and pass upon the case at another, and it makes no difference what time intervenes between the meetings, so long as the second meeting is composed of members who were present at the trial of the case.</p> <p>3. Before an officer dismissed from the police force by judgment of the police board can obtain a mandamus to compel the board to reinstate him, he must show that he exhausted his legal remedies before the board by applying for a new trial.</p> <p>(Syllabus by the Court.)</p>