Vance v. City of LaramieAnnotate this Case
Appellant was discharged from his position as a firefighter with the City of Laramie after random breathalyzer tests performed while he was on duty detected alcohol in his system. The Civil Service Commission reduced Appellant’s discipline from discharge to a suspension. The district court reversed and remanded for further agency proceedings, concluding that the Commission had applied the wrong legal standard. On remand, the Commission found that the breathalyzer tests were invalid and ruled in favor of Appellant. The district court again reversed on remanded, concluding that the law and the record did not support the Commission’s conclusion. On remand, the Commission consented to Appellant’s discharge. The district court dismissed Appellant’s petition for review. The Supreme Court dismissed Appellant’s appeal, holding (1) the district court did not have subject matter jurisdiction to consider the City’s petition for review of the Commission’s second decision because the legislature did not grant cities the right to judicial review of commission decisions refusing to consent to employee discharges; and (2) because the district court lacked jurisdiction to review the Commission’s second decision, it was final, and all of the proceedings that followed the Commission’s second decision were improper.