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Berry v. City of Bossier City9/8/2005
recruits, and that he was thus certified 12th. According to Chief Wallace, the class was certified based on the recruits' performance on the Civil Service Exam, the agility test, the class test average, and the EMT test average. He stated that McGee was a member of the April 26, 1995 class and he was certified last in his class due to his performance in training. This class was certified based on the agility test, the class test average, the Fire Fighter 1 test score, the Fire Fighter 2 exam score, a second agility test, the LSU Fire Fighter 1 test and the LSU Fire Fighter 2 test. At that time, EMT test scores were not considered because the recruits completed that training before coming to the BCFD.
Since Chief Wallace decided to not use the Civil Service test (which was taken well before BCFD training began) and in the absence of the EMT test scores, he added the additional exam scores and the additional agility test; he felt that an increased number of objective criteria would be the best indication of the recruits' performance. According to Chief Wallace, the Civil Service score would not have affected McGee's certification because he did not pass the LSU Fire Fighter 1 exam on the first try and he did not pass the LSU Fire Fighter 2 exam. Chief Wallace stated that race was not a factor in the certification of any class.
The evidence submitted on summary judgment does not support McGee's and Lacoure's assertions that they were the victims of racial discrimination by the BCFD. The advice given to them about being careful during the agility test to avoid a mistake that would be disqualifying was given to all recruits, regardless of race. Furthermore, it was apparently sound advice as to this pass-or-fail test. McGee and Lacoure also assert that they were not told about the factors that were considered in certification ranking. However, there is no evidence that other recruits of other races were given this information. To the contrary, the evidence indicates that none of the recruits were told about the factors so that they would put forth their best efforts on all aspects of training, not just the ones used for certification. Lacoure stated in his affidavit that, had he known that the civil service exam scores would count towards his certification ranking, he would have taken the exam more than once to try to get a better score. Likewise, it is implied in both his and McGee's affidavits that, had they known of the factors used in determining certification ranking, they would have tried harder and done better. However, this is speculation on their part. Mere speculation is not sufficient. Ray v. City of Bossier City, 37,708 (La. App. 2d Cir. 10/24/03), 859 So. 2d 264, writs denied, 2003-3254 & 2003-3214 (La. 2/13/04), 867 So. 2d 697
We find that summary judgment on the issue of certification is appropriate and is hereby granted as to McGee and Lacoure.
CONCLUSION
The judgment of the trial court denying summary judgment is reversed. We grant summary judgment in favor of the defendant and against Jimmie McGee on the issues of retaliation, failure to promote and certification. We also grant summary judgment in favor of the defendant and against Cameron Lacoure on the issues of hostile work environment and certification.
Costs of this appeal are assessed against the plaintiffs.
REVERSED.
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