Bland v. City of Houma

264 So. 2d 729, 1972 La. App. LEXIS 6381
CourtLouisiana Court of Appeal
DecidedJune 26, 1972
DocketNo. 8923
StatusPublished
Cited by7 cases

This text of 264 So. 2d 729 (Bland v. City of Houma) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bland v. City of Houma, 264 So. 2d 729, 1972 La. App. LEXIS 6381 (La. Ct. App. 1972).

Opinion

BLANCHE, Judge.

This is an appeal by Homer Bland from the judgment of the District Court which affirmed the decision of the Houma Municipal Fire and Police Civil Service Board, which in turn affirmed and upheld the action of the Mayor and City Council of the City of Houma which dismissed Bland as Fire Chief of the Houma Municipal Fire Department. Plaintiff’s appeal from this District Court judgment was specifically sanctioned by the Louisiana Supreme Court, see Bland v. City of Houma, 260 La. 285, 255 So.2d 771 (1972).

The District Judge rendered Written Reasons for Judgment summarizing the status of the litigation and the evidence as follows:

“This is an appeal by Homer Bland, former Fire Chief of the City of Houma, from a decision of the Houma Municipal Fire and Police Civil Service Board, hereinafter referred to simply as the ‘Board,’ rendered December 11, 1971, upholding the action of the Mayor and City Council of the City of Houma dismissing Bland as Fire Chief of the Houma Municipal Fire Department. The Mayor and City Council will be hereinafter sometimes referred to as the ‘appointing authority’ or the ‘City’.

“To this appeal, both the City and the Board filed Motions to Dismiss and Exceptions of No Cause of Action. The motions and exceptions were maintained and appellant applied for and was granted writs by the Supreme Court of Louisiana which dismissed the motions and exceptions and reinstated the appeal on the docket of this court.

“Before proceeding to render judgment on this appeal, we must bear in mind several limitations which have been imposed on the restricted appellate jurisdiction of this court by the jurisprudence.

“Firstly, in Marchiafava v. Baton Rouge Fire and Police Civil Service Board, 233 La. 17, 96 So.2d 26, the Louisiana Supreme Court stated, in overruling a district court decision which overruled Board action (by suspending plaintiff instead of terminat[731]*731ing his employment as approved by the Board):

‘. . . unquestionably the district court was without authority to substitute, as it did, its judgment for that of the Board (changing the punishment meted out from dismissal to suspension.)’

“We are admonished in Brickman v. New Orleans Aviation Board, 236 La. 143, 107 So.2d 422, that there must be a real and substantial relation between the assigned cause for the dismissal of the appellant and his qualifications for the position in which he served.

“In Leggett v. Northwestern State College, 242 La. 927, 140 So.2d 5, the Supreme Court recognized the principle announced in Brickman hut acknowledged its error in that case in failing to

‘follow the principle of law that if there is any evidence before the commission from which a conclusion can be drawn that the employee’s conduct is prejudicial to the service, the commission’s ruling will not be disturbed; and in failing to apply this principle of law in that case [Brickman] we now think we erred . . . ’ [140 So.2d at 10]
‘Under these provisions of the Constitution [Art. 14, Section 15(0) (1)] the courts may not inquire into the sufficiency of the evidence to ascertain whether the commission was correct in its finding of fact, and if there is any evidence to support its finding of fact, such finding may not be disturbed. Consequently if the facts found by the commission disclose legal cause for disciplinary action, there is nothing for the courts to review.’ [140 So.2d at 9]

“In Milam v. Municipal Fire and Police Civil Service Board of DeRidder, 253 La. 218, 217 So.2d 377, the Supreme Court of Louisiana reviews the previous pertinent jurisprudence, particularly Pettit v. Reitzell, 202 La. 12, 11 So.2d 13, and State ex rel. Whitfield v. Municipal Fire and Police Civil Service Board of City of Monroe, 211 La. 963, 31 So.2d 178, and concludes that the appellate jurisdiction of the district court under R.S. 33:2501 ‘is limited to a determination of whether the action of the Board was made in good faith for cause.’

“Appellant contends that his dismissal was founded on ‘stale and/or condoned “Reasons” resurrected and cumulated for personal and political motives.’ He contends further that ‘for a Board to approve a dismissal founded on such an improperly motivated cumulation of charges is an exercise in bad faith as such stale condoned charges cannot be “legal cause” for dismissal.’ (App. Memo in Support of Appeal)

“In support of this contention appellant cites Robbins v. New Orleans Public Library, [La.App.] 208 So.2d 25. However, in Ragusa v. Department of Public Safety, Division of State Police, [La.App,] 238 So.2d 193 [writ refused, 256 La. 885, 239 So.2d 542], in discussing the Robbins case and Cormier v. Board of Institutions, [La.App.] 230 So.2d 307, the court stated: ‘ “staleness” alone is no reason for disregarding a charge, so long as it forms the real basis for the proposed disciplinary action.’ The court pointed out that in the Cormier case the conduct complained of had been condoned ‘and the basis for the discharge was not the rules violation but political motivation.’

“The record of the appeal before the Board is voluminous, consisting of five volumes of testimony all of which we have read; and we find nothing therein indicating that appellant’s dismissal was politically motivated. Appellant’s own summary and analysis of the ‘political motivation’ throws considerable doubt on whether the situation here presented was really ‘political’ in nature, viz. (App. Memo in Support of Appeal) :

‘It was the pressure from disgruntled firemen which led to the initial decision to “investigate”; it was political pressure which taunted the Mayor and Council into ordering the “investigation”; it [732]*732was the firemen’s threat of mass resignation communicated to the City through the Board which urged the Mayor and Council to fire Appellant. In short, the cry was out to get rid of Homer Bland; the “investigation” was the tool used to dredge up every possible charge which might support a dismissal and the threat of mass resignation was implemented to insure the action.
‘The record of the investigation will reveal that the entire task of the Board was to draw from each witness that which he might contribute to the effort •to shore up Mr. Bland’s dismissal.
‘It is precisely to avoid such a concerted effort to be rid of an employee that the rule of the Robbins case was developed. The Board could not have been in legal good faith in approving such a dismissal.’

“We are not determining here, of course, whether the appointing authority acted in good faith and for cause in dismissing appellant. Our sole function here is to determine whether the Board acted in good faith and for cause in approving the action of the city.

“We note, in passing, that the record does not reflect that any of the charges against appellant were ever ‘condoned’ by the members of the Fire Department or the Mayor or members of the City Council. Some of the alleged derogatory remarks which were the basis of some of the charges were not made known until the ‘investigation’ of the Fire Department in July, 1970.

“Appellant also contends that the reasons for his dismissal were insufficiently and incompletely stated. A reading of the City’s letter of September 11, 1970, to appellant, specifying the reasons for his dismissal indicates that there is no merit in this contention.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Long v. Water Works and Sewer Bd.
487 So. 2d 931 (Court of Civil Appeals of Alabama, 1986)
Linton v. Bossier City Mun. Fire & Pol. Bd.
428 So. 2d 515 (Louisiana Court of Appeal, 1983)
Sampite v. Natchitoches Fire & Police Civil Service Board
426 So. 2d 729 (Louisiana Court of Appeal, 1983)
Patrick v. LAKE CHARLES MUN. FIRE & POLICE CIVIL SERVICE BD.
344 So. 2d 1121 (Louisiana Court of Appeal, 1977)
Broyles v. Baton Rouge Municipal Fire & Police Civil Service Board
340 So. 2d 349 (Louisiana Court of Appeal, 1976)
Babin v. Houma Municipal Fire & Police Civil Service Board
327 So. 2d 682 (Louisiana Court of Appeal, 1976)
Odom v. City of Minden
287 So. 2d 659 (Louisiana Court of Appeal, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
264 So. 2d 729, 1972 La. App. LEXIS 6381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bland-v-city-of-houma-lactapp-1972.