Bonial v. City of Alexandria

250 So. 3d 1041
CourtLouisiana Court of Appeal
DecidedJune 27, 2018
Docket18–77
StatusPublished

This text of 250 So. 3d 1041 (Bonial v. City of Alexandria) 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
Bonial v. City of Alexandria, 250 So. 3d 1041 (La. Ct. App. 2018).

Opinion

AMY, Judge.

*1042After directing a racial epithet towards a coworker, the plaintiff was terminated from his employment with the City of Alexandria. He appealed his termination to the Alexandria Civil Service Commission, where a majority of the Commission members voted to affirm the termination. The plaintiff then appealed his termination to the trial court, which affirmed the Commission's decision. He now appeals to this Court. For the following reasons, we affirm.

Factual and Procedural Background

Dustin Bonial worked for the City of Alexandria as an apprentice lineman in the Electric Distribution Department. After allegations of an incident occurring between Mr. Bonial and a coworker, a pre-disciplinary hearing was held. At this hearing, Mr. Bonial admitted that, on January 23, 2017, he used a racial epithet regarding a coworker, Charles Turner, in the breakroom of the City's facility. Citing violations of the City's "Workplace Conduct Policy" and Civil Service Rule XII, § 1.3, the City terminated Mr. Bonial from his employment on February 16, 2017. Subsequently, Mr. Bonial appealed his termination to the Alexandria Civil Service Commission ("Commission"), and a hearing was held. At the hearing, the parties stipulated "that Mr. Bonial called Mr. Turner" by the epithet.

Mr. Turner testified at the hearing, explaining that he is a warehouse clerk with the City's electrical department. He was asked by counsel for the City to recount what happened in the City's breakroom on January 23, 2017:

Q Could you explain to the board what happened some-some time in the morning, I believe it was?
A It was at-I think it was lunchtime. I just was walking in the break room to go use the bathroom. I just wanted to chill. And it's, "Look at this n----- [hereinafter "racial epithet"]," you know.
....
Q And how did that make you feel?
A Disrespected ... why would [someone] say that? ... I wasn't worried about him or focused on him. I was going to use the bathroom.

Mr. Turner was subsequently questioned on cross examination by counsel for Mr. Bonial, as follows:

Q Tell me exactly what he said.
A He said-swung his chair around, "Hey, y'all, look at this [racial epithet]."
Q He just-he just said that out of the blue?
A Just said it out of the blue.
....
Q I say-my question: Did you ever tell him that you didn't want him to use that word?
A Like I said, I mean, it should be common sense. I didn't want him to call me that. I don't want [any]body to call me that. It should be common sense.
*1043....
Q Now, was this an upsetting event to you?
A It had made me mad, like, why would [someone] ... just call me that?

Additionally, Mr. Bonial testified at the hearing regarding the incident, and the following colloquy occurred:

Q Mr. Bonial, when you came to work for the City, you signed a-what's known as City of Alexandria Workplace Conduct policy. Do you remember this, this policy?
A Yes, sir.
....
Q Is this your signature. Mr. Bonial?
A Yes, it is.
Q Okay. And so you understood that you-you read this policy and you understood it and you were-you were going to abide by it; correct?
A Yes, sir
....
Q And you understand that you were not to use abusive or indecent language to a fellow employee; correct?
A Yes, sir.

Mr. Bonial was asked whether he considered his use of the epithet to be the "proper thing to do" to which he responded: "Prior to the incident, we-I mean, I've called him that.... I called him it before. And, you know, just like a friend, you know." When asked why he used the epithet, Mr. Bonial stated: "I've used it numerous [ ] times and he's been okay with it."

Notwithstanding the patently offensive language at issue, the City also presented the testimony of Mike Marcotte. Mr. Marcotte explained that he is the City's director of utilities and, in that capacity, was Mr. Bonial's direct supervisor. He confirmed that the break room is a common area for all employees. When asked whether the use of "racial epithets ... adversely affect[s] the efficient operation of the City[,]" Mr. Marcotte responded: "Yes, sir. I mean, it's certainly ... it just-something with the racial overtone like that, I mean, it destroys the morale, you know." He further stated that the employees "are handling 12,000 volts in their hand. They've got to-they've got to get along. They've got to know they can trust each other." After testimony was adduced, a majority of the Commission voted to affirm Mr. Bonial's termination.

Mr. Bonial then filed a petition in the Ninth Judicial District Court, seeking "judicial review of the decision of the Alexandria Civil Service Commission" and asserting that the Commission erred in affirming his termination and in failing to follow the provisions of Civil Service Rule XII, § 2.6(A) and (B). After a hearing, the trial court rendered judgment, affirming the Commission's decision and denying Mr. Bonial's appeal.

Mr. Bonial now appeals, asserting the following assignments of error:

1. The Commission and the Trial Court erred in affirming the Appointing Authority's disciplinary action of termination finding it was commensurate with the infraction that plaintiff was found guilty of.
2. The Commission and the Trial Court erred in failing to follow the provisions of Civil Service Rule XIII[,] § 2.6A and B[1 ] and Louisiana jurisprudence.

*1044Discussion

The supreme court has provided the following standard for appellate review of civil service disciplinary cases:

[I]t is well established in our jurisprudence that appellate courts reviewing civil service disciplinary cases are presented "with a multi-faceted review function." Mathieu v. New Orleans Public Library , 09-2746, p. 5 (La.10/19/10), 50 So.3d 1259, 1262, citing Bannister v. Department of Streets , 95-0404 at 8 (La.1/16/96), 666 So.2d 641 at 647. See also Walters v. Department of Policy [Police] of City of New Orleans , 454 So.2d 106

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

Related

Walters v. Dept. of Police of New Orleans
454 So. 2d 106 (Supreme Court of Louisiana, 1984)
Bannister v. Dept. of Streets
666 So. 2d 641 (Supreme Court of Louisiana, 1996)
Burst v. Bd. of Com'rs Port of New Orleans
646 So. 2d 955 (Louisiana Court of Appeal, 1994)
Lange v. Orleans Levee District
56 So. 3d 925 (Supreme Court of Louisiana, 2010)
Mathieu v. New Orleans Public Library
50 So. 3d 1259 (Supreme Court of Louisiana, 2010)
City of Alexandria v. Kendall Dixon
196 So. 3d 592 (Supreme Court of Louisiana, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
250 So. 3d 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonial-v-city-of-alexandria-lactapp-2018.