City of Bossier City v. Vernon

100 So. 3d 301, 2012 La. LEXIS 2724, 2012 WL 4901058
Supreme Court of Louisiana·Decided October 16, 2012·No. No. 2012-C-0078·Published·Cited by 27 cases

Opinions

CLARK, Justice.

liWe granted the writ of the City of Bossier City (hereinafter “City”) to determine the proper interpretation of La. R.S. 33:2501(C)(1); specifically, whether the statutory authority of the Bossier City Municipal Fire and Police Civil Service Board (hereinafter “Board”) to modify discipline is conditioned upon a finding the appointing authority acted in bad faith or without cause. After our review, we find a municipal fire and police civil service board has the statutory authority to review and modify the discipline imposed, even when the appointing authority acts in good faith for cause. For the reasons discussed below, we affirm the decision of the court of appeal.

FACTS AND PROCEDURAL HISTORY1

On November 19, 2009, Officer Phillip Vernon, a permanent police officer with the Bossier City Police Department, received a written notice of his termination from employment with the City. Officer Vernon’s termination was based on an internal affairs investigation which concluded he was in violation of two sections of the police department’s Code of Conduct. He appealed the decision to the Board.

The Board held an evidentiary hearing on February 3 and 4, 2010. On¡ ¿February [303]*30316, 2010, the Board issued written findings of fact and its decision. In its decision, the Board determined the City, the appointing authority in this matter, acted in good faith with cause in imposing discipline on Officer Vernon. However, the Board also determined the punishment of termination was too severe and modified the discipline to a 90-day suspension without pay.

Both the City and Officer Vernon appealed the Board’s decision to the 26th Judicial District Court in Bossier Parish, which consolidated the appeals for review. The City argued the Board was without authority to modify the discipline absent a finding the appointing authority acted in bad faith or without cause.2 The district court heard oral argument and reviewed all of the documents submitted to the Board. The district court also reviewed the transcribed portions of the Board’s hearing.

Finding the City’s contention was contradicted by the provisions of La. R.S. 33:2501(0(1), which sets forth the Board’s authority after the investigation provided for in the statutes, the district court held the Board appropriately utilized its statutory authority to modify the order of the appointing authority. Reviewing Officer Vernon’s claims, the district court found no manifest error in the factual findings of the Board. The district court concluded, therefore, the claims raised by each party were without merit and affirmed the Board’s ruling. Both parties appealed.

On appeal, the appellate court likewise found La. R.S. 33:2501(C)(1) provided the Board with “the authority and discretion to modify Vernon’s discipline, if the modification was deemed appropriate.” City of Bossier City v. Vernon, 46,517, 46,518, p. 9 (La.App. 2 Cir. 11/2/11); 78 So.3d 153, 159.3 The court of appeal agreed with the district court’s determination that the Board’s |.^modification was a permissible substitution of judgment pursuant to the statute. After finding no merit to Officer Vernon’s claims, the court of appeal affirmed the district court’s ruling which upheld the Board’s decision.

Both parties again sought review by filing writs in this court. We granted the City’s writ to review the proper interpretation of the statute at issue and the lower courts’ rulings. City of Bossier City v. Vernon, 2012-0078 (La.3/30/12); 85 So.3d 100.

LAW AND DISCUSSION

Applicable Law

The sole issue is the proper interpretation of La. R.S. 33:2501(0(1). Thus, the case presents us with a question of law which is reviewed by this court under a de novo standard of review. First Nat. Bank, USA v. DDS Const., LLC, 2011-1418, p. 10 (La.1/24/12); 91 So.3d 944, 951-952; Louisiana Municipal Association v. State, 2004-0227, p. 35 (La.1/19/05); 893 So.2d 809, 835. A de novo review means the court will render judgment after its consideration of the legislative provision at issue, the law and the record, without deference to the legal conclusions of the tribunals below. This court is the ultimate arbiter of the meaning of the laws of this state. First Nat. Bank, 2011-1418, p. 11; 91 So.3d at 952; Broussard v. Hilcorp Energy Co., 2009-0449, p. 3 (La.10/20/09); 24 So.3d 813, 816; Cleco [304]*304Evangeline, LLC v. Louisiana Tax Com’n, 2001-2162, p. 3 (La.4/3/02); 813 So.2d 351, 353.

La. R.S. 33:2501(C)(1) provides:

§ 2501. Appeals by employees to the board
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C. (1) After the investigation provided for in Subsection B of this Section, the board may, if the evidence is conclusive, affirm the action of the appointing authority. If the board finds that the action was not taken in good faith for cause under the provisions of this Part, the board shall order the immediate reinstatement or reemployment of |4such person in the office, place, position, or employment from which he was removed, suspended, demoted, or discharged, which reinstatement shall, if the board so provides, be retroactive and entitle him to his regular pay from the time of removal, suspension, demotion, discharge, or other disciplinary action. The board may modify the order of removal, suspension, demotion, discharge, or other disciplinary action by directing a suspension without pay, for a given period, a reduction in pay to the rate prevailing for the next lower class, a reduction or demotion to a position of any lower class and to the rate of pay prevailing thereof, or such other lesser punitive action that may be appropriate under the circumstances.
* * *

The City argues the lower courts erred in concluding that a civil service board may modify discipline previously imposed by an appointing authority without first finding the appointing authority acted in bad faith or without cause. The City urges that to allow the Board to modify discipline without the Board finding bad faith or the absence of cause would allow the Board to ignore La. R.S. 33:2501(A) and (B)(1) and (2).4 The City argues La. R.S. 33:2501(A) and (B) impose a “threshold inquiry” upon the Board to find bad faith or the absence of cause, and if the “threshold inquiry” is unmet, then the Board may not modify the appointing authority’s discipline.

The City essentially maintains La. R.S. 33:2501(0(1) provides authority for action by the Board only under two scenarios. First, if the evidence is conclusive, then the Board may affirm the action of the appointing authority. Second, if the | BBoard finds that the action of the appointing authority was not taken in good [305]*305faith for cause, than the Board must order the immediate reinstatement or reemployment of the person, which reinstatement shall be retroactive if the Board so provides. Reading the last sentence of the subsection as modifying this second scenario, the City argues if there is a finding the action was not in good faith for cause, the Board then has the additional option of modifying the discipline as it sees fit, besides reinstating or reemploying the employee.5

Officer Vernon disagrees.

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City of Bossier City v. Vernon, 100 So. 3d 301, 2012 La. LEXIS 2724, 2012 WL 4901058 (La. 2012).

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