Greemon v. City of Bossier City

59 So. 3d 412, 2010 La. App. LEXIS 1600, 2010 WL 5010389
CourtLouisiana Court of Appeal
DecidedNovember 24, 2010
DocketNo. 45,664-CA
StatusPublished
Cited by1 cases

This text of 59 So. 3d 412 (Greemon v. City of Bossier City) 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
Greemon v. City of Bossier City, 59 So. 3d 412, 2010 La. App. LEXIS 1600, 2010 WL 5010389 (La. Ct. App. 2010).

Opinions

WILLIAMS, J.

|2The defendants, the City of Bossier City (“Bossier City”) and the Bossier City Municipal Fire and Police Civil Service Board (“the Board”) appeal a judgment in favor of the plaintiff, B.W. Greemon. The [414]*414court found that the Board’s decision upholding the plaintiffs termination was void.- The matter was remanded to the Board for further proceedings in strict adherence with the Open Meetings Law (“OML”). For the following reasons, we affirm.

FACTS

B.W. Greemon (“Greemon”) was a paramedic with the Bossier City Fire Department (“BCFD”). On November 7, 2007, Greemon was serving as the senior paramedic on the BCFD’s Trauma One ambulance unit. His unit responded to a call from Bossier City Police that an apparently intoxicated individual, Eric Holloway (“Holloway”), was in need of medical assistance.

When Greemon arrived on the scene, Holloway was in the back seat of a police vehicle. Greemon was informed that Holloway had consumed as many as 18 beers and was possibly a diabetic. However, Greemon denies that he also was informed that Holloway had consumed methadone that day. After taking Holloway’s vital signs and blood sugar measurement, Greemon decided not to transport Holloway to the hospital. Instead, he authorized Holloway’s transport to jail, where he was found dead the next morning. After Holloway’s death, Greemon prepared a written patient care report detailing his treatment of Holloway on the previous day.

A complaint was filed against Greemon concerning his care ofJjHolloway. Greem-on was questioned by BCFD’s internal affairs department and its predisciplinary review board. Fire Chief Sammy Halphen reviewed the results of the investigation into Greemon’s conduct. In November 2007, Greemon was terminated from his employment with the BCFD.

Greemon filed a civil service appeal, which was considered by the Board on March 12, 2008. At the conclusion of the taking of evidence, the attorneys — Cary Hilburn for the plaintiff and Truly McDaniel for Bossier City — were asked by the Board’s legal advisor, Cecil Campbell, if they were willing to submit the matter:

MR. MCDANIEL: I’m willing to submit it, Your Honor. I think the board has heard everything we’ve heard.
MR. CAMPBELL: Mr. Hilburn.
MR. HILBURN: Judge, submission is fine.
MR. KEITH: Mr. Chairman, I make a motion we go into executive session.
BOARD MEMBER: Second.
MR. HUCKABAY: At this time the board will recess for executive session.
MR. HILBURN: Thank the board for its time.

The Board then immediately went into executive session without a vote. No objection or comment was made as to the Board’s failure to take a vote on the motion to go into executive session. Upon returning from executive session, the Board voted, 3 to 2, to uphold Bossier City’s termination of Greemon, finding that the city acted in good faith and for just cause.

On April 11, 2008, Greemon filed a “notice of appeal and petition for relief from denial of due process” in the district court, alleging that the Board’s decision was not made in good faith for cause, and alternatively that he was denied his right to due process. In relevant part, he asserted the following:

|4II. Factual Background
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10. After a hearing on GREEMON’S appeal at the Board’s regularly scheduled meeting on March 12, 2008, the Board recessed for “executive session” [415]*415where a closed-door meeting, a so-called “executive session,” was held wherein deliberations and comments on the evidence and witnesses were made amongst the Board’s members and by at least one non-member in a setting not open to the public. . Upon return to the, open public meeting, a motion was made “that the city acted in good faith and for just cause,” wherein the Board voted by a margin of 3-2 in favor of the motion affirming BCFD’S decision to terminate GREEMON’S employment.
III. Causes of Action — Appeal and Denial of Due Process
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16. In the alternative, GREEMON would also show he was denied his rights to due process under the law on at least the following accounts. First, GREEMON would show that prior to the BOARD publicly voting and rendering its decision, it recessed in a closed-door “executive session” not otherwise open to the public in violation of La.Rev. Stat. 33:2476(M). Second, GREEMON would show that in the closed-door “executive session” one or more persons not members of the BOARD participated in and/or commented on the evidence and witnesses presented to the BOARD in open session.... Upon information and belief, GREEMON alleges there are other violations of his rights evident from the record. Any one of these events would necessarily result in a violation [of] the rights and privileges guaranteeing due process to GREEMON under the law.

In September 2009, Greemon filed a motion for summary judgment on several grounds, specifically alleging that the Board’s action in upholding his termination was voidable because the Board held an executive session without first voting to do so, in violation of the OML.-

After a hearing on the motion for summary judgment, the district court issued a written opinion finding that Greemon had sufficiently alleged a violation of the OML to place the issue before the court, that the Board violated the OML by holding an executive session during its meeting on March 12, 2008, without first voting to, do so, that the action taken by the | ¡¡Board at that meeting was void and that consideration of the merits of Greemon’s remaining allegations was premature. The court rendered judgment remanding the matter to the Board for further proceedings to be conducted in strict adherence with the OML. Bossier City and the Board appeal the judgment.

DISCUSSION

The defendants contend the district court erred in finding that plaintiffs petition alleged sufficient facts to assert a claim under the OML. Defendants argue that plaintiffs action was not timely filed because the petition did not state any material facts to establish an OML violation.

Louisiana utilizes a system of fact pleading, and no technical forms of pleading are required. LSA-C.C.P. art; 854. Liberal rules of pleading prevail and, when .possible, the court should maintain a petition to allow a plaintiff to present his case. S.K. Whitty & Company, Inc. v. Laurence L. Lambert & Associates, 576 So.2d 599 (La.App. 4th Cir.1991), writ denied, 580 So.2d 928 (La.1991). A plaintiff need not set forth every possible theory of recovery, but must plead facts, which if taken as true, state a cause of action; State v. Racetrac Petroleum, Inc., 01-0458 (La.App. 3rd Cir.6/20/01), 790 So.2d 673. Fact pleading advances several goals of" the petition, such as satisfying the constitutional guarantee of due pro[416]*416cess by providing the defendant with fair notice, limiting the issues before the court, and notifying the defendant of the facts upon which the plaintiff bases his claims. Fitzgerald v. Tucker, 98-2313 (La.6/29/99), 737 So.2d 706.

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Related

Greemon v. City of Bossier City
65 So. 3d 1263 (Supreme Court of Louisiana, 2011)

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Bluebook (online)
59 So. 3d 412, 2010 La. App. LEXIS 1600, 2010 WL 5010389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greemon-v-city-of-bossier-city-lactapp-2010.