Hewitt v. Lafayette City-Parish Consolidated Government

186 So. 3d 339, 15 La.App. 3 Cir. 835, 2016 La. App. LEXIS 409, 2016 WL 805846
CourtLouisiana Court of Appeal
DecidedMarch 2, 2016
DocketNo. CA 15-835
StatusPublished
Cited by2 cases

This text of 186 So. 3d 339 (Hewitt v. Lafayette City-Parish Consolidated Government) 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
Hewitt v. Lafayette City-Parish Consolidated Government, 186 So. 3d 339, 15 La.App. 3 Cir. 835, 2016 La. App. LEXIS 409, 2016 WL 805846 (La. Ct. App. 2016).

Opinion

EZELL, Judge.

b Uletom Hewitt appeals the decision of the trial court which upheld the Lafayette Municipal Fire and Police Civil Service Board’s decision to affirm his seven-day suspension from his job as an officer with the Lafayette City Police Department. After reviewing the facts and applicable law, we affirm the ruling of the trial court.

FACTS'

In September 2010, the Lafayette City Police Department (Department) installed ih-ctash camera system's in the police vehicles. Uletom Hewitt, an officer with the Department since 2006, was initially trained on the operation of the camera system on September 29, 2010. The officers were given instructions on how to log onto the computers connected to the camera system and how to upload videos daily. Devon Guillory,' a technical specialist with the Department, trained Mr. Hewitt. He stated that the hour-and-fifteen-minute training included use of the software, how to start and stop the camera, how to upload videos, how to classify the videos to be uploaded, and how to troubleshoot the system. He explained that there is hands-on training during this time also.

Mr. Guillory had to train Mr. Hewitt once again on November 1, 2010, because he was not uploading. his videos at all. There were about twenty-nine hours of video that had not been uploaded.

On November 15," 2010, Sergeant Steve Bergeron, the supervisor who worked directly. with the IT personnel, was performing a random check of videos and noted that Mr. Hewitt’s videos were not classified. A classification is an explanation of the event on the video.- Mr. Hewitt was also recording off-duty security like directing traffic, which is. unnecessary and wastes space on the camera ^storage; [342]*342Sergeant Bergeron advised Lieutenant Luranie Richard of the issue, so Lieutenant Richard set up additional training for Mr. Hewitt.

On November 19, 2010, Mr. Hewitt received additional training on using the camera system from Devon Guillory. At this training session, Mr. Guillory informed Mr. Hewitt that the .software has to be on at all times. Mr. Hewitt properly classified three or four videos at this training session.

Subsequently, on February 1, 2011, General Order 303.4 was issued and went into effect, which set forth the procedures officers must follow in using the in-dash camera systems. The procedures required that the officers must perform a test recording and classify it to ensure the equipment was functioning properly before the start of work. Each officer was also required to classify all recorded events after each event. Also, the officers were directed to upload their video files daily during their tour of duty. Mr. Hewitt acknowledged receipt of the General Order by his signature.

On February 25, 2011, Sergeant Berger-on performed another random check of the videos. He once again noticed that Mr. Hewitt was not classifying his videos. He also observed that the majority of Mr. Hewitt’s videos were less than one minute. Sergeant Bergeron explainéd that, once the lights on the vehicle are turned on,' the camera begins recording, with the recording actually starting thirty seconds before the lights are turned on. The fact that Mr. Hewitt’s videos were less than one minute was an indication that he was circumventing the system. It was also noted that while he was uploading some of the videos, it was not on a daily basis because there were a lot of videos still stored on the in-dash camera system itself. After looking into the issue, it was determined that Mr. Hewitt was turning on the software when he logged onto his unit. When he would engage his [slights, he would manually turn off the software by holding the record button down, which shuts the camera off. The database information on Mr. Hewitt’s camera indicated that he turned off the system about eighty-six times.

Mr. Hewitt claimed that his equipment was malfunctioning. The IT staff determined that his equipment was functioning properly, so they had it checked out by the outside company who did the wiring of the camera’ systems.'. That company also determined that the equipment was functioning properly. Mr. Guillory again trained Mr. Hewitt on the camera system. Mr. Hewitt was able to properly classify- and upload the videos, indicating nothing wrong with Mr. Hewitt’s camera system.

On February 25, 2011, Lieutenant Richard filled out an “INVESTIGATION OF POSSIBLE MISCONDUCT BY EMPLOYEE” form on Mr. Hewitt. She listed three allegations of misconduct:

1. Mr. Uletom Hewitt has failed to properly utilized [sic] his in-dash camera system in approximately 86 incidents. He has had remedial training on three separate occasions and after each one, Mr. Hewitt demonstrates that he can operate the equipment properly. Shortly after the training, Mr. Hewitt reverts back failing to turning [sic] on the equipment.
2. There has also been evidence that Mr. Hewitt even turns the camera system off after it has been automatically activated.
3. The equipment was checked by IT and it was determined that the camera system is working properly. Also, Mr. Hewitt has failed to upload the video files daily as mentioned in- G.O. 303.4.

[343]*343A “Complaint Review Form” was then submitted to Chief of Police Jim Craft who ordered an administrative shift-level investigation on March 2, 2011. .Mr. Hewitt was informed by letter on March 2, 2011, of the investigation. A predetermination hearing was held on June 28, 2011. It was determined that Mr. Hewitt’s actions constituted violations of General Order 303.4, and he was suspended for seven days without pay effective August 8, 2011.

j4Mr. Hewitt appealed his suspensions to the Lafayette Municipal Fire and Police Civil Service Board (Board).1 Initially, the Board refused to hear the appeal while a federal lawsuit involving Mr. Hewitt was pending. In Hewitt v. Lafayette Mun. Fire & Police Civ. Serv. Bd., 13-1429 (La. App. 3 Cir. 6/4/14), 139 So.3d 1213, this court held that the Board’s act of denying Mr. Hewitt a hearing on his appeals was an arbitrary and capricious abuse of discretion, and the trial court manifestly erred in upholding the Board’s decision. We remanded the matter to the trial court directing it to issue a-writ of mandamus Ordering the Board -to set his appeals for hearing as prayed for by Mr. Hewitt.

The hearings on Mr. Hewitt’s suspensions were eventually set for December 10, 2014. On December 5, 2014, Mr. Hewitt filed a petition for a temporary restraining order (TRO), which was issued that same dáy. A hearing was set for December 15, 2014, on whethér a preliminary injunction should be issued. The Board filed an exception based on improper service and citation because it was not notified of the TRO until December 8. The Board also filed a reconventional demand seeking costs and attorney fees pursuant to La. Code Civ.P. art. 3608.

The Board-heard Mr. Hewitt’s appeal of his seven-day suspension on January 14, 2015. Prior to. the hearing, the Board denied a motion to recuse itself from hearing the action based on- its reconventional demand. After the hearing, "the Board upheld Mr. Hewitt’s suspension. He then sought review of the Board’s decision- in the district court.

In his appeal to the district court, Mr. Hewitt complained about the same issues of which he complains in his appeal to this court. He first asserted that the | (¡investigation was not completed within the time limit contemplated by La.R.S.

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186 So. 3d 339, 15 La.App. 3 Cir. 835, 2016 La. App. LEXIS 409, 2016 WL 805846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewitt-v-lafayette-city-parish-consolidated-government-lactapp-2016.