Huval v. Department of Public Safety & Corrections

29 So. 3d 522, 2009 La.App. 1 Cir. 0699, 2009 La. App. LEXIS 1999, 2009 WL 3446345
CourtLouisiana Court of Appeal
DecidedOctober 23, 2009
Docket2009 CA 0699
StatusPublished
Cited by3 cases

This text of 29 So. 3d 522 (Huval v. Department of Public Safety & Corrections) 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
Huval v. Department of Public Safety & Corrections, 29 So. 3d 522, 2009 La.App. 1 Cir. 0699, 2009 La. App. LEXIS 1999, 2009 WL 3446345 (La. Ct. App. 2009).

Opinion

PETTIGREW, J.

|2In this case, plaintiff, Todd Huval (“Mr.Huval”), was terminated for cause from his employment with defendant, the Department of Public Safety and Corrections, Public Safety Services, Office of Louisiana State Police (“LSP”). Mr. Hu-val timely appealed his termination to the State Police Commission 1 (“the Commission”), which, after a public hearing, granted in part and denied in part Mr. Huval’s appeal. Specifically, the Commission reduced the disciplinary action taken by the LSP against Mr. Huval from termination to an eight-week suspension. The Commission further ordered that Mr. Huval be reimbursed for wages lost, together with interest, from the end of the eight-week suspension until paid, subject to an offset for earnings or unemployment benefits received by him until the date of the decision. Mr. Huval and his attorney were also awarded $1,500.00 in attorney fees. This appeal by the LSP followed. For the reasons set forth below, we reverse the Commission’s ruling and reinstate the disciplinary action taken by the LSP against Mr. Huval.

FACTS AND PROCEDURAL HISTORY

According to the record, Mr. Huval had been employed by the LSP for seven years and was serving with permanent status as a trooper when he was terminated on December 11, 2007. In a December 10, 2007 termination letter, Louisiana State Police Superintendent Colonel Stanley Griffin summarized the investigation leading to Mr. Huval’s termination as follows:

Lt. Rhett Trahan of the Gaming Enforcement Section of the Louisiana State Police (LSP), in coordination with Sgt. Buzzy Trahan, Sgt. Coy Courville, and Trooper Hal Hutchinson, initiated an investigation into the possible unauthorized release of confidential information out of the LSP Gaming Enforcement Section. Any leak within the Section would compromise numerous investigations and time and Department resources could be wasted on those compromised investigations. Also, the identity and safety of persons conducting investigations could be coin- *525 promised if information regarding undercover or tactical operations was provided to the wrong individuals.
|sLt. Trahan and Trooper Hutchinson received information from a documented, reliable informant that investigators within the [LSP] were releasing confidential information to a third party, identified as Jason Abate. This information contains details of persons being investigated by the [LSP]. Jason Abate had told the informant that he had two contacts within the [LSP] who had previously worked in the Gaming Section but they had transferred to other sections. Jason Abate further indicated to the source that his contacts would contact someone else in the Gaming Section for information to determine if someone was under investigation for illegal gaming violations by the [LSP], Lt. Rhett Trahan was aware that [Mr. Huval] and Trooper Chad Boyer were previously with the Gaming Section and have since transferred to other sections in the LSP Bureau of Investigation. Lt. Trahan is also aware that [Mr. Huval] and Jason Abate are personal friends.

As cause for termination, Colonel Griffin’s letter advised that Mr. Huval’s conduct was in violation of the following Louisiana State Police Policy and Procedure Rules: 01-02.02 Law Enforcement Code of Ethics; 01-02.48 Associations; 01-02.13 Unsatisfactory Performance; 01-02.22 Dissemination of Information; 01-02.05 Conduct Unbecoming an Officer; 01-02.07 Badge of Office; and 01-02.46 Reporting of Information. Colonel Griffin outlined the provisions violated by Mr. Huval, in pertinent part, as follows:

01-02.02 LAW ENFORCEMENT CODE OF ETHICS
As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception; the weak against oppi'ession or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice.... Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendship to influence my decisions ....
01-02.48 ASSOCIATIONS, which states in pertinent part:
• Commissioned officers shall avoid regular or continuous associations or dealings with persons whom they know, or should have known, are ... gamblers, suspected felons, persons under criminal investigation or indictment, or who have a reputation in the community for present involvement in felonies or criminal behavior.
01-02.13 UNSATISFACTORY PERFORMANCE, which states in pertinent part:
• A commissioned officer shall maintain a competency level sufficient to properly perform his duties and assume the responsibilities of his position. Officers shall perform their duties in such a manner as to maintain the highest standards of efficiency.
|4* Unsatisfactory performance may be demonstrated by:
A failure to conform to work standards established for the officer’s rank, grade or position.
01-02.22 DISSEMINATION OF INFORMATION, which states in pertinent part:
• A commissioned officer shall not disseminate, in any manner, any confidential information of the Louisiana *526 State Police or its commissioned officers without proper authority.
• For purposes of this order, confidential information shall be defined as information which:
— A person could foresee the disclosure of information could endanger a commissioned officer or other person
— May impede the just disposition of a case
— May compromise or negate the judicial process
— Violates any federal, state or local law or ordinance concerning the release of confidential information
— Makes known the contents of an internal or criminal record or report to an unauthorized pei'son in violation of LRS 44:3, The Public Records Law
• A commissioned officer may only divulge, make known, or exhibit the contents of an official file:
— To a duly authorized police officer or agency official, provided by law and on approval of the appropriate Commander
01-02.05 CONDUCT UNBECOMING AN OFFICER, which states in pertinent part:
• A commissioned officer shall conduct himself at all times, both on and off-duty, in such a manner as to reflect most favorably on himself and the Department.
• Unbecoming conduct is defined as conduct which:
—Brings the Department or any of its subdivisions into disrepute
—Reflects discredit upon the officer as a member of the Department

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29 So. 3d 522, 2009 La.App. 1 Cir. 0699, 2009 La. App. LEXIS 1999, 2009 WL 3446345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huval-v-department-of-public-safety-corrections-lactapp-2009.