Hyatt v. Lake Charles Municipal Fire & Police Civil Service Board

393 So. 2d 418, 1980 La. App. LEXIS 5039
CourtLouisiana Court of Appeal
DecidedDecember 17, 1980
DocketNo. 7910
StatusPublished
Cited by1 cases

This text of 393 So. 2d 418 (Hyatt v. Lake Charles Municipal Fire & Police Civil Service Board) 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
Hyatt v. Lake Charles Municipal Fire & Police Civil Service Board, 393 So. 2d 418, 1980 La. App. LEXIS 5039 (La. Ct. App. 1980).

Opinions

DOMENGEAUX, Judge.

Sergeant Gary Hyatt was suspended without pay from the Lake Charles Police Department on October 22, 1979, by Police Chief Jimmy Gwatney. Hyatt appealed his four-day suspension to the Lake Charles Municipal Fire and Police Civil Service Board (The Board). The Board conducted a hearing on November 19th and November 21, 1979, after which it concluded that the disciplinary action taken against Hyatt “was made in good faith and for just cause.” Hyatt then appealed The Board’s determination to the Fourteenth Judicial District Court. That court reversed The Board’s decision. The court reasoned that the notification advising Hyatt of his suspension and the reasons therefor was deficient because it contained conclusions rather than statements of fact concerning the alleged misconduct of Hyatt. The Board has appealed to this Court.

The statutes governing this case are set forth in La.R.S. 33:2471-2508, relating to fire and police civil service laws for municipalities with populations between 13,000 and 250,00o.1 R.S. 33:2500 D. provides:

“In every case of corrective or disciplinary action taken against a regular employee of the classified service, the appointing authority shall furnish the employee and the board a statement in writing of the action and the complete reasons therefor.”

Pursuant to the statute, Hyatt was issued a letter of personnel action dated October 31, 1979, which stated:

“On October 21, 1979, approximately 5:00 p. m., while effecting arrest of a female subject, was in violation of Municipal Fire and Police Civil Service Law, Act 302, Section 30, Paragraphs 1) Unwillingness or failure to perform the duties of his position in a satisfactory manner, and, 3) The commission or omission of any act to the prejudice of the departmental service or contrary to the public interest or policy.”

Subsequent to receipt of this personnel action letter, Hyatt received a letter dated November 14, 1979. This letter provided Hyatt with names of witnesses to the arrest and of witnesses expected to be called at the Board’s hearing. Also, the letter read:

“I have determined that your conduct impaired the efficiency of the public service and that there was a real and substantial relation between your conduct on the occasion in question and the efficient operation of the Police Department. Your conduct on the occasion in question is specifically prohibited under Article 14, Sec. 15.1, Subdivision 30(1) and (3) of the Louisiana Constitution of 1921, now carried forth as a statute under Louisiana law.”

The trial court found that each of these notices adequately stated the date, time, and place of the occurrence, and the persons involved. However, the notices were deemed inadequate because complete reasons, as required by R.S. 33:2500 D. were not given for this suspension. The court concluded:

“The Court is unable to determine from the notifications of what the conduct consisted; whether the conduct complained of was: an illegal arrest, excessive force in making a lawful arrest, use of improper language, delaying other officers in the performance of their duties, improperly using a gun, exhibitionism for television cameras, unauthorized public statements, failure to be where his duties required him to be or intemperate conduct toward fellow officers or superiors. The notifications did not advise the employee or the board what the conduct consisted [420]*420of from which the Chief of Police and the Mayor reached the ‘conclusions’ which are contained therein.
The Court finds that the notifications were deficient under the jurisprudential guidelines since they contained conclusions rather than statements of facts concerning the alleged misconduct of the employee. The requirement for specificity has not been fulfilled under the circumstances shown by this record.”

We agree with the trial court that the reasons given for Hyatt’s suspension lacked specificity. However, we need not reach the issue of whether this lack of specific notice constituted insufficient notice under R.S. 33:2500 D.2 because we find for other reasons that the suspension of Gary Hyatt was imposed without cause and was therefore improper.

In deciding that the suspension was imposed without cause, we have relied upon the rationale used in Martin v. City of St. Martinville, 321 So.2d 532 (La.App. 3rd Cir. 1975), writ denied 325 So.2d 273. In that case, the Mayor and City Council of St. Martinville dismissed the Chief of Police of St. Martinville. The Civil Service Board and the district court upheld the dismissal, finding that the disciplinary action was taken “in good faith for cause” as required by La.R.S. 33:2561.3 However, the Court of Appeal reversed the dismissal of the Police Chief because it found that the dismissal was not made “for cause”. The Court said:

“LSA-R.S. 33:2561 provides, in substance, that the issue to be determined by the Police Civil Service Board or by the district court, in the event an appeal is taken to that court, is whether the decision of the appointing authority or of the board was ‘made in good faith for cause,’ as set forth in the Fire and Police Civil Service Law for small municipalities (LSA-R.S. 33:2531-2568). [4] We interpret that to mean that the action of the appointing authority, in order to be valid, must be both, ‘in good faith’ and ‘for cause.’ The action of that authority must be set aside if it was not taken ‘for cause,’ even though it may have been taken in good faith. Our particular concern here is whether the suspension or dismissal of plaintiff Martin was made ‘for cause.’
The applicable statutes do not define ‘cause,’ and we have been referred to no Louisiana jurisprudence in which that term has been interpreted in connection with similar types of cases. We have found cases decided in other jurisdictions, however, where the word ‘cause’ has been construed in connection with similar statutes, and we consider the reasoning in some of those cases to be persuasive here. In Riley v. Board of Police Commissioners of City of Norwalk, 147 Conn. 113, 157 A.2d 590 (1960), for instance, the court said, ‘Cause implies a reasonable ground of demotion or removal as distinguished from a frivolous or incompetent ground.’ The word ‘cause’ also has been defined as ‘some substantial shortcoming which renders the employee’s continuance in office in some way detrimental to the discipline and efficiency of the service and which the law and sound public opinion recognize as good cause for his no longer holding the position.’ Coursey v. Board of Fire and Police Commissioners, 90 Ill. App.2d 31, 234 N.E.2d 339 (1st Dist. 3rd Div. 1967).
We believe that in order for the dismissal or the disciplining of a tenured police officer to be valid, as being in good faith for cause under LSA-R.S. 33:2561, the dismissal or disciplinary action must be reasonably necessary for the continued efficiency of the service being rendered by the appointing authority. The evidence must show that the failure to dismiss or discipline the officer would be [421]*421detrimental to the city or to the service which it is required to perform.

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Related

Hyatt v. Lake Charles Municipal Fire & Police Civil Service Board
399 So. 2d 600 (Supreme Court of Louisiana, 1981)

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393 So. 2d 418, 1980 La. App. LEXIS 5039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyatt-v-lake-charles-municipal-fire-police-civil-service-board-lactapp-1980.