LAFAYETTE CITY-PARISH CONS. GOV. v. Francis

934 So. 2d 258, 2006 WL 1749599
CourtLouisiana Court of Appeal
DecidedJune 28, 2006
Docket2006-0235
StatusPublished
Cited by2 cases

This text of 934 So. 2d 258 (LAFAYETTE CITY-PARISH CONS. GOV. v. Francis) 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
LAFAYETTE CITY-PARISH CONS. GOV. v. Francis, 934 So. 2d 258, 2006 WL 1749599 (La. Ct. App. 2006).

Opinion

934 So.2d 258 (2006)

LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT
v.
Shelby J. FRANCIS and Joseph E. Walker, III.

No. 2006-0235.

Court of Appeal of Louisiana, Third Circuit.

June 28, 2006.

Michael P. Corry, Alicia M. Jacob, Briney & Foret, Lafayette, LA, for Plaintiff/Appellant, Lafayette City-Parish Consolidated Government.

Gregory L. Landry, Acadiana Legal Service Corporation, Lafayette, LA, for Defendants/Appellees, Shelby J. Francis and Joseph E. Walker, III.

*259 Court composed of SYLVIA R. COOKS, JIMMIE C. PETERS, and BILLY H. EZELL, Judges.

PETERS, J.

The Lafayette City-Parish Consolidated Government (LCCG) appeals a judgment of the Fifteenth Judicial District Court affirming a decision of the Lafayette City-Parish Civil Service Board (Board) which reversed the LCCG's decision to terminate the employment of two LCCG employees, Shelby J. Francis and Joseph E. Walker, III. For the following reasons, we affirm the trial court decision in all respects.

DISCUSSION OF THE RECORD

Most of the facts giving rise to this litigation are not in dispute and were established at a hearing held by the Board in Lafayette, Louisiana, on July 25, 2005. At that hearing, only three members of the five-member Board were present.

The evidence established that Francis and Walker were long-time employees of LCCG, having worked for seventeen and sixteen and one-half years respectively. On May 19, 2005, the two men took scrap aluminum wire from the ground adjacent to a trash dumpster located on LCCG property, loaded it into an LCCG vehicle assigned to Francis, and delivered it to Walker's residence. At the time they took the wire, they were on duty with LCCG and were wearing LCCG uniforms.

This action was reported to LCCG officials, who confronted the two men with accusations of theft of LCCG property on May 23, 2005, at a predetermination hearing. During that hearing, the two men admitted taking the wire. In fact, Francis admitted that the May 19 incident was the fourth time he had taken wire from LCCG and delivered it to Walker's property. The panel which presided at the predetermination hearing recommended that the employment of the two men be terminated. The next day, that recommendation was effected through a letter to the employees, notifying them of their employment termination.

At the July 25, 2005 hearing before the Board, both men acknowledged their involvement in taking the wire and testified that they were aware that LCCG did not deposit the wire at the dumpster as trash but sold the wire to a salvage yard which picked it up from the dumpster. Francis acknowledged his involvement in the other three thefts and contradicted Walker's assertion at the predisposition hearing that he [Walker] had been involved only in the May 19, 2005 theft. Walker acknowledged in his testimony before the Board that he had not been truthful in his prior statements and that he had been involved with Francis on at least one other occasion in taking the wire. Both men expressed remorse for their involvement in the theft activity.

Upon completion of the evidence, one member of the Board moved to have the men disciplined by loss of pay through the date of the hearing and then be reinstated. However, this motion died for lack of a second. The Board then went into executive session. When the members returned from the executive session, a motion was made that LCCG's action in terminating the employment of the two men be upheld. This motion passed by a vote of two to one. The same Board member who had made the motion that had failed for lack of a second voted against the motion. The Board's attorney then made the following comment:

Mr. Chairman, because of the shortage of members here tonight, the law is that it requires the majority of the Board to take an action affirming a disciplinary action, so two to one vote *260 would not affirm the termination. The vote tonight in order to take any discipline would need to be unanimous because there's only three of you here.

A new motion was then made to suspend the men without pay through August 31, 2005. This motion passed unanimously, and the meeting was adjourned.

LCCG then filed suit against Francis and Walker, seeking to have the Board's decision reversed. In that suit, LCCG asserted that the Board erred in setting aside its majority decision to uphold the employment termination on the advice of its attorney and in reconsidering the issue.

The matter came before the trial court for hearing on December 12, 2005. After listening to the arguments of counsel, the trial court upheld the action of the Board in oral reasons for judgment. LCCG then perfected this appeal, asserting in its sole assignment of error that the trial court erred when it did not reverse the Board's decision and uphold LCCG's action in terminating the employment of Francis and Walker. However, within that one assignment of error, LCCG raises two arguments:

1. Because a majority of Board members present initially upheld the dismissal of the two employees by a two-to-one vote, the final unanimous action of the Board should not be considered.
2. Because LCCG acted with just cause and in a reasonable manner within its rules, procedures and policies in dismissing the two employees, the Board erred in reversing that action, and the trial court erred in affirming the Board's action.

OPINION

Issue Number One

In seeking reversal of the trial court judgment, LCCG first argues that the two-to-one decision of the Board to uphold LCCG's disciplinary action was a final decision and was changed only because of erroneous legal advice. Thus, it suggests that we simply ignore the unanimous vote to modify the discipline it imposed.

In arguing this point, LCCG directs this court's attention to Section 1.6, Rule II, of the Lafayette City-Parish Civil Service Rules and Regulations (Civil Service Rules), which provides that "[t]hree members of the Board shall constitute a quorum for the transaction of business." At the same time, LCCG acknowledges that the Civil Service Rules do not address the issue concerning the number of votes required for action when only three of the five members attend a Board meeting. Instead, LCCG directs our attention to La.R.S. 33:2536(M) (which appears to provide that the vote of a majority of a quorum present is sufficient to transact business and make decisions in meetings of local fire and police civil service boards created by that statute) and to two judicial opinions upholding majority votes of public entities where the full contingent of members were not present. See Johnson v. La. State Univ., 418 So.2d 667 (La.App. 1 Cir.1982); Alonzo v. La. Dep't of Highways, 268 So.2d 52 (La.App. 1 Cir.), writ refused, 263 La. 990, 270 So.2d 124 (1972). Francis and Walker argue on appeal that there is no evidence that the Board has not adopted rules of procedure different from those public entities cited by LCCG. Therefore, there is no evidence that the Board attorney's advice was wrong.

We need not address whether the Board attorney's advice was incorrect. The hearing record reflects that LCCG's attorney was present from the time the Board returned from executive session until it adjourned. During that time, the *261

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hawkins v. City of Bossier
211 So. 3d 665 (Louisiana Court of Appeal, 2017)
Thibodeaux v. Conoco Phillips Co.
952 So. 2d 912 (Louisiana Court of Appeal, 2007)
Juanita Thibodeaux v. Conoco Phillips Co.
Louisiana Court of Appeal, 2007

Cite This Page — Counsel Stack

Bluebook (online)
934 So. 2d 258, 2006 WL 1749599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lafayette-city-parish-cons-gov-v-francis-lactapp-2006.