Liang v. Department of Police

147 So. 3d 1221, 2013 La.App. 4 Cir. 1364, 2014 La. App. LEXIS 1995, 2014 WL 4101200
CourtLouisiana Court of Appeal
DecidedAugust 20, 2014
DocketNo. 2013-CA-1364
StatusPublished
Cited by15 cases

This text of 147 So. 3d 1221 (Liang v. Department of Police) 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
Liang v. Department of Police, 147 So. 3d 1221, 2013 La.App. 4 Cir. 1364, 2014 La. App. LEXIS 1995, 2014 WL 4101200 (La. Ct. App. 2014).

Opinion

SANDRA CABRINA JENKINS, Judge.

| j Sergeant David Liang seeks review of the Civil Service Commission’s decision denying his appeal of the discipline imposed by the New Orleans Police Department (“NOPD”). Following an administrative investigation, the NOPD determined that Liang violated internal departmental rules regarding Instructions from an Authoritative Source and Neglect of Duty and imposed upon him a three day suspension and a demotion from Sergeant to Police Officer. • Liang appealed the decision of the NOPD to the Civil Service Commission (“Commission”). After a hearing, the Commission found that the NOPD established good and lawful cause for the discipline, upheld the discipline imposed, and denied Liang’s appeal.

Now before this Court, Liang argues that the Commission erred in upholding the discipline imposed by the NOPD because the NOPD failed to comply with the minimum standards set.forth under La. R.S. 40:2531, known as the Police Officer’s Bill of Rights, by failing to complete the administrative investigation of Liang within sixty days. The NOPD maintains that the sixty-day time limit to complete administrative investigations does not apply here, pursuant to O’Hern v. 2Dept. of Police, 13-1416 (La.11/08/13), 131 So.3d 29, because the administrative investigation of Liang was delayed until a criminal investigation of two other officers was completed.

Upon our de novo review of the facts and applicable law, we find that the Commission erred in upholding the discipline imposed by the NOPD because the NOPD failed to comply with the minimum standards for completing an administrative investigation within sixty days. • Contrary to the argument asserted by the NOPD, the facts and circumstances of this case are distinguishable from O’Hem, which we find inapplicable to this case. In contrast to O’Hem, the NOPD failed to show any real or substantial correlation between the administrative investigation of Liang and the investigation of alleged criminal activity by other officers such that the administrative investigation would interfere with any criminal investigation. Under these circumstances, the NOPD’s criminal investigation of unrelated allegations of criminal activity cannot excuse the failure to comply with the minimum standards for completing an administrative investigation within sixty days as required under La. R.S. 40:2531 B(7). Consequently, we find that the Commission erred in denying Liang’s appeal and upholding the discipline imposed and we reverse the decision of the Commission and render the discipline imposed an absolute nullity.

| «BACKGROUND

In June, 2009, Sergeant David Liang was an NOPD supervisor in command of the Sixth District Task Force. Liang was on duty on June 30, 2009 at 3:00p.m. until July 1, 2009 at 3:00a.m.

On July 1, 2009, the Public Integrity Bureau received a complaint involving allegations of criminal activity by Officer Henry Hollins and Officer Thomas Clark, who were assigned to the Sixth District Task Force. The female complainant alleged that the officers pulled over their patrol car to speak with her and, subsequently, detained her. The officers placed the female complainant in the back of the patrol car and drove to the Sixth District station.1 Upon arriving at the station, Clark exited [1223]*1223the patrol car and walked inside the station. Hollins continued to detain the female complainant in the patrol car, drove her to another location, and raped her. Hollins then drove her back to the location where she was first detained and released her. The female complainant called 911 and reported these events at approximately 7:15 a.m. on July 1, 2009. In her complaint, she stated that these events occurred in the late hours of June 30, 2009 into the early morning hours of July 1, 2009.

Upon receiving the criminal complaint against Officers Hollins and Clark, the NOPD Public Integrity Bureau assigned Sergeant Kevin Stamp to conduct the internal investigation of possible criminal activity and rule violations by Hollins |4and Clark. Based on the allegations within the complaint, Sgt. Stamp initiated a DI-1 formal disciplinary investigation of Hollins and Clark. As soon as the complaint was received, the NOPD Sex Crimes Unit also initiated a criminal investigation of the alleged rape. Sgt. Joseph Lorenzo of the Sex Crimes Unit was assigned to conduct the criminal investigation.2

At the Commission hearing, PIB investigator Sgt. Stamp testified about the initiation of the criminal investigation of Hollins and Clark and the subsequent administrative disciplinary investigation of Liang. Sgt. Stamp stated that there were never any allegations of criminal activity involving Liang. Liang was not interviewed in relation to, or during the course of, the criminal investigation of Hollins and Clark. Within the first two days of the criminal investigation, however, Clark provided a voluntary statement to the criminal investigators in which he admitted to leaving work before the end of his shift on July 1, 2009. Sgt. Stamp testified that Clark’s statement prompted the initiation of an administrative investigation of Liang for possible rule violations as the on duty supervisor for Hollins and Clark on the night in question. However, a separate PIB disciplinary investigation was not initiated and the allegations of administrative rule violations against Liang were incorporated into the DI-1 investigation of Hollins and Clark.

Sgt. Stamp did not interview Liang or conduct any investigation into Liang’s possible rule violations until after the conclusion of the .criminal investigation of Hollins and Clark. The criminal investigation of Hollins and Clark | Swas turned over to the Orleans Parish District Attorney’s Office for review and determination of possible charges on August 28, 2009.3

[1224]*1224In March, 2011, Sgt. Stamp began his administrative investigation of Liang’s possible rule violations by conducting an interview with Liang. The administrative disciplinary investigation of Liang involved allegations that he violated Rule 4, Paragraph 4, Neglect of Duty — for failure to supervise his subordinates — and Rule 4, Paragraph 2, Instructions from an Authoritative Source — for failure to accurately report payroll. The alleged violations stemmed from his supervisory shift on June 30, 2009 into July 1, 2009.

From his administrative interview with Liang, Sgt. Stamp learned that, on the night in question, Liang was the immediate supervisor for Hollins and Clark. Liang stated that he had conducted roll call at the beginning of the shift, but Liang did not conduct roll call at the end of the shift and he admittedly failed to collect the “trip sheets” for that shift from Hollins and Clark. Sgt. Stamp determined that Liang was not aware, at the end of the shift on July 1, 2009, that either Hollins or Clark had left work before the end of the shift. Sgt. Stamp further determined that LLiang had no knowledge that either of his subordinates had engaged in any criminal conduct or rule violations during the shift, until Liang was informed about the criminal complaint against Hollins and Clark.

Sgt. Stamp completed his administrative investigation of Liang’s rule violations on April 11, 2011. On that date, Sgt. Stamp sent notification to Liang that the investigation was complete, that Sgt. Stamp was recommending to the NOPD Superintendent that the alleged rule violations be sustained, and informed Liang of his pre-disciplinary hearing date.

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Bluebook (online)
147 So. 3d 1221, 2013 La.App. 4 Cir. 1364, 2014 La. App. LEXIS 1995, 2014 WL 4101200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liang-v-department-of-police-lactapp-2014.