Merrett v. Shreveport Municipal Fire & Police Civil Service Board

72 So. 2d 519, 1954 La. App. LEXIS 717
CourtLouisiana Court of Appeal
DecidedApril 22, 1954
DocketNo. 8131
StatusPublished
Cited by6 cases

This text of 72 So. 2d 519 (Merrett v. Shreveport 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
Merrett v. Shreveport Municipal Fire & Police Civil Service Board, 72 So. 2d 519, 1954 La. App. LEXIS 717 (La. Ct. App. 1954).

Opinion

GLADNEY, Judge. , .

Shreveport Municipal Fire and Police Civil Service Board appeals "from a judgment obtained by four classified■ Civil Service employees enjoining it from proceeding with an open or public investigation of their conduct and performance as employees of the City of Shreveport. Suits were separately brought on substantially the same grounds by Chief of Police E. G. Huckabay, Patrolman O. C. Merrett, Assistant Chief of Bureau of Fire Prevention Raymond B. Oliver, and Chief Fire Inspector Victor Bussie, in each of which cases it was alleged the proposed investigation by the Civil Service Board, was without statutory authority and would constitute an invasion of their personal civil rights. After separate appeals were perfected in this court the death of E. G. Pluckabay occurred and his action has abated.

The instant action by O. C. Merrett followed an announcement by the Civil Service Board of its intention of conduct-. ing on its own initiative an open or public investigation affecting each of said employees. In furtherance thereof the Board mailed December 4, 1953 to each employee letters worded substantially alike advising' such proceedings would commence on December 11, 1953, for the purpose of determining: “(1) to what extent, if any^ you participated in or were connected with any investigation of the conduct of Commissioner of Public Safety, A. B. Morris, at any time during the year 1946 through the present time; (2) to what extent, if any, you participated during said period in any action or conspiracy which had as its purpose the coercion of Commissioner A. B. Morris through direct or indirect threats into taking or failing to take any action in connection with his duties as Commissioner of Public Safety; and, (3J to what extent, if any, during said period' you succeeded in so coercing Commissioner Morris.”

The letter further stated: “During the" course of the investigation," you "will be’ given the right of cross-examination ■ of", witnesses and you will have an opportunity to present testimony and evidence for the' purpose of refuting any testimony or evi'-’ dence which reflects upon your conduct or performance with respect to the subject, matter of this investigation.” ,

After receipt of this communication Merrett appeared before the Civil .Service, Board and made formal objection that it; was without authority or jurisdiction to hold the investigation. This objection was overruled and Merrett notified the Board he would appeal to the District Court of Caddo Parish, assigning in writing specific grounds for the action to be taken by ■him. On December 9th suits by each of the four employees were brought in the District Court to restrain and enjoin the' Civil Service Board from taking further action in its announced investigation.

Prior to proceeding with trial the defendant moved -for an order consolidating the separate suits foir trial on the merits and for hearing of all preliminary matters therein. There was also filed a motion [522]*522to dissolve the restraining order which had been issued on December 9th, and to recall the rule for a preliminary injunction. The motion to consolidate was granted. The motion to dissolve was denied and respondent filed its answer in which it averred the proposed investigation was lawful .in all respects and that it was the duty of the members of the Shreveport Municipal Fire and Police Civil Service Board to undertake the investigation.

The court, upon trial of the rule for preliminary injunction, made the rule absolute, conditioned upon each of plaintiffs posting bond as specified in its ruling. The consolidated cases were thereupon submitted upon an agreed statement of facts for decision upon the merits, which ruling would determine whether or not a permanent injunction would issue.

The stipulated facts admit the status of the parties, the absence of written complaints of misconduct, the notices of intention to hold the subject investigation and that plaintiffs have exhausted their administrative remedies- before the Civil Service Board. .Other material facts agreed upon are:

“Defendant proposes and will conduct the proposed investigations in accordance with the following plan and procedure:

“(a) The investigations will be separately conducted in a sequence decided upon' by lot as follows:
“First — O. C. Merrett
“Second — Victor Bussie
“Third — E. G. Huckabay
“Fourth — Raymond B. Oliver
“(b) The investigations will deal with the subject matter described in the four letters to plaintiffs, each dated December 4, 1953, their contents -being fully set forth in plaintiffs’ petitions.
“(c) During said investigations, the person whose conduct is 'being investigated will have the right to be represented by counsel, will have the right of cross-examination of all witnesses and will have the opportunity of presenting testimony and evidence for the purpose of refuting any testimony or evidence which reflects upon his conduct or performance.
“(d) During the investigations, witnesses will be called -and examined for defendant by its counsel, John A. Dykes, and subject to the right of the defendant to call, additional witnesses or ask additional questions, and further subject to the right of cross-examination and refutation, the presentation of witnesses and evidence will be handled by said Dykes for the Board and by the attorney for the plaintiff being investigated.
“(e) Subject to arranging convenient dates with -plaintiffs and their attorneys, defendant will schedule the investigation in such a way that not more than a week will elapse -between the close of one investigation and the commencement of- the next. In- this connection, defendant plans to notify all parties of the specified scheduled commencement date of each investigation so that each party will have at least ten (10) days’ notice before the beginning of his investigation.
“(f) Defendant plans to subpoena and call as witnesses each of the plaintiffs in each of the investigations and plans to require that plaintiffs answer all questions dealing with the subject matter of the par-, ticular investigation, unless the plaintiffs refuse to answer on the grounds of self-incrimination. Any other refusal to answer will be ruled upon strictly within the discretion of the defendant Board.
“(g) The investigations wil be held in the Council Chambers of the Shreveport City Hall and will be open to the public and the press.”

“If as a result of the proposed investigation, in the opinion of the Board, corrective or disciplinary action is indicated, then in that event, the Board will be advised by its attorney, Mr. John A. Dykes, that it has the authority to order disciplinary action or corrective action to be taken, and if such corrective or disciplinary action is taken, as to any plaintiff or plain[523]*523tiffs against whom it is taken, the investigation will have been a trial.

* * * * * *

“The proposed investigation . will be public with the testimony of all witnesses being available to the press and radio announcers; that the hearings almost certainly will last several days and that there would be an opportunity for the press and radio announcers to play up the subject matter for a number of days.”

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

Related

Dickerson v. Hennen
249 So. 2d 251 (Louisiana Court of Appeal, 1971)
Oliver v. Shreveport Municipal Fire & Police Civil Service Board
81 So. 2d 398 (Supreme Court of Louisiana, 1954)
Bussie v. Shreveport Municipal Fire & Police Civil Service Board
72 So. 2d 529 (Louisiana Court of Appeal, 1954)
Oliver v. Shreveport Municipal Fire & Police Civil Service Board
72 So. 2d 529 (Louisiana Court of Appeal, 1954)
State Ex Rel. First Trust & Savings Bank v. Southerland
142 So. 883 (Supreme Court of Florida, 1932)

Cite This Page — Counsel Stack

Bluebook (online)
72 So. 2d 519, 1954 La. App. LEXIS 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrett-v-shreveport-municipal-fire-police-civil-service-board-lactapp-1954.