Moore v. City of Baton Rouge

146 So. 3d 584, 2013 La.App. 1 Cir. 1026, 2014 WL 3537041, 2014 La. App. LEXIS 1135
CourtLouisiana Court of Appeal
DecidedMay 2, 2014
DocketNo. 2013 CA 1026
StatusPublished
Cited by1 cases

This text of 146 So. 3d 584 (Moore v. City of Baton Rouge) 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
Moore v. City of Baton Rouge, 146 So. 3d 584, 2013 La.App. 1 Cir. 1026, 2014 WL 3537041, 2014 La. App. LEXIS 1135 (La. Ct. App. 2014).

Opinion

THERIOT, J.

|2The plaintiff-appellant, Alicia Moore, seeks reversal of the Nineteenth Judicial District Court’s judgment to affirm the termination of her employment with the Baton Rouge Police Department (BRPD). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Ms. Moore was hired by BRPD on December 15, 1997. At the time of her termination, she was employed full-time as a Police Criminal Information Specialist II.1 Prior to the incident for which Ms. Moore was terminated, she had never been disciplined during her employment with BRPD.

On November 18, 2011, Ms. Moore was suspended from duty pending a pre-termi-nation hearing after BRPD found: 1) she improperly contacted the crime information unit (CIU) on August 21, 2011 to inquire about a traffic stop of Lafanery Reado, a convicted felon; 2) contacted a police officer to inquire about the traffic stop; and 3) went to the scene of the stop and spoke with one of the officers on the scene about the stop. In its pre-termi-nation memorandum, BRPD also alleged to have found an open text message from Ms. Moore to Mr. Reado where she instructed him not to consent to the police officers searching his vehicle during the stop.

BRPD’s memorandum claimed Ms. Moore took an active interest in Mr. Rea-do’s traffic stop because she and Mr. Rea-do were having an intimate relationship, even though she was aware that he was a convicted felon. Ms. Moore denied such a relationship with Mr. Reado, claiming that he was Dsimply her yard worker, and they had become friends after learning they were related to one another. Ms. Moore also claimed she had no knowledge of Mr. Reado’s felony conviction until the week of the traffic stop. She states in her petition that Mr. Reado had received a pardon for his conviction. Following the traffic stop, Ms. Moore claimed she had cut all personal ties with Mr. Reado.

BRPD charged Ms. Moore with conduct unbecoming of an officer, association with known criminals, and lack of truthfulness.2 [587]*587In its interdepartmental correspondence with Ms. Moore, BRPD advised her that on August 21, 2011, police officers had stopped Mr. Reado in his vehicle after observing an equipment violation. Mr. Reado then claimed that he had just left Ms. Moore’s residence, and that he had apparently been speaking to Ms. Moore on his cell phone when he was stopped. Mr. Reado was unable to produce proof of insurance or registration for the vehicle, so the vehicle was towed to police headquarters. During an inventory search, a loaded .22 caliber revolver was found, along with a small bag containing suspected crack cocaine. Mr. Reado was charged with possession of CDS Schedule II and possession of a firearm.

|4BRPD claimed that once Ms. Moore learned of the traffic stop, she first contacted CIU to inquire if any information on Mr. Reado had been run, then contacted various police officers to inquire about the traffic stop, then went to the scene of the stop to speak with officers on the scene. While Mr. Reado was being transported to East Baton Rouge Parish Prison, he asked officers to retrieve two numbers from his mobile phone. As one officer complied with Mr. Reado’s request, he noticed an open text message reading “Do not let them search,” the time of the receipt of the message being when Mr. Reado was stopped. Mr. Reado did in fact deny consent to a search of his vehicle at the scene of the traffic stop. The contact name of the sender of the message was “50,” later determined to be Ms. Moore.

Mr. Reado’s criminal history showed he was convicted of second degree battery in 1999. BRPD concluded from all the text messages found on Mr. Reado’s mobile phone exchanged between him and Ms. Moore that they were engaged in an intimate relationship where she was aware that he was a convicted felon, but nevertheless associated with him on a continuing social basis.

Ms. Moore’s pre-termination hearing was held November 21, 2011. Ms. Moore claimed she was not allowed to adequately defend herself at the hearing, where she was often referred to by the Police Chief and other officers as a “traitor” and “Judas.” On November 30, 2011, BRPD notified Ms. Moore that her employment had been terminated, effective December 1, 2011. She appealed BRPD’s decision, and a hearing was held on May 17, 2012, before the Municipal Fire & Police Civil Service Board (the Board).

In her recorded statement before the Board, Ms. Moore admitted to speaking to Mr. Reado over the phone when he was stopped by the police. She was off duty at the time. As she was driving to run a personal errand, |sshe happened to approach where Mr. Reado had been stopped by eight police cars, which she believed to be an excessive show of force for a routine traffic stop. She stopped a block away from the stop to observe out of view from the stop, and texted “Do not let them search” to Mr. Reado at that time. Ms. Moore attempted to justify her actions with allegations she had heard around her community of police misconduct.

While Ms. Moore denied having an intimate relationship with Mr. Reado, she did state that at times they were flirtatious [588]*588with their text messages. She admitted texting “I love you” to Mr. Reado, but asserted that the context of the text was platonic and she had no interest in an intimate relationship with Mr. Reado. She claimed to not being aware that Mr. Reado was a convicted felon at the time she had sent those texts. She maintained that at no time did she intervene or interfere with Mr. Reado’s traffic stop, and that it was routine for off-duty officers to call for information on stops and arrests. She claimed to have no knowledge of Mr. Rea-do’s prior felony conviction until the week of the traffic stop, and she presented a copy of Mr. Reado’s first-offender pardon letter from the Louisiana Department of Probation and Parole at the appeal hearing.

The Board unanimously upheld BRPD’s decision to terminate Ms. Moore’s employment. Ms. Moore then appealed the Board’s decision to the 19th JDC. The district court affirmed the Board’s decision on February 27, 2013, and the judgment was signed April 10, 2013. This appeal followed.

ASSIGNMENTS OF ERROR

Ms. Moore alleges three assignments of error:

1. The district court and the Board erred in failing to exclude certain evidence.
j-,2. The district court and the Board committed manifest error when they held that the appointing authority established by a preponderance of the evidence that the alleged dereliction bore a real and substantial relationship to the efficient operation of the appointing authority, and that Ms. Moore was, therefore terminated for “cause.”
3. The district court erred in affirming the decision of the Board and finding that the appointing authority’s actions were not arbitrary and capricious.

STANDARD OF REVIEW

A civil service commission or board must decide not only if a disciplinary action has been made in good faith for cause, but additionally must make an independent assessment of whether the particular punishment imposed is warranted. This duty of the Board interposes a check on BRPD’s ability to impose discipline. See City of Bossier City v. Vernon, 2012-0078 (La.10/16/12), 100 So.3d 301, 311-312.

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Bluebook (online)
146 So. 3d 584, 2013 La.App. 1 Cir. 1026, 2014 WL 3537041, 2014 La. App. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-city-of-baton-rouge-lactapp-2014.