Narcisse v. Department of Police

110 So. 3d 692, 2012 La.App. 4 Cir. 1267, 2013 WL 830930, 2013 La. App. LEXIS 519
CourtLouisiana Court of Appeal
DecidedMarch 6, 2013
DocketNo. 2012-CA-1267
StatusPublished
Cited by6 cases

This text of 110 So. 3d 692 (Narcisse 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
Narcisse v. Department of Police, 110 So. 3d 692, 2012 La.App. 4 Cir. 1267, 2013 WL 830930, 2013 La. App. LEXIS 519 (La. Ct. App. 2013).

Opinions

PAUL A. BONIN, Judge.

| Joseph Narcisse, an officer in the New Orleans Police Department, appeals the decision of the New Orleans Civil Service Commission which upheld the discipline imposed upon by him by the Department. The Department demoted Officer Narcisse from Sergeant to Police Officer IV after it determined that on May 5, 2010, he failed to follow several verbal instructions from his supervisors. The Department also suspended Officer Narcisse for forty-five days after it determined that he made several untruthful statements regarding the events of May 5, 2010.

Officer Narcisse first argues on appeal that the Commission’s decision is arbitrary and capricious because there is no substantial evidence to support the requisite finding that his failure to perform his duty impaired the efficiency and orderly administration of the public service. Officer Narcisse further argues that the Commission’s decision should be reversed because it erred in determining that the discipline meted out by the Department was commensurate with the offense. Having reviewed this matter, we affirm the Commission’s decision and find that its Rruling that Mr. Narcisse’s actions impaired the efficiency of the service is supported by evidence in the record. We explain our decision in greater detail below.

I

In this Part we address the background facts and procedural history of this matter. The appellant, Joseph Narcisse, is employed as a policeman with the Department. He was first hired by the Department on October 28, 1990, subsequently promoted to Sergeant on March 15, 2002, and then later demoted to Police Officer IV effective October 6, 2010.1 The events that led to Officer Narcisse’s demotion form the factual basis underlying this appeal.

Specifically, the record indicates that Officer Narcisse suffers from migraine headaches and was forced by his medical condition to take an extended medical leave in order to seek treatment. Officer Narcisse returned to active duty on May 4, 2010, and was assigned to the Office of Compliance, although he had previously been assigned to the Public Integrity Bureau. Officer Narcisse first met with Major John Bryson, Commander of the Office of Compliance, as well as two supervisors — Captain Brian Weiss and Lieutenant Angelo Smith — to discuss his duties.

The record indicates that all three supervising officers knew of Officer Nar-cisse’s medical condition, and that Major [695]*695Bryson, specifically, offered to accommodate Officer Narcisse’s medical needs if he needed help. At the meeting, Officer Nar-cisse learned that he would be assigned to Compliance, but detailed to lathe PIB in order to complete paperwork on a backlog of cases. Officer Narcisse’s work hours were to be between 8:25 am and 5:00 pm. Because Officer Narcisse had been out on sick leave for so long, and also because his pre-leave attendance had been erratic, Major Bryson informed Officer Narcisse that upon arriving at work he was to first report to Compliance, which is located in the Department’s headquarters, sign the payroll timesheet, and then relocate to PIB’s offices, which are situated at another location nearby.

Further, Major Bryson also conducted a Compliance staff meeting on May 4, 2010. At this meeting, Major Bryson announced that all Compliance personnel were instructed, because of budgetary constraints, to turn in their departmental cell phones the following day at Department headquarters. In light of this development, Major Bryson also instructed his subordinates to maintain police radio contact on the dedicated, Compliance channel when out of the office. The remainder of the May 4, 2010, workday proceeded without incident.

At approximately 9:00 am on May 5, 2010, Lieutenant Iris Carey, Officer Nar-cisse’s supervisor at PIB, called Lt. Smith to inquire as to Officer Narcisse’s whereabouts. Lt. Carey testified that her office in PIB is oriented such that she is able to see who arrives for work each day, but that Officer Narcisse never reported for duty on May 5, 2010. Lt. Smith testified that he told Lt. Carey that he had yet to see Officer Narcisse at Compliance. Shortly thereafter, Officer Narcisse called Lt. Smith, informed him that he was turning in his departmental cell phone, and asked to change his working hours. Lt. Smith declined Officer Narcisse’s request, Rnoting that he would need to get approval from Lt. Carey.2 Lt. Smith also ordered Officer Narcisse to report to the PIB for work after he had finished turning in his departmental cell phone.

Lt. Carey testified that, shortly after her initial conversation with Lt. Smith, she called Officer Narcisse to inquire as to his whereabouts. According to Lt. Carey, Officer Narcisse told her that he was then currently at Police Headquarters turning in his departmental cell phone. Lt. Carey noted that during this conversation, Officer Narcisse also told her that he had just then been speaking with Captain Weiss in the hallway. Lt. Carey then ordered Officer Narcisse to report to PIB once he was finished turning in his departmental cell phone.

Lt. Carey then called Lt. Smith, informed him of the substance of her conversation with Officer Narcisse, and learned from Lt. Smith that Captain Weiss was not at Police Headquarters on that day. Lt. Carey then called Officer Narcisse back and ordered him to come to work at the PIB. Lt. Carey testified that Officer Nar-cisse claimed, variously, that Major Bryson and Lt. Smith had given him permission to change his working hours. Lt. Carey then contacted Lt. Smith to confirm Officer Narcisse’s assertions. Lt. Smith told Lt. Carey that he had not authorized a change in Officer Narcisse’s working hours. Lt. Smith also spoke with Major Bryson and Captain Weiss, both of whom denied changing Officer Narcisse’s working hours. [696]*696Subsequently, Lt. Smith attempted, unsuccessfully, to [ ^contact Officer Narcisse using the Compliance channel on the departmental radio system.

At approximately 11:00 am, Lt. Carey again called Officer Narcisse to inform him that he did not have authorization to alter his work schedule, inquired as to his whereabouts, and ordered him to report for duty at the PIB. According to Lt. Carey, Officer Narcisse told her that he was suffering from a migraine and needed to get a shot. Lt. Carey gave Officer Narcisse permission to seek medical attention and ordered him to report to PIB immediately thereafter.

At approximately 2:45 pm, Officer Nar-cisse called Lt. Smith, told him that he was at home suffering from a migraine, and asked to change his work hours. Lt. Smith denied the request. Officer Nar-cisse then asked Lt. Smith to “carry him sick” for the day. Lt. Smith approved the request, but subsequently contacted Captain Weiss for instructions. Captain Weiss told Lt. Carey to place Officer Narcisse on leave without pay from 8:25 am to 2:45 pm, and on sick leave from 2:45 pm to 5:00 pm.

Subsequently, Lieutenant Carl Perilloux was tasked with conducting an internal investigation into Officer Narcisse’s actions and statements. Lt. Perilloux concluded that Officer Narcisse committed seven violations of departmental rules. Specifically, Lt. Perilloux concluded that Officer Nar-cisse violated Rule 2, Moral Conduct, paragraph 3, Truthfulness, when he: 1) told Lt. Carey that he was speaking with Captain Weiss in the hallway at Department headquarters; 2) told Lt. Carey that he had permission from Major Bryson to change his working hours; 3) | fitold Lt. Carey that he had permission from Lt.

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

Related

Leslie McDaniel v. DOTD
Louisiana Court of Appeal, 2023
Robert Pitre Jr. v. Department of Fire
Louisiana Court of Appeal, 2022
Rivet v. Dep't of Police
258 So. 3d 111 (Louisiana Court of Appeal, 2018)
McMasters v. Department of Police
172 So. 3d 105 (Louisiana Court of Appeal, 2015)
Bell v. Department of Police
141 So. 3d 871 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
110 So. 3d 692, 2012 La.App. 4 Cir. 1267, 2013 WL 830930, 2013 La. App. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/narcisse-v-department-of-police-lactapp-2013.