Pellitteri v. Orleans Levee District

633 So. 2d 615, 1993 La. App. LEXIS 4036, 1993 WL 539650
CourtLouisiana Court of Appeal
DecidedDecember 29, 1993
DocketNo. 93 CA 0245
StatusPublished
Cited by1 cases

This text of 633 So. 2d 615 (Pellitteri v. Orleans Levee District) 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
Pellitteri v. Orleans Levee District, 633 So. 2d 615, 1993 La. App. LEXIS 4036, 1993 WL 539650 (La. Ct. App. 1993).

Opinions

WATKINS, Judge.

Plaintiff, Albert S. Pellitteri, appeals the October 9, 1992 ruling of the Louisiana Civil Service Commission (Commission) that affirmed plaintiffs suspension and termination from his employment with the Orleans Levee District Board (Board) as a Levee Board Police Officer II. Finding that the notices of the disciplinary actions were not signed by plaintiffs appointing authority, we reverse.

Officer Pellitteri was suspended verbally on December 7, 1990, following an unprovoked attack upon him while he was on duty. During the attack Officer Pellitteri discharged his weapon. When fellow officers took him to the hospital for medical examination, Officer Pellitteri allegedly refused to obey a direct order to submit to a blood test.2

[616]*616The officer’s verbal suspension was confirmed by a written notice to him dated December 10,1990, and signed by Cynthia O. Taylor, Human Resource Administrator, Board of Commissioners of the Orleans Levee District. By a second notice signed by Ms. Taylor and dated January 11, 1991, Officer Pellitteri was informed of his termination effective January 18, 1991.

Challenging the disciplinary actions taken against him, plaintiff took his case through the proper civil service channels. Eventually, on October 9, 1992, the Commission issued a final ruling in favor of the Board on both the suspension and the termination. Plaintiff appeals the 1992 ruling of the Commission.

Pretermitting discussion of the merits of the disciplinary actions taken against plaintiff, we turn our attention to the procedural safeguards afforded civil servants by state statutes and regulations.

It is well established that disciplinary action must be taken by the proper appointing authority or it is null and must be set aside. Board of Comm’rs v. Livingston, 546 So.2d 259 (La.App. 1st Cir.1989); DuBois v. Department of Health and Human Resources, 448 So.2d 230 (La.App. 1st Cir.1984). The requirement that the discharge come from the appointing authority is to be strictly construed. Bennett v. Executive Dept., Div. of State Bldgs., 334 So.2d 551 (La.App. 1st Cir.1976).

Rule 1.4 of the Civil Service Rules defines “appointing authority” as “the agency, department, board, or commission, and the officers and employees thereof authorized by statute or by lawfully delegated authority to make appointments to positions in the State Service.” Rule 1.5 provides that “appointment” means “an offer by an appointing authority to a qualified person of employment in a classified position and the acceptance of such offer.”

The pertinent statutory authority for the Board is LSA-R.S. 38:326 A, which provides in part:

Any levee district ... may, at the discretion of its board of commissioners, employ one or more persons as levee district ... police officers.... Each such person named as a police officer by the president of the levee district ... shall be commissioned as a peace officer by the Department of Public Safety and Corrections. Such commission shall remain in force and effect at the pleasure of the president of the levee district ... and the Department of Public Safety and Corrections subject to applicable civil service regulations.

Furthermore, Article V of the Board’s bylaws delegates the power of the appointing authority to the President of the Board, while reserving to the Board as a whole the appointing authority for all executive employees ranked higher than a department head.

Pursuant to the above, the appointing authority for the Board is the president of the Board. At all times pertinent to this litigation, Steven 0. Medo served as president of the Board.

On March 16,1988, by a document entitled “Authorization to Act as Appointing Authority,” President Medo delegated his authority to H. Baylor Lansden, Orleans Levee Board Managing Director. The “Authorization” included the following pertinent language:

I, Steven O. Medo, Jr., President of the Board ... and duly authorized Appointing Authority ... hereby delegate to you, Mr. H. Baylor Lansden, Orleans Levee Board Managing Director, the authority to serve as the Appointing Authority for the Orleans Levee Board.
The functions of the Appointing Authority shall encompass those activities affecting staff which you deem necessary for the efficient and orderly functioning of the agency, subject, of course, to the applicable provisions of the Louisiana Constitution pertaining to the Civil Service status of classified personnel, ...
These functions shall include, but shall not be limited to, making appointments to positions; reprimanding, suspending from duty without pay, , or utilizing other disciplinary methods; terminating employment for [617]*617cause or for other reasons; determining job assignments, work schedules and overtime requirements; approving leave requests or enforcing leave; hearing and disposing of grievances; and, providing guidance and review over such programs as job evaluations; recruitment; promotions, career development, and training; position classification; safety and employment conditions; employer/employee relations; and, records management and security.
This delegation of the Appointing Authority functions shall also include the authorization for you to designate a Personnel Director to act under your direction, to initiate, sign and maintain personnel documents and records of personnel transactions affect[i]ng employees of the agency; to assist you in the research, development, monitoring, coordination, and implementation of personnel services, programs, and policies; and to serve ¿s the agency’s representative on personnel and related matters.

In the instant proceedings, it is the Board’s position that the appointing authority was “re-delegated” from Mr. Lansden to Ms. Taylor, the person who signed the notices to plaintiff. In support of its contention, the Board offered into evidence a document dated May BO, 1989, and entitled “Authorization to Act as Acting Personnel Director.” The document reads, in pertinent part:

I, H.B. Lansden, Orleans Levee Board Director and duly delegated the functions of the Appointing Authority for the Orleans Levee Board ... do hereby authorize you to act, under my direction, as the agency’s Acting Personnel Director.
These functions shall encompass those activities affecting staff which are deemed necessary for the orderly functioning of the agency, subject, of course, to the applicable provisions of the Louisiana constitution pertaining to the Civil Service status of classified personnel with the exception that, all personnel transactions affecting department heads and division directors shall be forwarded to me for authorization.
These delegated functions shall include, but shall not necessarily be limited to initiating, processing, signing, maintaining, and securing personnel documents and records of personnel transactions affecting employees of the agency; assisting me as necessary in researching, developing, coordinating, monitoring, and implementing personnel services, programs and policies; and serving as the agency’s representative on personnel and related matters.

The Commission interpreted the documents as proof that the appointing authority for the Board was effectively and intentionally re-delegated to Ms. Taylor. We disagree.

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

Related

Bruno v. Jefferson Parish Library Dept.
890 So. 2d 604 (Louisiana Court of Appeal, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
633 So. 2d 615, 1993 La. App. LEXIS 4036, 1993 WL 539650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pellitteri-v-orleans-levee-district-lactapp-1993.