Sammy William Ray v. Mississippi Department of Public Safety

172 So. 3d 182, 2015 Miss. LEXIS 415, 2015 WL 4855690
CourtMississippi Supreme Court
DecidedAugust 13, 2015
Docket2013-CT-00972-SCT
StatusPublished
Cited by12 cases

This text of 172 So. 3d 182 (Sammy William Ray v. Mississippi Department of Public Safety) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sammy William Ray v. Mississippi Department of Public Safety, 172 So. 3d 182, 2015 Miss. LEXIS 415, 2015 WL 4855690 (Mich. 2015).

Opinion

ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court:

¶ 1. The Mississippi Highway Safety Patrol (MHP) discharged Officer Sammy Ray for falsification of official state documents. Upon receiving notice of his termination, Ray appealed to the Employee Appeals Board (EAB). The EAB conducted a hearing and upheld Ray’s termination. On appeal, the Hinds County Circuit Court affirmed. But the Court of Appeals reversed the circuit court judgment, concluding that Ray’s due process rights were violated because the EAB’s decision was based on conduct other than that for which he officially was charged. The Court of Appeals awarded Ray reinstatement and back pay. The Department of Public Safety (“Department”) appeals to this Court, asserting that the Court of Appeals improperly reweighed the evidence and failed to give sufficient deference to the EAB’s findings. We agree and now reverse the judgment of the Court of Appeals and reinstate and affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

¶ 2. Ray joined the MHP in 2008. In 2007, he was promoted to Trooper First Class, the position he held until his termination in 2010.

¶ 3. On October 2, 2009, the Department began an investigation of Ray after an audit of ticket control sheets showed multiple voided tickets. Through the investigation, the Department determined that Ray had written false tickets on four separate *184 occasions 1 and had made a DUI arrest without wearing his Class A uniform. 2 As a result, Ray’s troop captain brought charges against Ray, alleging four counts of record falsification and one count of insubordination. Specifically concerning the record-falsification charges, the narrative statement of charges provided:

Through investigation into the allegations against Ray it was discovered that on four (4) separate occasions he had written false tickets, otherwise known as “ghost tickets” on people that he had encountered on the road. Ray would issue a citation to an individual and obtain their personal information. He may issue a lone citation and then with the individual’s personnel [sic] information write an additional charge that would be entered on his ticket control sheet to make it appear as though he was writing more tickets than he actually was at the time. In doing so, Ray was falsifying official state documents, which is a Group Three Offense. He did this on four (4) occasions resulting in four (4) separate Group Three charges for falsification of records.

¶ 4. Ray exercised his right to a preter-mination hearing before the Performance Review Board. At the hearing, Ray admitted to the insubordination count but denied the record falsification counts. But the Board unanimously determined that the record falsification charges were well-founded. As a result of the Board’s findings, Ray received a letter of termination from the Chief of the Mississippi Highway Patrol.

¶ 5. Ray appealed his termination to the EAB, which held a hearing on January 25 and 26, 2011. The hearing officer heard extensive testimony from both sides concerning the record falsification charges against Ray. 3 The Department presented evidence from its internal investigation, including statements made by four motorists (Sandra Carpenter, Joshua Ulmer, William Thomas, and Kaei Patterson) who were issued tickets by Ray.

¶ 6. Carpenter stated that Ray had given her a ticket for an expired inspection sticker only, but that the Department later contacted her during its investigation and informed her that Ray also had recorded a ticket for a seatbelt violation. Ulmer stated that Ray had given him a ticket for a seatbelt violation only, but he was later informed that Ray also had recorded a ticket for speeding. Thomas stated that he did not remember Ray giving him a ticket for speeding or for an inspection-sticker violation, and that he knew he had never received a ticket for a seatbelt violation. But he later found out that Ray had recorded tickets for all three of those violations. And Patterson stated that Ray had given her no ticket, but she later found out that Ray had recorded a ticket for a seatbelt violation and for speeding.

¶ 7. Investigator Creede Mansell testified that Ray had an “exceptional number” of voided tickets on his control sheets:

*185 Q. And you mentioned so many voided tickets. Is your — is your opinion as a Highway Patrolman and investigator, Internal Affairs investigator, are there an exceptional amount of voided tickets on here, on [Ray’s] control sheets?
A. I would say so. I’ve never seen citations — I mean two control sheets that had this many voids. I mean, there’s some that have you know, up to 15.

Mansell also testified about an interview that he had conducted with Ray during the investigation:

Q. During that interview, did Sammy Ray say anything verbally to you during your questioning of him as to these tickets?
A. Nothing more than just, you know, that he would stop individuals and — for a valid charge, and then that he would actually write the individual another citation which was — which the actual violation did not occur. The majority of those were seatbelt violations. In the interview, he did say that — that he did this to pad his weekly reports as well as his—
Q. He did it to pad his weekly reports?
A. Yes. As well as his monthly statistics.
Q. You’re saying that — you understand that you’re a sworn witness, and you’re saying he did this to pad his weekly reports.
[[Image here]]
A. Yes.

¶ 8. The Department also entered into evidence audio recordings of the two interviews conducted by Mansell. In the first interview, Ray stated as follows:

Mansell: Okay, and then on some of the — some of the particular stops there may have been instances where there was a good violation, such as speeding or careless driving, something to that nature, and — and then a seatbelt viol ation would follow. In some of those situations, were the actual seatbelt violations good violations or were they just tickets that were — that you marked seatbelt violations on there just — just to — just to mark it, is that kind of what you told me earlier?
Ray: Yes.
[[Image here]]
Mansell: Out of those 30 stops in a month how many times would you say that occurs?
Ray: I don’t know. Maybe three or four, I guess. I don’t know.
Mansell: So, three or four — three or four times a month, so that would be— would that be like every month?
Ray: I guess 20 or 25 times a month, to put a number on it, I don’t know.
Mansell: Okay.

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172 So. 3d 182, 2015 Miss. LEXIS 415, 2015 WL 4855690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sammy-william-ray-v-mississippi-department-of-public-safety-miss-2015.