Shields v. City of Shreveport

565 So. 2d 473, 1990 WL 31409
CourtLouisiana Court of Appeal
DecidedAugust 22, 1990
Docket21179-CA
StatusPublished
Cited by19 cases

This text of 565 So. 2d 473 (Shields v. City of Shreveport) 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
Shields v. City of Shreveport, 565 So. 2d 473, 1990 WL 31409 (La. Ct. App. 1990).

Opinion

565 So.2d 473 (1990)

Terry SHIELDS and Robert Helmka, Plaintiffs-Appellees,
v.
CITY OF SHREVEPORT, et al., Defendants-Appellants.

No. 21179-CA.

Court of Appeal of Louisiana, Second Circuit.

March 20, 1990.
On Rehearing August 22, 1990.

*474 Charles C. Grubb, City Atty., Lydia M. Rhodes, Asst. City Atty., Shreveport, for defendants-appellants.

Ronald J. Miciotto, Shreveport, for plaintiffs-appellees.

Before MARVIN, FRED W. JONES, Jr., and HIGHTOWER, JJ.

MARVIN, Judge.

In this civil service appeal arising out of the termination of two police officers for drinking in uniform while serving as "security" at a high school alumni reunion at a Shreveport motel, the district court, while commending the Chief and the Civil Service Board of Review for removing the officers from active duty, found that the discipline was excessive and not in "good faith" and remanded for "more appropriate disciplinary action." LRS 33:2501.

This appeal by the City and the Board questions the authority or the scope of review of the district court and the correctness, in fact and in law, of its judgment. See LRS 33:2501 E(3); Newman v. Department of Fire, 425 So.2d 753 (La.1983), citing LRS 49:964 G(5).

We affirm.

FACTS

The Board's factual findings are not contested. The officers accepted the opportunity to serve as private security for pay at the party after their regular duty hours ended. A city ordinance apparently requires security at some private parties.

Refusing, instead of accepting, drinks that were offered them by the party-goers, they drank whiskey which they purchased from a nearby liquor store, having driven there in a marked police car while in uniform. As the party began to wind down, one of the officers went to sleep in a corner area of the lobby of the motel. The officers were paid and departed when the party ended. The party-goers who testified at the board hearing complimented the conduct and demeanor of the officers at the party.

A report about the officers' drinking, however, provoked a pre-disciplinary hearing by the Chief of Police. The Chief placed them on administrative leave and directed them to the Employee Assistance Program "to find out about their drinking problem." This program is available to City employees who seek assistance in coping with personal problems, including alcoholism, that interfere with their City duties. There, each officer revealed his respective lengthy abuse of alcohol while off duty. This abuse was confirmed by an independent chemical dependency service, which opined that both officers were alcoholics. Three days after the service rendered its reports, the Chief fired the officers for "drinking on duty."

On appeal by the officers, the Civil Service Board, after an evidentiary hearing, upheld the termination of each officer by a vote of 3-2. The appeal to the district court followed. Evidence before the board included a psychiatric opinion elicited by each officer that he had an alcohol dependency problem.

The district court effectively found that the officers' drinking at the party did not cause them or the department specific impairment or detriment, but only general detriment because they were deemed to have been "on duty" while on the private *475 security assignment in uniform, contrary to department and statutory regulations. See LRS 33:2500A(6). This conclusion is supported by the record.

Legal "cause" for discipline, however, is not questioned by the officers or the district court. We shall assume, as did the district court, that legal cause for some discipline was warranted in that "the conduct of the employee impaired the efficiency of the public service." Leggett v. Northwestern State College, 242 La. 927, 140 So.2d 5, 9 (La.1962).

The district court commended the action of the Chief in removing the officers from active law enforcement. The record and the district court's reasons for judgment suggest the conclusion that most City employees with a drinking problem would be offered some rehabilitative assistance under the City's program before being terminated. The district court's reasons also suggest that all employees, including police officers, should be encouraged to reveal their abuse of alcohol and to seek assistance from the City's program.

REVIEW OF BOARD DISCIPLINE

The trial court considered the Federal Rehabilitation Act of 1973, 29 U.S.C. § 794, and Craighead v. Administrator, Dept. of Empl. Security, 420 So.2d 688 (La.App. 2d Cir.1982), writ denied. Those authorities afford some relief to some employee-alcoholics in other situations, but are only remotely analogous and shall not be discussed because they are not directly applicable to the specific issues presented in this appeal.

When a civil service employee appeals disciplinary action taken against him by the appointing authority (here, the Chief of Police), the Board is "confined to the question of whether the action ... was made in good faith for cause set forth in the provisions of this Part." § 2501 B.

An appeal of the Board's decision "shall be confined to a determination of whether the decision made by the board was made in good faith and for cause under the provisions of this Part." § 2501 E(3). The statutory standard for appellate judicial review of actions under civil service laws is more detailed in LRS 49:964(G):

The court may affirm the decision ... or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, or conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(6) Manifestly erroneous in view of the reliable, probative, and substantial evidence on the whole record. In the application of the rule, where the agency has the opportunity to judge of the credibility of witnesses by firsthand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues.
See Newman v. Department of Fire, supra, City of Kenner v. Pritchett, 432 So.2d 971 (La.App. 5th Cir. 1983).

In Newman, the authority of a court to modify civil service disciplinary action by remanding was recognized, but the court's modification was not upheld because it was not shown that the discipline was arbitrary or capricious. In City of Kenner, the district court's modification of the civil service board's discipline was upheld. We agree that a "chief of police ... has the discretion to take disciplinary actions where there exists sufficient cause ... and is answerable for departmental actions. Because an officer is the first to be terminated for violation of departmental rules does not alone constitute bad faith.... However, each case is subject to the scrutiny of appellate review and must be decided according *476 to the particular facts of that case." 432 So.2d at 974.

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Bluebook (online)
565 So. 2d 473, 1990 WL 31409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-city-of-shreveport-lactapp-1990.