Speegle v. State Department of Institutions

198 So. 2d 154, 1967 La. App. LEXIS 5399
CourtLouisiana Court of Appeal
DecidedApril 17, 1967
DocketNo. 6997
StatusPublished
Cited by4 cases

This text of 198 So. 2d 154 (Speegle v. State Department of Institutions) 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
Speegle v. State Department of Institutions, 198 So. 2d 154, 1967 La. App. LEXIS 5399 (La. Ct. App. 1967).

Opinion

SARTAIN, Judge.

This appeal comes to us from the Civil Service Commission (hereinafter referred to as Commission) which affirmed the dismissal of appellant’s employment with the State Department of Institutions (hereinafter referred to as Department) as a Correctional Officer II at the Louisiana State Penitentiary. As an employee of this institution appellant had to sign a copy of General Order Number 26 — “Personal conduct rules and regulations for all employees” — which, inter alia, provides:

“16. No one may trade or barter with inmates or loan them money or borrow from them. If you desire to purchase an article manufactured by any of the authorized inmate businesses, you may do so by contacting the business office and going through the prescribed channels. A person violating this regulation will be subject to stringent disciplinary action.”

On May 25, 1966, appellant was notified by letter from Wingate M. White, Director of Institutions, that he was being removed from his position as Correctional Officer II at the close of business on May 31, 1966, for a violation of the rule and regu[156]*156lation quoted above and for denying knowledge of the violation to his superiors. The incident described as the violation was the contacting of inmate Olin D. Wyatt at ap--proximately 5 :00 P.M. on May 20, 1966 to confirm the sale of a truck to the said inmate for the price of $250.00.

The findings of fact and conclusions by the Commission are as follows:

“The matter was heard by us on July 6, 1966. A number of witnesses testified at the hearing and the evidence indicates that Olin D. Wyatt, an inmate guard serving a term for forgery at the Penitentiary, was eligible for discharge on Friday night, May 20, 1966. Wyatt, who testified as a witness, stated that his family was supposed to come down to the Penitentiary to pick him up at the discharge gate about midnight. However, in a signed statement he made on that same night when he was detained for questioning by the Chief Outside Security Officer, he declared that he had actually made a deal with appellant to buy his pickup truck for the sum of $250.00, and that appellant was to deliver the truck to him at the discharge gate some time after midnight and after he was discharged from the Penitentiary. This signed statement, marked for identification “Appellee I”, was written entirely in the handwriting of said witness.
Captain Norris, the Chief Outside Security Officer, who also testified, stated that he “shook” Wyatt down (searched him) at the discharge gate and found a roll of bills containing exactly $250.00 in one of his pockets and a considerable amount of additional money in his other pockets separate from the $250.00. When asked to explain why he had this roll of bills containing exactly $250.00 in one pocket separate from his other money, Wyatt could give no satisfactory explanation.
Another witness, J. Z. Sproles, a Correctional Officer I, who worked at the front gate at the Penitentiary, testified that on Wednesday, May 18, 1966 at about 2:00 o’clock P.M., Olin D. Wyatt came out to the gate and asked him to call appellant for him; that he informed Wyatt that would be unable to do so, but that if he got to see him he would let him know that Wyatt wanted to see him; that shortly after appellant’s wife came through the gate and he informed her that Wyatt wished to see her husband; that in response to this message appellant drove up to the gate in his pickup truck and asked Sproles about Wyatt’s whereabouts, but just at that time Wyatt happened to come by again and he and appellant engaged in a conversation concerning the sale of the truck; that Wyatt examined the truck and its tires, whereupon they agreed on the price of the truck; that appellant then told Wyatt he would meet him outside the Penitentiary gate on Friday, May 20, 1966 after 12:00 o’clock midnight and after he was discharged to consummate the deal. This witness further testifed that these negotiations took place in his presence.
Another witness, Leonard, a Correctional Officer II, who served as a roving Security Supervisor at the Penitentiary, stated that at about 4:30 o’clock p. m. on May 20, 1966, the telephone rang and picking up the receiver he learned that Wyatt was on the phone; that Wyatt told him he wanted to speak to appellant concerning his pickup truck; that he called appellant to the phone and the latter conversed with Wyatt over the phone; that at the conclusion of his telephone conversation with Wyatt, appellant informed the witness that he was going to sell his pickup truck to Wyatt that night for the price of $250.00, and that he was going to deliver the truck to Wyatt outside the gate after midnight and after Wyatt was discharged from the Penitentiary.
We conclude that although the deal for the sale of the truck was never actually [157]*157consummated because of the intervention and precautions taken by the authorities at the Penitentiary, who had learned beforehand of the negotiations between Wyatt and the appellant, the evidence convinces us and we find that appellant did knowingly violate Rule 16 of the regulations of the Penitentiary which specifically prohibits the trading or bartering with inmates of the Penitentiary, in that he did actually trade and barter with Olin D. Wyatt for the sale of appellant’s pickup truck for the sum of $250.00 at a time when Wyatt was an inmate of the Penitentiary.
Accordingly, the appeal is dismissed.”

Appellant cites three errors on the part of the Commission. They are (1) that the Department of Civil Service failed to issue subpoenas for appellant’s witnesses residing in the state who were employees of Louisiana State Penitentiary; (2) said Commission based its findings of fact and decision on mere assumption unsupported by any credible evidence; and (3) the alleged act complained of is not violative of Rule 16 of the rules of the Penitentiary.

With respect to Specification 1 above the record is completely void of any request by appellant of the Commission for the issuance of any subpoenas. The record clearly shows that appellant through his attorney announced to the Commission that he was ready to proceed with the hearing. Appellant presented and rested his case without any objection being made or noted with respect to appellant’s request for the issuance of subpoenas or the reservation of any rights with respect to the Commission’s refusal to issue any subpoena. Accordingly, if appellant did in fact desire the issuance of additional subpoenas prior to the hearing, he is deemed to have waived any objection for the Commission’s refusal to comply by not timely objecting and reserving his rights thereunder.

With respect to Specification of Error 2 above, the record fully supports the findings of fact as set forth in the written opinion of the Commission which we have quoted above. It is the well settled jurisprudence of this state that decisions of the Civil Service Commission as to findings of fact are final and the Court of Appeal is limited to the determination of questions of law only and is without authority to inquire into weight and sufficiency of evidence to support the charge. LSA-Const. Art. 14, § 15(0) (1). Appellant’s contention that the evidence does not uphold his dismissal for violating Rule 16 of the Department’s General Order Number 26 is without merit.

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Bluebook (online)
198 So. 2d 154, 1967 La. App. LEXIS 5399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speegle-v-state-department-of-institutions-lactapp-1967.