Townsend v. City of Leesville

158 So. 3d 263, 14 La.App. 3 Cir. 923, 2015 La. App. LEXIS 178, 2015 WL 445846
CourtLouisiana Court of Appeal
DecidedFebruary 4, 2015
DocketNo. 14-923
StatusPublished
Cited by4 cases

This text of 158 So. 3d 263 (Townsend v. City of Leesville) 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
Townsend v. City of Leesville, 158 So. 3d 263, 14 La.App. 3 Cir. 923, 2015 La. App. LEXIS 178, 2015 WL 445846 (La. Ct. App. 2015).

Opinion

KEATY, Judge.

| plaintiff, Colleen Townsend, appeals the trial court’s judgment in favor of Defendant, City of Leesville. For the following reasons, the trial court’s judgment is reversed.

FACTS AND PROCEDURAL HISTORY

Townsend, a police officer employed by the Leesville Police Department for eleven years, was terminated from employment on February 11, 2018, for misconduct. This misconduct arose from an incident when Townsend attempted to execute a search warrant. Specifically, Townsend called Judge John Ford at his residence at approximately 2:00 a.m. on November 30, 2012, to obtain his signature on a search warrant. Judge Ford told her to proceed to his house which was located at 1461 Ford’s Dairy Road. Instead, Townsend mistakenly went, to a home located at 1367 Ford’s Dairy Road which belonged to Judge Ford’s daughter and son-in-law, Sarah and Milton Belsha. When she arrived at the Belshas’ home, Townsend knocked on the carport door. After receiving no response, she contacted Judge Ford by telephone, and he advised her that a light was on inside of his residence and instructed her to walk into his residence. Townsend proceeded to the back of the Belshas’ house where she opened a door and pointed her flashlight within. Mrs. Belsha heard a noise and awakened Mr. Belsha who ran towards the door. When he reached the door, which was partially open, he allegedly kicked it closed. Town[266]*266send, who was standing outside behind the closed door, identified herself to Mr. Bel-sha as a police officer. Mr. Belsha subsequently opened the door and told her that she was at the wrong address. Thereafter, Townsend proceeded to the correct address and obtained Judge Ford’s signature. Upon leaving the Belshas’ residence, Townsend radioed the police dispatcher, Elizabeth Chapman, and asked her to note her mistake as it might become an issue in the future.' Although she thinks she may have mentioned this incident to her shift advisor at the end of her shift, Townsend did not report this incident to anyone else.

The next day, Judge Ford learned about this incident from his wife who learned about it from their daughter, Mrs. Belsha. A few days later, he subsequently discussed the situation with Jack Simms, Jr., the Leesville City Attorney. Simms then told Gregory Hill, the Leesville Chief of Police, who conducted an internal affairs investigation on December 12, 2012. This investigation revealed that Townsend violated police departmental policies regarding a shift commander’s duties, personal conduct, and behavior. Townsend was subsequently terminated from employment by the appointing authority and City Administrator, Courtney Christensen. After Townsend appealed her termination to the Leesville Municipal Fire & Police Civil Service Board (the Board) and following a hearing occurring on April 19, 2013, the Board upheld the actions of the appointing authority by a three to two vote.

Townsend appealed the Board’s decision to the trial court. After an October 24, 2013 hearing, the trial court found that the Board acted in good faith and had just cause to terminate Townsend. It is from this ruling that Townsend has appealed, contending that the trial court erred in finding that the Board acted in good faith and had just cause when it terminated her from employment.

LAW AND STANDARD OF REVIEW

Louisiana Revised Statutes 33:2501 provides the procedure for appeals by civil service employees. The standard of review for appealing the Board’s decision to the trial court is as follows:

li>This hearing shall be confined to the determination of whether the decision made by the board was made in good faith for cause under the provisions of this Part. No appeal to the court shall be taken except upon these grounds and except as provided in Subsection D of this Section.

La.R.S. 33:2501(E)(3). Good faith fails to occur when the appointing authority acts arbitrarily or capriciously or results from prejudice or political expediency. Martin v. City of St. Martinville, 321 So.2d 532 (La.App. 3 Cir.1975), writ denied, 325 So.2d 273 (La.1976). Arbitrary or capricious behavior occurs when there is a lack of a rational basis for the action taken. Shields v. City of Shreveport, 579 So.2d 961 (La.1991).

“Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.” Leggett v. Nw. State Coll., 242 La. 927, 140 So.2d 5, 9 (1962). A real and substantial relationship must be maintained “between the conduct of the employee and the efficient operation of the public service; otherwise legal cause” fails to exist and “any disciplinary action by the commission is arbitrary and capricious.” Id. at 10. The action taken by the appointing authority “must be set aside if it was not taken ‘for cause,’ even though it may have been taken in good faith.” Martin, 321 So.2d at 535.

[267]*267“The [a]ppointing [a]uthority has the burden of proving by a preponderance of the evidence the occurrence of the complained of activity and that the conduct complained of impaired the efficiency of the public service.” Fernandez v. New Orleans Fire Dep’t, 01-436, p. 4 (La.App. 4 Cir. 2/6/02), 809 So.2d 1163, 1165. A classified employee has a property right in his employment which he cannot be deprived of without legal cause and due process. Moore v. Ware, 01-3341 (La.2/25/03), 839 So.2d 940. The trial court accords deference to a civil service I]¿board's factual conclusions which should not be overturned unless they are manifestly erroneous. Shields, 579 So.2d 961. Likewise, the intermediate appellate court and our review of a civil service board’s factual findings are limited. Id. Those findings, which are entitled to the same weight as the trial court’s factual findings, cannot be overturned in the absence of manifest error. Id.

DISCUSSION

I. Duties, Conduct, and Behavior

In her only assignment of error, Townsend contends that the trial court erred in finding that the Board acted in good faith and had just cause when it terminated her from employment.

The transcript of the Board’s hearing shows that Townsend was terminated for violating the police department’s rules regarding a shift commander’s duty, which is contained in the investigative report and provides that:

It shall be incumbent upon any [s]hift [supervisor, who becomes aware of any violation in this Departmental manual, ... to take the appropriate action deemed necessary for the severity and or validity of the violation. Appropriate actions may mean verbal conference with the affected employee or official action against the affected employee. Official action will include a [sjhift [supervisor conducting an initial collection of information from the affected [o]ffi-cer(s) by means of tape recording the entire meeting with the affected [o]fficer and completing a [s]upervisor’s incident report-The [supervisor’s incident [r]eport, ... shall be forwarded to the Internal Affairs Division.

The transcript further shows that Townsend was terminated for violating the personal conduct and behavior policy which provides that “[e]very member of the Leesville Police Department, ... will behave in a manner as not to bring discredit to themselves or the Leesville Police Department.”

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Bluebook (online)
158 So. 3d 263, 14 La.App. 3 Cir. 923, 2015 La. App. LEXIS 178, 2015 WL 445846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-city-of-leesville-lactapp-2015.