Trahan v. CITY OF JENNINGS, ETC.

411 So. 2d 1242
CourtLouisiana Court of Appeal
DecidedMarch 10, 1982
Docket8694
StatusPublished
Cited by5 cases

This text of 411 So. 2d 1242 (Trahan v. CITY OF JENNINGS, ETC.) 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
Trahan v. CITY OF JENNINGS, ETC., 411 So. 2d 1242 (La. Ct. App. 1982).

Opinion

411 So.2d 1242 (1982)

Irvin TRAHAN, Plaintiff-Appellant,
v.
CITY OF JENNINGS MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD, Defendant-Appellee.

No. 8694.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1982.

*1243 Charles L. Bull, Jr., Welsh, for plaintiff-appellant.

F. Jefferson Millican, Jennings, for defendant-appellee.

Before CULPEPPER, GUIDRY and STOKER, JJ.

GUIDRY, Judge.

Sergeant Irvin Trahan was dismissed from the Jennings, Louisiana Police Department on June 13, 1980. Trahan appealed his dismissal to the City of Jennings Municipal Fire and Police Civil Service Board (hereafter the Board). The Board conducted a hearing and sustained Trahan's dismissal. Thereafter, Trahan timely appealed the Board's action to the 31st Judicial District Court. The district court affirmed concluding that the decision of the Board was made in good faith and for cause pursuant to the provisions of LSA-R.S. 33:2561.[1] Trahan now appeals the decision of the district court.

*1244 LSA-R.S. 33:2531-2568 set forth the fire and police civil service laws for small municipalities.[2] Pursuant to LSA-R.S. 33:2561, Trahan was furnished with written notification of his termination and the reasons therefor. In the aforesaid statement, Trahan was informed that he was being terminated from the police department for violation of several departmental rules, regulations, and policies as well as for violation of certain provisions of the Civil Service Act. The violations allegedly committed by Trahan are as follows:

310.52. Conduct towards superior and subordinate officers and associates. Members and employees shall treat superior officers and associates with respect. They shall be courteous and civil at all times in their relationships with one another when on duty, and particularly, in the presence of the other members and employees or the public. Officers shall be referred to by rank.

310.28. Insubordination. Failure or deliberate refusal of any member or employee to obey a lawful order or criticize instructions or orders being given by a superior officer shall be insubordination.

310.40. Performance of duty. All members and employees shall perform their duties as required or directed by law, department rule, policy, or order or by order from the superior officer. All lawful duties required by competent authority shall be performed promptly as directed notwithstanding the general assignments of duties and responsibilities.

275.10. Leadership. Supervisors must provide leadership for subordinates and this implies the assumption, the initiative when necessary, in setting a proper example in leading the way in carrying out an action or responsibility. Provisions of leadership shall include on-the-job training as needed for efficient operation and coordination of effort when more than one member or employee is involved.

General Order 7101. Interviews prohibited. No member of the department will give out interviews, make statements for publication, or make speeches on department policy or business without permission from proper authorities.

In addition, Sgt. Trahan was charged with violating the Civil Service Act 282 § 2560(d) & (e) (LSA-R.S. 33:2560 A(4) & A(5)) which read respectively:

"§ 2560. Corrective and disciplinary action for maintaining standards of service
A. The tenure of persons who have been regularly and permanently inducted into positions of the classified service shall be during good behavior. However, the appointing authority may remove any *1245 employee from the service or take such disciplinary action as the circumstances warrant in the manner provided below, for any one of the following reasons:
....
4. Insubordination.
5. Conduct of a discourteous or wantonly offensive nature toward the public or toward any municipal officer or employee, and any dishonest, disgraceful or immoral conduct...."

The incident which gave rise to Trahan's termination occurred on May 30, 1980. On that date, Trahan allegedly stormed into police headquarters visibly upset. He confronted Assistant Chief of Police, Merrion S. Taylor and began yelling and screaming about the contents of an article printed in the local daily newspaper.[3] The substance of Trahan's complaint centered upon a report in the newspaper indicating that an investigation by the police department into a rash of thefts occurring in the town had not revealed any involvement of members of the police force. Trahan had been assigned to the aforesaid investigation and his investigative efforts had revealed that a member of the police department was involved in the series of thefts. Trahan was particularly upset because a suspect whom he had previously questioned had been re-questioned at some later time without anyone notifying Trahan or requesting his presence at the second interview. Taylor stated that Trahan, within earshot of police officers and other persons in the building, accused him of interfering with his investigation and of covering up for an officer in the department. Thereafter, Trahan departed the office, whereupon he confronted the Mayor of Jennings, Alan Garman. Mayor Garman testified that Trahan was in an enraged state when he met him in the hall of the building. Garman stated that he ushered Trahan into his office to avoid a confrontation before the other persons in the building. Again, Trahan loudly complained that someone was interfering with his investigation. At that time, Mayor Garman specifically ordered Trahan not to speak with the newspapers regarding his complaints since the matter was strictly an internal police department matter. Thereafter, Trahan departed the Mayor's office after which he made a statement to the press regarding his complaints which was later published.

The issues on appeal are:

(1) Did the Board commit reversible error by failing to timely provide a certified copy of the transcript of plaintiff's civil service hearing to the district court?

(2) Did the police department manual of rules and regulations contain conflicting orders, and if so, did such conflicting orders violate plaintiff's due process rights?

(3) Did plaintiff's conduct in disobeying a direct order issued by the Mayor of Jennings constitute insubordination under the provisions of LSA-R.S. 33:2560 and police department regulation 310.28?

(4) Was plaintiff's dismissal from the Jennings Police Department made in good faith and for cause as required by LSA-R.S. 33:2561?

On appeal, plaintiff first contends that the decision of the Board sustaining his dismissal from the Jennings Police Department should be reversed due to the Board's failure to timely provide the district court with a certified copy of the transcript of plaintiff's hearing as required by the provisions of LSA-R.S. 33:2561, supra. The aforesaid statute provides that any employee and/or any appointing authority may appeal from any decision of the board or from any action taken by the board which is prejudicial to the employee or the board. Such appeal is perfected "...

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