Woods v. City of Shreveport

914 So. 2d 635, 2005 WL 2757545
CourtLouisiana Court of Appeal
DecidedOctober 26, 2005
Docket40,393-CA, 40,394-CA
StatusPublished
Cited by2 cases

This text of 914 So. 2d 635 (Woods 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
Woods v. City of Shreveport, 914 So. 2d 635, 2005 WL 2757545 (La. Ct. App. 2005).

Opinion

914 So.2d 635 (2005)

Billy Raymond WOODS, Jr., Plaintiff-Appellant,
v.
CITY OF SHREVEPORT, Defendant-Appellee.
John Walter Ivory, Plaintiff-Appellant,
v.
City of Shreveport, Defendant-Appellee.

Nos. 40,393-CA, 40,394-CA.

Court of Appeal of Louisiana, Second Circuit.

October 26, 2005.

*636 Pamela R. Jones, Shreveport, for Appellants.

Edward F. Jones, Assistant City Attorney, for Appellee, City of Shreveport.

Billy Casey, Shreveport, for Appellee Municipal Fire and Police Civil Service Board for the City of Shreveport.

Before GASKINS, PEATROSS and LOLLEY, JJ.

GASKINS, J.

The plaintiffs in these consolidated appeals, Billy Raymond Woods, Jr., and John Walter Ivory, appeal a decision of the district court upholding a ruling by the Shreveport Municipal Fire and Police Civil Service Board (Board), suspending the plaintiffs for insubordination. For the following reasons, we affirm the district court decision.

*637 FACTS

Both plaintiffs are captains in the Shreveport Fire Department. Woods claimed that on several occasions he requested leave under the Family Medical Leave Act to care for his wife. He contended that his requests were unfairly denied. Ivory claimed that on one occasion, he was involved in a dispute about whether he was rude to a female co-worker during a telephone conversation. An internal investigation cleared him of wrongdoing. Ivory contended that Shreveport Fire Chief Kelvin Cochran ordered him to write a letter of apology anyway, under threat of further discipline.[1]

Woods and Ivory took their complaints to the Shreveport City Council (City Council) in June 2003, claiming violation of their civil rights, violation of the City of Shreveport's harassment policy, and creation of a hostile work environment. When Cochran was advised of this action, he ordered the two, in writing, to furnish him with detailed complaints, citing the law and policies they felt had been violated, in order that he could address the City Council's questions at its next meeting. Woods responded by letter, in part:

As the Chief of the Department, you should be fully aware of FMLS, First Amendment, and CSHP-Hostile Work Environment policies, laws and the violation of each. Your obligation to the City Council or the Mayor due to the allegations and complaints falls on your administration, not me.

He further declined to respond but was willing to appear in person at the council workshop meeting to support all allegations and complaints.

Ivory also responded by letter, refusing to comply with Cochran's order:

Chief, I am respectfully requesting to appear in person at the workshop on June 23, 2003, to answer any and all questions, allegations, and complaints about the Shreveport Fire Department policies, and furthermore, as to any violations of Civil Rights and the City's harassment policies.

The letter also directed the chief that any future communication be directed to his attorney.

Due to the failure of the plaintiffs to respond to the order for information regarding their complaints, Cochran charged them with insubordination. Ivory was also charged with fraud and deception, based on the contention that he was inaccurate in telling the City Council that he would be fired if he refused to write the letter of apology.[2]

On August 27, 2003, a predisciplinary conference was held. On August 30, 2003, Ivory was placed on a 60-day suspension by the fire department. Woods received a 45-day suspension. On October 6, 2003, the plaintiffs were informed that, pursuant to the new Shreveport Fire Department/Shreveport Police Department Corrective Action Scoring Procedure, their suspensions were reduced. Ivory's 60-day suspension was reduced to 30 days. Woods' suspension was reduced to 10 days.

Both Woods and Ivory appealed their suspensions to the Board. According to the plaintiffs, prior to the hearing by the *638 Board, they retained counsel and filed a federal suit against the City of Shreveport and Cochran, alleging retaliation for exercise of their rights under the First Amendment. The plaintiffs contend that, as settlement negotiations were conducted on the lawsuit, there was an understanding that the hearing on the appeal to the Board would be continued. The hearing by the Board on these matters was continued on two occasions. The plaintiffs claim that two days prior to their scheduled hearing date on July 14, 2004, the City informed them that it was no longer interested in settling the matter and wanted to proceed with the Board hearing.

On July 14, 2004, the plaintiffs requested another continuance which was denied. They represented themselves at the hearing, but argued that the refusal to continue the matter violated due process. They claimed that they were not able to subpoena their witnesses and present evidence at the hearing.

The Board found that both plaintiffs were insubordinate, but overturned the fraud and deception charge against Ivory. His suspension was reduced to 20 days. Woods' 10-day suspension was affirmed.

The plaintiffs appealed the finding of the Board to the district court, claiming that the failure to grant the continuance by the Board violated their right to due process because they were not able to subpoena their witnesses and present evidence at the hearing. The plaintiffs contended that, because all evidence pertaining to the suspensions was not presented, the Board's decision was in bad faith and without cause.

The district court held a hearing on the appeal on October 25, 2004. The court reviewed the transcripts of the denial of the continuance and of the Board's hearing. The parties also submitted briefs on the issues raised. The district court affirmed the Board. The court found that the requests for a continuance were properly denied and there were no violations of the plaintiffs' due process rights. According to the court, there was no agreement between the parties to continue the hearing while settlement negotiations were conducted. Rather, there was only an incorrect inference to that effect drawn by the plaintiffs. The court found that the plaintiffs had ample opportunity to prepare for the hearing and that they failed to do so. The court also noted that there was no showing that the plaintiffs were prejudiced by not calling witnesses. They made no offer of proof regarding the testimony that might have been adduced had the witnesses been subpoenaed.

The district court found that there was ample evidence to support the charges of insubordination against the plaintiffs. They were given a direct order to provide "specific incidents and facts regarding the allegations made to the Council" and they failed to comply with the order.

The plaintiffs have appealed the district court decision. They argue that the district court erred in finding that they had been insubordinate, and in finding that they had been disciplined in good faith and for cause. The plaintiffs also contend that they were denied due process when the Board denied their request for a continuance.

LEGAL PRINCIPLES

La. R.S. 33:2500 provides the circumstances under which classified civil servants, such as the plaintiffs, may be subject to disciplinary action by their appointing authority. That statute provides in pertinent part:

A. The tenure of persons who have been regularly and permanently inducted into positions of the classified service *639 shall be during good behavior.

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Cite This Page — Counsel Stack

Bluebook (online)
914 So. 2d 635, 2005 WL 2757545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-city-of-shreveport-lactapp-2005.