Honore v. Dep't of Pub. Works

• Decision Date: 29 October 2015
• Docket Number: No. 2014–CA–0986.,2014–CA–0986.
• Citation: 178 So.3d 1120
• Parties: Trenika HONORE' v. DEPARTMENT OF PUBLIC WORKS.
• Court: Court of Appeal of Louisiana — District of US

178 So.3d 1120

Trenika HONORE'

v.DEPARTMENT OF PUBLIC WORKS.

No. 2014–CA–0986.

Court of Appeal of Louisiana, Fourth Circuit.

Oct. 29, 2015.

Trenika Honore', New Orleans, LA, for Plaintiff/Appellant/In Proper Person.

Sharonda R. Williams, City Attorney, Elizabeth Robins, Assistant City Attorney, Shawn Lindsay, Assistant City Attorney, Cherrell R. Simms, Senior Chief Deputy City Attorney, New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge JAMES F. McKAY, III, Judge DANIEL L. DYSART, Judge SANDRA CABRINA JENKINS ).

SANDRA CABRINA JENKINS, Judge.

Trenika Honore appeals the Civil Service Commission's decision denying the appeal of her termination as a Parking Control Officer with permanent status by the Department of Public Works (the "Department"), the Appointing Authority. Upon review of the record, we affirm the Commission's finding that the Department established legal cause for taking disciplinary action. Under the circumstances of this case, however, termination is an excessive disciplinary action not commensurate with the complained-of infraction. Consequently, we find the Commission abused its discretion by upholding Honore's termination.

FACTUAL AND PROCEDURAL BACKGROUND

On October 17, 2012, the Department sent notification to Honore informing her she was being placed on emergency suspension for violating departmental policy and the Parking Division's Code of Conduct when she refused to follow a directive from her supervisor, Carl Bridgewater, on October 12, 2012. The notification stated that the incident on October 12, 2012, "along with [her] documented poor work history," is cause for "strong disciplinary action;"¹ and the Department may impose additional discipline pending a further investigation. The emergency suspension for one hundred twenty (120) calendar days was effective as of the date of the letter, October 17, 2012.

On December 12, 2012, the Department notified Honore of a pre-termination hearing to consider her dismissal for violations of Civil Service Rule IX, Section 1.1 and the Parking Division's Code of Conduct stemming from the October 12, 2012 incident. The Department conducted the pre-termination hearing on January 9, 2013, and by letter dated January 14, 2013, the Department notified Honore of her termination. Honore timely filed an appeal of her termination with the Commission.

The Commission appointed a hearing examiner to receive testimony and the hearing was held on March 21, 2013 and May 16, 2013. The hearing examiner received testimony from eight witnesses, including Honore, regarding the incident on October 12, 2012 and the events preceding the Department's termination of Honore. The testimony pertinent to this appeal is as follows.

Danielle Johnson testified that on October 12, 2012 she was a Parking Control Officer assigned to work the 3p.m. to 11p.m. shift with Honore. During their shift, Johnson felt sick and called their supervisor, Bridgewater, on the dispatch radio to tell him she was sick and ask to go home. When Johnson called Bridgewater, he told her to return to the main office to sign out and to give the keys to their department vehicle to Honore for her to bring the vehicle back to the auto pound. Johnson testified that she understood that to mean Bridgewater would meet Honore at the auto pound so they could work the balance of the shift together.

At this point, testimony regarding the October 12 incident diverges. Bridgewater testified that when he received the radio call from Johnson stating that she was sick, he approved her request to leave early; and he instructed Johnson to park the department truck in front of the office where he would pick up Honore to work the rest of the shift with her. Bridgewater stated that the Department requires parking control officers to work in groups of two during evening shifts for safety reasons. When Bridgewater arrived at the office he saw Johnson but Honore was not there with the truck. Bridgewater tried to call Honore twice on the dispatch radio, but she did not answer. He then successfully contacted Honore on the "chirp" (a walkie-talkie function of certain cell phones). When he asked where she was, Honore responded that she did not want to work with him. At that point, he told her to meet him at the auto pound.

Bridgewater testified that he arrived at the auto pound and Honore parked her department vehicle and got into the van with him. She told him again she did not want to work with him and wanted to go home. Bridgewater testified that he began driving them to the office to fill out a statement on Honore's refusal to work. Honore asked if he was bringing her to her car and he told her he was bringing her to the office first to fill out paperwork. Then while the van was stopped at a traffic light at the corner of Claiborne and Poydras, Honore got out of the van and starting walking to where her personal vehicle was parked. Bridgewater proceeded to drive to the office and waited outside for Honore to arrive before going inside to write out his statement. Bridgewater's statement, introduced at the hearing, is consistent with his testimony regarding the incident. His statement noted Honore's failure to meet him at the office, failure to communicate with him on the radio, and her refusal to work the rest of her shift with him. His statement concluded with a recommendation that Honore be suspended for her actions of that evening.

Bridgewater testified that Honore never requested to go home sick that evening and he did not know her reason for refusing to work with him. He also testified that Honore did not report any injury to him, that he did not see Honore injured in any way while exiting the van, and she did not appear injured when she arrived at the office. Bridgewater next saw Honore at the meeting with department officials on October 16, 2012, at which time he learned of her claim that she had been injured while getting out of his van.

By Honore's account of events, she did not refuse to work the rest of her shift with Bridgewater and she followed the usual department protocols. She testified that after Johnson requested to leave her shift early but prior to meeting Bridgewater at the auto pound she contacted him on the "chirp" and told him she also was sick and wanted to go home. According to Honore, Bridgewater only instructed her to meet him at the auto pound, which she did, and he brought her to her personal vehicle before going to the office to sign out, as was customary. Then, as she was exiting the van, Bridgewater told her to get back in and started to drive while she had one foot out of the van. Honore claims that Bridgewater drove about 5 feet before stopping and allowing her to completely get out of the van, causing injury to her foot and ankle. She then got into her own vehicle and drove to the office to fill out a statement about the incident. In her written statement, Honore reported that Bridgewater "almost dragged me along with him and it was done on purpose because he did not want to bring me to my vehicle."

Honore testified that she asked Bridgewater to bring her to the hospital because her ankle was hurting; but he refused. After she completed her written statement at the office, she went to Tulane Medical Center to have her ankle checked out. Honore introduced a discharge summary and after care instructions from Tulane Medical Center, dated October 12, 2012, referencing an ankle sprain injury. When asked whether she reported her injury to any of her supervisors in the chain of command other than Bridgewater, Honore testified that she reported it to her immediate supervisor, Bridgewater, when it occurred and then reported it again when she returned to work and met with department officials on October 16, 2012.

Zepporiah Edmonds, the Parking Administrator for the Department, testified regarding the meeting on October 16, 2012 and the subsequent disciplinary action taken against Honore. On October 16, 2012, Edmonds and Jerry Conner, the Parking Section Manager, held a meeting with Honore and Bridgewater to take further statements from each of them, and from Danielle Johnson, regarding the incident reported on October 12, 2012. Edmonds testified that Honore admitted to operating her personal vehicle while on duty, which violates departmental policy; but Honore denied refusing any directive from Bridgewater. Based on the statements of each individual involved and the investigation into Honore's alleged injury,² Edmonds concluded that Honore had violated departmental policies by failing to respond to a radio call, failing to follow a directive, and being insubordinate to her supervisor. Edmonds testified that Honore's actions and violations of departmental policy during the incident on October 12, 2012 served as the cause for her emergency suspension. Edmonds approved the letter, dated October 17, 2012, notifying Honore of her emergency suspension. Edmonds was on medical leave on December 12, 2012, when the Department sent the notification of pre-termination hearing, and on January 9, 2013, the date of the pre-termination hearing. Edmonds was informed about the pre-termination proceeding and Honore's termination by Jerry Conner. According to Edmonds, the termination of Honore, by letter dated January 14, 2013, was a final disciplinary action taken by the Department for Honore's actions and violations during the October 12, 2012 incident.

Jerry Conner testified regarding the Department's chain of command and departmental policies and regarding the meeting with Honore and Bridgewater on October 16, 2012. Conner testified that department policy requires Parking Control Officers to work in pairs during the evening shift of 3p.m. to 11p.m.; and, if one of those officers leaves before the end of the shift, the remaining officer will be teamed up with another officer or the supervisor. Department policy also requires that Parking Control Officers follow all job-related directives from their supervisor.

With...