Leggett v. Northwestern State College

• Decision Date: 26 March 1962
• Docket Number: No. 45874,45874
• Citation: Leggett v. Northwestern State College, 242 La. 927, 140 So.2d 5 (La. 1962)
• Parties: Joseph W. LEGGETT v. NORTHWESTERN STATE COLLEGE.
• Court: Louisiana Supreme Court

Page 5

140 So.2d 5

242 La. 927

Joseph W. LEGGETT v. NORTHWESTERN STATE COLLEGE.

No. 45874.

Supreme Court of Louisiana.

March 26, 1962.

Rehearing Denied April 30, 1962.

Jack P. F. Gremillion, Atty. Gen., Joseph H. Kavanaugh, Sp. Counsel to the Atty. Gen., for defendant-petitioner.

Cunningham & Cunningham, Natchitoches, for respondent-appellant.

HAWTHORNE, Justice.

Joseph W. Leggett, employed as a night watchman at Northwestern State College of Louisiana, in which position he was in the state classified service with civil service status, was dismissed from this position by the appointing authority effective March 29, 1958, for cause expressed in writing thus:

'Mr. Joseph W. Leggett

'313 North Street

'Natchitoches, Louisiana

'Dear Mr. Leggett:

'* * * this is notice of your dismissal from the position of Watchman effective on March 29, 1958.

'During the period of your suspension we made careful investigation and evaluation of your involvements at the Horn Street place of business. ¹ We cannot afford to continue you in your Campus Security position in view of the fact that your involvements on Horn Street, in one or more of the ways listed below, have brought such discredit to you and to your character that your usefulness to us as a police officer has been destroyed.

'1. In December of 1956 a colored female alleged that a colored male tried to rape her in the back room of your place of business. The colored male told the City Police that he had paid you for the use of the room. This colored female also made a statement in the presence of City Police Officers that you had propositioned her to go to the back room with you. At the time of the investigation, the City Police asked you to remove the bed from the building, and you agreed to remove it.

'2. On December 9, 1956, your supervisor, Mr. James K. Lee, gave you a written warning pertaining to the complaint concerning the alleged operation of a house for the purpose of prostitution.

'3. A report was made to the City Police that you had made a picture of a white girl in the nude. Some of these pictures were distributed in the City. At the time of the report, the City Police again checked your place of business and found that the bed had not been removed. The City Police again advised you to remove the bed.

'4. On December 28, 1957, you were charged in the City Court with the operation of a disorderly house. According to the arresting officers, Mr. George H. Posey and Mr. Kenneth C. Maggio, they found Willie White, colored male, and Ellen Hardy, colored female, in the back room of your place. These two negroes admitted to the two officers and to Mr. Boyd B. Durr, Chief of Police, that each of them had paid you 50$ for the use of the room. Further, on the date of your arrest, December 28, 1957, the officers found that the bed was still in the back room of your place.

'5. Your trial in the City Court was delayed on three occasions. First, because of the illness of your brother; second, because of the failure of your attorney to appear in court; and, third, because of the objection raised by your attorney that no City Ordinance was violated because there was none that defined the operation of a disorderly house. Witnesses in the case testified in City Court on February 24. The testimony of Vernon McClinton and Willie White was to the effect that they had paid you sums of money for the use of your back room. Ellen Hardy testified that she was in such an intoxicated condition that she could not remember the details of the occurrence.

'The above pleadings, separately or as a group, reflect on your morality in such a way that we cannot afford to use your services as a police officer having surveillance over the conduct of your college men and women and visitors to the College Campus. You have been fully aware of the fact that, as a police officer for the College, you come in frequent contact with men and women students and that you are called upon to exercise judgment and discretion in dealing with student disciplinary and other problems. The types of complaints as outlined above, together with the reputation you have attained through publicity of these charges, compelled us to conclude that College officials, students, and others affected cannot have reasonable confidence in your performance as a college police officer.

'Yours very truly,

's/d George T. Walker

'George T. Walker

'Dean of Administration'

From this dismissal the employee appealed to the state Civil Service Commission, and that body after a hearing maintained Leggett's dismissal effective March 29, 1958, and dismissed his appeal. In due course an appeal was lodged in the Court of Appeal, First Circuit. That court reversed, annulled, and set aside the ruling of the commission and ordered that Leggett be reinstated to his former position as night watchman with back pay from March 28, 1958. 132 So.2d 715. The appointing authority applied for and was granted a writ of certiorari by this court.

The commission's formal findings of fact are set forth in its opinion as follows:

'FINDINGS OF FACT

'In addition to his position at Northwestern State College, appellant and his wife operated a business establishment in the City of Natchitoches. Ostensibly the place was a studio for photography, but it additionally offered facility for dancing by music from a 'juke box.' The customers were predominantly Negroes. Towards the rear of the premises was a small room containing a cot with mattress.

'During December of 1956, the Chief of City Police requested appellant to remove the cot from his business establishment. Appellant's immediate Supervisor at the College also discussed the matter with him and suggested that he remove the cot, as there had been complaints that the place had been used for immoral purposes. Appellant agreed to cooperate, but failed to remove the cot. After a second warning from the police he removed the mattress from the cot.

'In December of 1957, appellant was charged in the City Court of Natchitoches with operating a disorderly house after an unmarried girl and married man, both Negroes, were discovered in the back room. The man testified that he had paid appellant 50$ for the use of the room, solely to have a private conversation with the girl.

'Appellant was brought to trial in the City Court and was acquitted after the judge caused an examination of the premises to be made and received a report that the cot had been removed from the premises.

'The evidence before this Commission establishes beyond doubt the disreputable character of appellant's place of business.

'Appellant's duties as a campus watchman, working from 10:00 p.m. to 6:00 a.m., require him to counsel with student-couples who may be found together on the campus in the late hours; and to take them to the proper Deans in the event of any untoward occurrence. He is required to exercise discretion in his relations with students, and others who may be on the campus during his hours of duty. Although he has no direct disciplinary authority, his duties require that he have the respect of students and others whose conduct comes under his surveillance.'

In affirming the dismissal of the employee the Civil Service Commission said in conclusion:

'The legal question to be determined by this Commission is whether or not the facts, as established before it, and relevant to the cause asserted in the letter of discharge, disclose that appellant's conduct has been such that it would be detrimental to the efficiency of the service to continue him in his classified position.

'This Commission is in agreement with the employing authority that one operating a business of such questionable character as disclosed by appellant's own testimony is unfit to hold a position requiring surveillance over the conduct of students and others on a college campus. (Cf. Broussard v. State Industrial School, 231 La. 24, 90 So.2d 73.)'

The Court of Appeal in reversing the commission concluded that the commission's finding that Leggett was operating a business of disreputable character was not responsive to the charge made by the authority in dismissing him, the charge being confined to the fact that complaints of the operation by him of a business of disreputable character and the publicity attendant thereto were sufficient cause to justify his discharge. 132 So.2d 715. The court further concluded:

'The conduct for which the appellant is dismissed in this instance was on the sole basis of complaints and publicity of such complaints that appellant was operating a disorderly house. There was not one scintilla of evidence disclosing the accusation to be true. The only basis for the charge are rumors, speculations, doubts, which have not, in our opinion, been shown to reflect on appellant's duties at the College.'

We are in full accord with the Court of Appeal that complaints and publicity of such complaints, and, we might add, gossip or rumors of improper conduct, are not of themselves legal cause for the discharge of an employee in the civil service. When it is established, however, that these complaints are based on facts which are found to be true by the commission, then it is the duty of the commission to determine whether there is a real and substantial relation between the conduct of the employee and the efficient operation of the public service; and if the commission determines that there is, then there is legal cause for disciplinary action.

The written causes for dismissal in the instant case recite in detail five incidents which the appointing authority considered to be of such a nature as to bring Leggett into disrepute and to destroy his usefulness to the college as a police officer. The commission found that some if not all of the incidents alleged as causes for dismissal were true, and concluded under this finding that 'the evidence before this Commission establishes beyond doubt the...