Williams v. Orleans Levee Dist.

• Decision Date: 28 March 2001
• Docket Number: No. 2000 CA 0297.,2000 CA 0297.
• Citation: 784 So.2d 657
• Parties: Ulysses WILLIAMS v. ORLEANS LEVEE DISTRICT, BOARD OF COMMISSIONERS.
• Court: Court of Appeal of Louisiana — District of US

784 So.2d 657

Ulysses WILLIAMS v. ORLEANS LEVEE DISTRICT, BOARD OF COMMISSIONERS.

No. 2000 CA 0297.

Court of Appeal of Louisiana, First Circuit.

March 28, 2001.

Rehearing Denied May 14, 2001.

W. Patrick Klotz, New Orleans, for Plaintiff Appellee/Cross-Appellant Ulysses Williams.

Alan Dean Weinberger, New Orleans, for Defendant Appellant/Cross-Appellee Board of Commissioners of the Orleans Levee District.

Before: GONZALES, FOGG, and PETTIGREW, JJ.

FOGG, J.

In this civil service case, the Board of Commissioners of the Orleans Levee District (the "Board") appeals a judgment of the Civil Service Commission, modifying the disciplinary action taken against an employee from the termination of his employment to a 30-day suspension. The employee also appeals, seeking a reduction of the 30-day suspension. For the following reasons, we reverse the decision of the Civil Service Commission and reinstate the termination of employment.

The facts in this case are undisputed. On Saturday, February 15, 1997, Ulysses Williams, an employee of the Board serving as an Administrative Manager 5 with permanent status, arrived at the Board's offices which were located at the Administrative Building of the New Orleans Lake-front Airport. Upon arriving in the lobby of the building, Mr. Williams was informed by Officer James Berndt of the Orleans Levee Board Police Department, that, by order of the President of the Board, he was not allowed to enter the upstairs offices of the Board.

Mr. Williams immediately contacted his attorney, and his attorney contacted the media. Approximately thirty minutes later, Mr. Williams' attorney arrived, as did numerous members of the television media. Members of the media approached Officer Berndt, inquiring as to "where the arrest would take place." Officer Berndt immediately contacted James Huey, the President of the Board and the appointing authority for the Orleans Levee District, who was in his upstairs office.

Shortly thereafter, President Huey came down the stairs. A conversation ensued between Mr. Williams, his attorney, and President Huey. During that conversation, Mr. Williams and his attorney demanded an explanation from the president as to the legal basis of his order restricting admission to the Board's offices. The exchange occurred as television news cameras from several local television stations filmed the events.

The following Monday, Mr. Williams was suspended. On March 11, 1997, he received a letter advising him that the Board proposed to dismiss him from his employment. He was terminated from his employment on April 3, 1997. Mr. Williams appealed the termination to the Civil Service Commission.

After hearing the matter, a referee for the Civil Service Commission found that Mr. Williams' demeanor "on February 15, 1997 gave the impression that [he] was questioning the authority of the President of the Board of Commissioners for the Orleans Levee District." The referee concluded that Mr. Williams was rude and acted disrespectfully towards President Huey, and that this behavior constituted cause justifying disciplinary action. However, the referee held that the appropriate punishment in this matter was a 30-day suspension rather than termination. The referee ordered Mr. Williams reinstated as of the date of termination with back pay and legal interest. The referee also awarded Mr. Williams $1,500.00 in attorney's fees. Each party filed an application for review to the Civil Service Commission; both were denied. This appeal followed. On appeal, the Board seeks reinstatement of Mr. Williams' termination, while Mr. Williams seeks reduction of the disciplinary action taken by the referee.

A permanent classified civil service employee cannot be disciplined without cause. LSA-Const. art. 10, § 8. Cause exists when the employee's conduct is detrimental to the efficient and orderly operation of the public service that employed him. Greenleaf v. DHH, Metro. Dev. Ctr., 594 So.2d 418 (La.App. 1 Cir.1991), writ denied, 596 So.2d 196 (La.1992); Claverie v. L.S.U. Med. Ctr. in New Orleans, 553 So.2d 482 (La.App. 1 Cir.1989). The appointing authority has the obligation to prove the impairment. Saacks v. City of New Orleans, 95-2074 (La.App. 4 Cir. 11/27/96), 687 So.2d 432, writ denied, 97-0794 (La.5/9/97), 693 So.2d 769, cert. denied, 522 U.S. 914, 118 S.Ct. 298, 139 L.Ed.2d 230 (1997).

Pursuant to Article 10, § 12(A) of the Louisiana Constitution, the Civil Service Commission has the exclusive power and authority to hear and decide all removal and disciplinary cases; it may appoint a referee to hear and decide such cases. The decision of a referee is subject to review by the Civil Service Commission on any question of law or fact upon the filing of a timely application for review with the Civil Service Commission. LSA-Const. art. 10, § 12(A).

The final decision of the Civil Service Commission is subject to review by the court of appeal on any question of law or fact. LSA-Const. art. 10, § 12(A). A reviewing court should not disturb the factual findings made by the Civil Service Commission in the absence of manifest error. Walters v. Dep't of Police of City of New Orleans, 454 So.2d 106 (La.1984); Greenleaf v. DHH, Metro. Dev. Ctr., 594 So.2d at 427. Furthermore, an appellate court should not reverse the Civil Service Commission's determination of the existence of cause for a disciplinary action unless the decision is arbitrary, capricious, or an abuse of discretion. Walters v. Dep't of...