 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
McGehee v. City/Parish of East Baton Rouge9/28/2001
This is an appeal by a police officer from a disciplinary action. We affirm.
FACTS AND PROCEDURAL HISTORY
Robert D. McGehee was a sergeant with the City of Baton Rouge Police Department ("BRPD") at the time of the pertinent events. On August 21, 1998, BRPD Chief Greg Phares directed an interdepartmental memorandum to Sergeant McGehee, advising him that because of his unprofessional conduct toward Corporal Pamela Anderson, which could be characterized as sexual harassment, official disciplinary action was being considered. Sergeant McGehee was notified of a pre-disciplinary hearing to be held in Chief Phares' office on September 3, 1998. On October 27, 1998, Chief Phares notified Sergeant McGehee of his decision to suspend him for three days, finding Corporal Anderson's account of the allegedly sexually offensive joke as credible, and rejecting Sergeant McGehee's innocuous version.
Plaintiff appealed his suspension to the Municipal Fire and Police Civil Service Board ("Board"). After a hearing, the Board rendered a decision reducing plaintiff's suspension to one day. Thereafter, on August 13, 1999, plaintiff filed a suit for judicial review of the Board's decision in the district court. On March 8, 2000, the district court signed a judgment upholding the decision of the Board. From that judgment, plaintiff appeals and assigns the following errors:
1. The Municipal Fire and Police Civil Service Board erred in excluding certain evidence which was made the subject of a proffer by Robert D. McGehee at the hearing.
2. The Municipal Fire and Police Civil Service Board erred in upholding the disciplinary action taken against Robert D. McGehee by Chief Greg Phares.
3. The Municipal Fire and Police Civil Service Board erred in affirming the action of the appointing authority because the evidence was not conclusive and the action was not taken in good faith for cause.
4. The District Court erred in affirming the decision of the Municipal Fire and Police Civil Service Board.
APPELLATE JURISDICTION
It is the duty of the court to examine subject matter jurisdiction sua sponte, even when the issue is not raised by the litigants. Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Board, 99-0863, p. 3 (La. App. 1st Cir. 12/20/00), 774 So.2d 1193, 1197 (on rehearing), writ granted, 2001-0185 (La. 6/1/01), ___ So.2d ___.
Although LSA-R.S. 33:2501(E) gives a classified employee a right to an appeal from a disciplinary action to the appropriate district court, there is no provision in the Municipal Fire and Police Civil Service Law, LSA-R.S. 33:2471 et seq., that allows a second appeal from the district court's judgment to the court of appeal. Where there is no constitutional or statutory right to an appeal from an appellate review by the district court, only supervisory review in this court is available to the litigant. See Lightfoot v. Stalder, 00-1120, p. 6 (La. App. 1st Cir. 6/22/01), ___ So.2d ___, ___.
LSA-Const. Art. V, Section 10(A) gives an appellate court jurisdiction over all civil matters. Thus, we must determine whether the action at issue qualifies as a "civil matter" as defined by the Louisiana Supreme Court in In the Matter of American Waste, 588 So.2d 367 (La. 1991), and Moore v. Roemer, 567 So.2d 75 (La. 1990). In American Waste and Moore v. Roemer, the supreme court indicated that "civil matters" are those that have been traditionally adjudicated in the district courts, such as the adjudication of disputes between private parties resulting in money judgments affecting only those parties. "Civil matters" are those where private citizens have historically ha
Page 1 2 3 4 5 Louisiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|