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City of Westwego v. McKee
Citation: 448 So. 2d 166Docket: 83-CA-630
Court: Louisiana Court of Appeal; March 12, 1984; Louisiana; State Appellate Court
The case involves an appeal by the Westwego Municipal Fire and Police Civil Service Board regarding the termination of Police Officer Gary McKee by the City of Westwego. McKee was dismissed after an incident on July 13, 1982, where he allegedly accepted a $65 cash payment from driver Suzanne Dubois without issuing a receipt or citation. Following Dubois' complaint, an investigation revealed cash in McKee's vehicle matching the payment amount. While Dubois and her passenger, Agnes Palermo, consented to polygraph tests and passed, McKee refused. The City terminated McKee on July 27, 1982. McKee challenged his dismissal, and a hearing was held by the Civil Service Board, which found that the evidence did not establish guilt and ruled for McKee's reinstatement with back pay. The City of Westwego appealed this decision to the District Court, which reversed the Board's ruling. The court determined that the Board's finding of "perhaps acting in good faith" by the City did not legally justify the reinstatement, as it lacked a definitive finding of absence of good faith. The court determined that the Westwego Municipal Fire and Police Civil Service Board's decision to reverse the appointing authority's dismissal of Officer McKee was invalid due to the absence of a finding of bad faith in the dismissal. Citing precedent from City of Kenner v. Wool and City of Houma v. Houma Fire and Police Civil Service Board, the court emphasized that without evidence of bad faith, the Board lacked the authority to modify or overturn the appointing authority's actions. The Board appealed the District Court's judgment, arguing that the finding of the appointing authority acting in good faith but without just cause should permit reinstatement. However, the District Court correctly concluded that the Board could not act without a showing of bad faith. The relevant statute, LSA-R.S. 33:2561, outlines that the appointing authority's actions must be both in good faith and for cause; the Board's authority is limited to affirming or reversing these actions based on this standard. The statute was interpreted to mean that a dismissal for cause requires a demonstration that it was necessary for the efficiency of the police service. Actions deemed arbitrary, capricious, or motivated by prejudice cannot be considered valid dismissals for cause. The Board found that the City acted in good faith but failed to establish just cause, leading to the conclusion that the dismissal was not valid. The dismissal of Officer McKee was determined to be justified, with the Board's reversal deemed improper. Evidence indicated that Officer McKee violated multiple police department rules and LSA-R.S. 33:2560 on the relevant date. Testimony from Chief John Warden outlined the correct procedure for issuing traffic tickets, specifically noting that individuals without a driver's license should be taken to City Hall, not allowed to drive their vehicles, and that officers have discretion to allow bond posting only after issuing a ticket and providing a receipt for any money collected. In this case, Officer McKee failed to issue a ticket or a receipt and did not turn over collected money to the city. Such conduct undermines the orderly administration of the police department and harms its community image. The appellate review of factual findings in civil service cases aligns with trial court standards, and no errors were found in the trial court's conclusions. Consequently, Officer McKee's dismissal was affirmed as made in good faith and for cause. The judgment was upheld.