Regis v. Department of Police
Regis v. Department of Police
Opinion of the Court
| Writ granted. The judgment of the Court of Appeal is reversed and the Civil Service Commission’s ruling is reinstated.
The New Orleans Police Department (“NOPD”) issued a letter of reprimand to Sgt. Irma Regis, finding she violated NOPD rules requiring employees’ adherence to state law,
An employee with permanent status in the classified civil service cannot be subject to disciplinary action by his employer except for cause expressed in writing. La. Const, art. X, § 8(A); Lange v. Orleans Levee Dist., 10-0140, p. 2 n. 2 (La.11/30/10); 56 So.3d 925, 928 n. 2. Legal “cause” for disciplinary action exists 1 ¿when the employee’s conduct “impairs the efficient or orderly operation of the public service.” Civil Service Rule 1.5.2.01; AFSCME, Council # 17 v. State ex rel. Dep’t of Health & Hosp., 01-0422, p. 8 (La.6/29/01); 789 So.2d 1263, 1268. The appointing authority must prove, by a preponderance of the evidence, the occurrence of the complained of activity and that the conduct did in fact impair the efficient and orderly operation of the public service. See Newman v. Dep’t of Fire, 425 So.2d 753, 754 (La. 1983). An appellate court should not modify the Commission’s order unless it is arbitrary, capricious, or characterized by abuse of discretion. Bannister v. Dep’t of Streets, 95-404, p. 8 (La.1/16/96); 666 So.2d 641, 647. “Arbitrary or capricious” means the absence of a rational basis for the action taken. Id.
In the instant case, the record contains sufficient evidence to support the letter of reprimand. The NOPD proved the occurrence of the complained of activity as Re-gis acknowledged her window tint was in violation of La.Rev.Stat. § 32:361.1(B) and that she had not received an exemption sticker from the Louisiana State Police.
Additionally, Regis’s conduct “impaired the efficiency” of the NOPD and “bears a real and substantial relationship to [its] efficient operation.” Cittadino v. Dep’t of Police, 558 So.2d 1311, 1315 (La.App. 4 Cir. 1990). Police officers are charged with enforcing the motor vehicle and traffic laws; “a police officer’s failure to comply with the laws thus gravely impairs the efficiency of the department.” Davis v.
Therefore, the judgment of the Court of Appeal is reversed and the Civil Service Commission’s ruling is reinstated.
REVERSED; CIVIL SERVICE COMMISSION JUDGMENT REINSTATED.
. NOPD Operations Manual Rule 2: Moral Conduct, paragraph l-"Adherence to Law,” provides:
Employees shall act in accordance with the constitutions, statutes, ordinances, administrative regulations, and the official interpretations thereof, of the United States, the State of Louisiana, and the City of New Orleans, but when in another jurisdiction shall obey the applicable laws. Neither ignorance of the law, its interpretations, nor failure to be physically arrested and charged, shall be regarded as a valid defense against the requirements of this rule.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.