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Ladnier v. City of Biloxi3/9/1999
mented Ladnier's file to reflect that his transfer to the department of public safety constituted Ladnier's punishment. Then, there is the testimony of Moffett and Mayor Holloway that Ladnier's record did not indicate that he had been punished, therefore, each, apparently, assumed that he had not been sufficiently admonished for his wrongdoing. Thus, the City's administration proceeded to implement a punishment they deemed appropriate for Ladnier's misconduct. Interestingly, none of this testimony is inconsistent or contradictory. Rather, these facts are consistent and logical. Cvitanovich did not document the punishment, so it was not written for the new administration to discover. Perhaps Moffet and Holloway's assumption that Ladnier had not been disciplined was at the very least initially correct as the records failed to reflect as much. However, at some point, if only by virtue of this litigation, the men learned that Ladnier understood his punishment to consist of his transfer, and they refused to accept Ladnier's explanation that he received his discipline through the prior city administration.
. The City argues that Ladnier's transfer could not have been discipline because a transfer was not a means of discipline. Rather, the City asserts the only methods of discipline were demotion, suspension or termination. However, pursuant to the City of Biloxi's Civil Service Regulations, and as the majority pointed out, there were other methods of punishing someone for misconduct including verbal and written reprimands.
. What makes this case difficult to swallow is the fact that an employee was terminated for his superior's failure to follow police department regulations regarding disciplinary action, that is, Cvitanovich did not appropriately document the disciplinary action against Ladnier. If Cvitanovich had followed departmental rules regarding discipline and appropriately documented Ladnier's personnel file, then the new administration governing the City of Biloxi would have been put on notice that Ladnier had received punishment for his violation of police department regulations and they would have been without authority to invoke additional penalties on Ladnier. Without question Ladnier's actions involving the alteration of the bond amount were wrong and against police department regulations. However, it is excessively harsh to terminate an employee for the improprieties of his superior. Had the Halat administration decided that Ladnier's actions warranted his termination, then it would have been within its discretion to do so.
. Because the evidence on this issue is not conflicting, there simply was no credible evidence that Ladnier was not disciplined for his misconduct. That Ladnier's personnel record did not reflect as much is insufficient to support a finding that he was not disciplined. Based upon my understanding of the facts and applicable law in this case, I would rule that the Biloxi Civil Service Commission was not presented with substantial credible evidence on which to find that Ladnier had not been punished by the Halat administration. Accordingly, I would reverse the decision of the circuit court and the Biloxi Civil Service Commission and order Ladnier's reinstatement of his position with Biloxi's Department of Public Safety with full benefits and back pay.
. PAYNE, J., JOINS THIS SEPARATE OPINION.
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