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Ladnier v. City of Biloxi3/9/1999
t grounds to dismiss Ladnier. Holloway affirmatively stated that politics played no role in his decision to discharge the appellant.
. Rodney McGilvary was also called by the City to testify. McGilvary, who chaired the board of inquiry, explained to the Commission that he and the other members of the board of inquiry heard testimony from various witnesses involved with the Taggert warrant. Ladnier was given the first opportunity to articulate his version of the events surrounding the incident to the board. Unanimously, the board of inquiry agreed that Ladnier violated departmental rules and regulations.
. The appellant offered the testimony of former Chief of Police, D. D. Cvitanovich. He explained the events surrounding the Taggert warrant and stated that Ladnier immediately informed him of what had happened and admitted to changing the bond amount. Cvitanovich indicated that when he was told of the incident, he did not regard it as very serious because Taggert had been released on a recognizance bond and the alteration of the bond did not harm Taggert. In other words, Ladnier's actions did not keep Taggert in jail. After discussing the matter with the county prosecutor, Bob Payne, Cvitanovich conducted his own investigation as instructed by Payne. Cvitanovich also kept the matter confidential as Payne directed him to do.
. According to Cvitanovich, Payne informed him that he did not think the matter was serious and that it should be handled internally by the police department. Following his investigation, Cvitanovich submitted a written report to Payne. As stated, Cvitanovich informed Payne in a letter dated February 16, 1993, that he agreed with Payne that the matter involving Ladnier and his actions ought to be handled internally. Cvitanovich noted in the letter that Ladnier's motivations included the need to do a proper investigation. Cvitanovich agreed that Ladnier made a serious mistake but offered the opinion that Ladnier's reasons for making the change "were ample."
. Cvitanovich later learned that Bob Payne had met with Mayor Halat regarding the matter. Thereafter, Cvitanovich, and the Director of Public Safety, Windy Sweatman, met with Mayor Halat regarding Ladnier and his actions. Cvitanovich testified that in the meeting they discussed what disciplinary action should be taken since it was clear that the county prosecutor expected that some type of punishment of Ladnier was appropriate. Because Mayor Halat and Sweatman had already decided that a reorganization of the police department was required, they concluded that Ladnier should relinquish his position as head of criminal investigations and be transferred into a position as an administrative assistant to the director of public safety. Cvitanovich testified that Ladnier was purposefully removed as chief of investigations and placed in a desk job as his punishment for violating police policy. Tommy Moffett was selected to replace Ladnier as head of criminal investigations. Not having heard any more from Bob Payne, Cvitanovich concluded that such time had elapsed that they were required to discipline Ladnier. Moreover, Cvitanovich noted that it was not uncommon for a city government agency to transfer someone as a means of discipline, rather than go through the formal channels of a disciplinary action. He testified that he had done so in the past, and, in his opinion, Ladnier, Sweatman and Mayor Halat fully understood that Ladnier's transfer constituted his punishment for altering the bond without permission to do so.
. According to Cvitanovich, Moffett was not informed of the reasons for Ladnier's transfer, because Cvitanovich believed that he was sworn to secrecy pursuant to Bob Payne's
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