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Staehle v. Department of Police.11/18/1998
STAEHLE v. DEPT OF POLICE, 98-0216 (La.App. 4 Cir. 11/18/98)
APPEAL FROM CITY CIVIL SERVICE COMMISSION, STATE OF LOUISIANA.
AFFIRMED
New Orleans Police Officer Edgar Staehle appeals a decision of the New Orleans City Civil Service Commission ("CSC") upholding a seven-day suspension imposed by the New Orleans Police Department ("NOPD"). Because the record evidence provides a rational basis for the CSC decision, we affirm.
Facts
The record indicates that at approximately 12:30 a.m. on September 9, 1996, Officer Staehle, who was off-duty, became involved in an altercation with two males while intervening in a situation involving a woman, apparently in his capacity as a police officer. Officer Staehle admitted that he had drunk 10 beers in approximately seven hours prior to the incident. Moreover, at the time of the incident, Officer Staehle admitted that he was holding an open beer bottle. Pictures taken at an automatic teller machine ("ATM") prior to the incident also show him holding the beer bottle.
As a result of the incident, Officer Staehle was charged with violation of the following NOPD rules:
"Rule 3: PROFESSIONAL CONDUCT PROFESSIONALISM"
"Employees shall conduct themselves in a professional manner with the utmost concern for the dignity of the individual with whom they are interacting. Employees shall not unnecessarily inconvenience or demean any individual or otherwise act in a manner which brings discredit to the Police Department."
"Rule 2: MORAL CONDUCT ADHERANCE TO LAW"
"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."
The applicable law Officer Staehle was charged with violating was New Orleans Municipal Code § 54-404, relative to "Carrying of Opened Containers Ä Prohibited," which provides as follows:
"It shall be unlawful for any person to carry or drink from an opened glass or opened metal container in or any public street or sidewalk in the city."
Officer Staehle testified at the hearing before the CSC that he was aware of the fact that walking around with an open container was "against the law."
An internal investigation was performed. As a result, Officer Staehle was suspended for five days for violation of the Professionalism rule, and for two days for violation of the Adherence to Law rule Ä a total of seven days. Officer Staehle alleges that the seven day suspension is excessive.
Standard for review
This court recently summarized the law applicable to the instant case as follows:
"An employee who has gained permanent status in the classified city civil service cannot be subjected to disciplinary action except for cause expressed in writing. La. Const. art. X, § 8 (A). An employee may appeal disciplinary action taken against him to the CSC. Id.; La.Rev.Stat. Ann. § 33:2424. On appeal, the CSC has a duty to decide if the appointing authority has good or lawful cause for taking the disciplinary action and, if so, whether the punishment imposed is commensurate with the offense. Walters v. Department of Police, 454 So.2d 106 (La. 1984); Lentz v. Department of Police, 94-0814, p. 1 (La.App. 4th Cir. 11/30/94), 646 So.2d 518, 519, writ denied, 94-313
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