141 So. 3d 871
La. Ct. App.2014Background
- Officer Keyalah Bell was terminated for driving while intoxicated and hit-and-run; BAC was 0.153 and she initially fled the scene before returning.
- Department’s internal investigation began May 9, 2011, and ended November 9, 2011; a 60-day extension was requested after a nolle prosequi on October 3, 2011.
- Bell gave an administrative statement admitting drinking; she claimed not to recall how her car ended up two blocks away and contested certain factual findings.
- Bell challenged the termination before the Civil Service Commission, arguing disparate treatment and insufficient evidence of criminal intent for hit-and-run; she also argued untimeliness under La. R.S. 40:2531(B)(7).
- The Civil Service Commission reversed the termination solely on untimeliness; the Department appealed, and the court reviewed de novo timeliness questions.
- Louisiana Supreme Court later clarified tolling: criminal investigations toll the sixty-day administrative period, so the department’s timing could not be solely based on 40:2531(B)(7); the Commission’s timeliness ruling was reversed and the matter remanded for merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commission correctly applied the sixty-day deadline | Bell | Department | Timeliness misapplied; applicable tolling precedents require de novo review |
| Whether criminal investigation tolling affects the 60-day period | Bell | Department | Criminal activity tolling governs; sixty-day period not triggered until criminal proceedings conclude |
| Whether the case should be remanded for merits rather than affirmed on timeliness | Bell | Department | Remand for merits; reverse on timeliness grounds; allow further proceedings on merits |
Key Cases Cited
- O’Hern v. New Orleans Police Dep’t, 131 So.3d 29 (La. 2013) (criminal investigation tolls administrative time; nothing limits criminal activity investigations)
- Robinson v. Dep’t of Police, 106 So.3d 1272 (La. App. 4th Cir. 2013) (criminal investigation does not suspend thirty designed time period under prior reading)
- Pope v. New Orleans Police Dep’t, 903 So.2d 1 (La. App. 4th Cir. 2005) (appointing authority discretion to discipline for good cause)
- Whitaker v. New Orleans Police Dep’t, 863 So.2d 572 (La. App. 4th Cir. 2003) (role of Civil Service Commission in reviewing discipline)