City of Bossier City v. Vernon
100 So. 3d 301
La.2012Background
- Officer Vernon was terminated by the City after an internal affairs investigation.
- The City’s appointing authority repeatedly claimed the discipline was imposed in good faith for cause.
- The Board conducted an evidentiary hearing and reduced the termination to a 90‑day suspension without pay.
- The district court and court of appeal held the Board could modify discipline even when for cause and in good faith.
- The City argued that modification was only permissible when bad faith or lack of cause was found.
- The Supreme Court held that La. R.S. 33:2501(C)(1) authorizes modification of discipline even when imposed in good faith for cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board may modify discipline despite good faith for cause | City argues no modification without bad faith | Vernon argues Board may modify even for good faith | Yes; Board may modify even with good‑faith discipline for cause |
Key Cases Cited
- Marchiafava v. Baton Rouge Fire and Police Civil Service Board, 96 So.2d 26 (La. 1957) (Board may modify discipline and determine proportionality)
- Watters v. Dept. of Police of City of New Orleans, 454 So.2d 106 (La. 1984) (Board must independently assess cause and punishment)
- Bannister v. Department of Streets, 666 So.2d 641 (La. 1996) (Authority to modify disciplinary action within civil service)
- Department of Public Safety and Corrections, Office of State Police v. Mensman, 671 So.2d 319 (La. 1996) (State Police Commission’s duty to review cause and punishment)
- AFSCME, Council 17 v. State ex rel. Dept. of Health & Hospitals, 789 So.2d 1263 (La. 2001) (Civil service review includes consideration of punishment appropriateness)