Clay NeCaise v. City of Waveland, Mississippi
170 So. 3d 616
| Miss. Ct. App. | 2015Background
- Clay Necaise, a Waveland police officer, was terminated October 29, 2010 after a fellow officer (Poyadou) alleged Necaise had sex with Poyadou’s fiancée, Christy Spence, while on duty July 22, 2010.
- Chief Varnell investigated: he reviewed Necaise’s time sheet and CAD logs (showing ~1.5 hour inactivity), text messages, and a videotaped statement in which Spence admitted the encounter; Spence’s sworn statement matched the inactivity window.
- Chief Varnell terminated Necaise and informed him of appeal rights; the mayor upheld the termination after administrative hearings, finding substantial evidence and just cause.
- Necaise appealed to the Waveland Civil Service Commission, which (by 3–2 vote) confined review to whether the action was taken in good faith for cause under Waveland City Ordinance 251 and upheld the termination.
- Necaise appealed to the Hancock County Circuit Court, which affirmed the Commission’s decision; Necaise then appealed to the Mississippi Court of Appeals.
Issues
| Issue | Necaise’s Argument | City’s Argument | Held |
|---|---|---|---|
| Whether the termination was supported by substantial evidence and made in good faith for cause under Ordinance 251 | Record lacks substantial evidence; termination was without cause and not in good faith | Investigation produced corroborating evidence (Spence’s admission, statement, CAD/time gaps, texts); Commission’s review limited and deferential under the ordinance | Court affirmed: substantial evidence supports termination and it was in good faith for cause |
Key Cases Cited
- City of Vicksburg v. Lane, 11 So. 3d 162 (Miss. Ct. App.) (sets standard of review: whether Civil Service Commission acted in good faith for cause and whether decision was arbitrary, unreasonable, confiscatory, or capricious)
- City of Jackson v. Froshour, 530 So. 2d 1348 (Miss.) (authoritative articulation of standard for civil service review)
- Prendergast v. City of Waveland, 146 So. 3d 1021 (Miss. Ct. App.) (explains Ordinance 251’s independence from statutory civil service scheme and limits of judicial review)