Little Rock Police Department v. Phillips
2017 Ark. App. 410
| Ark. Ct. App. | 2017Background
- Sergeant Christopher M. Phillips (LRPD) admitted violating multiple LRPD rules by authorizing off‑site, unauthorized repairs to a patrol vehicle after an April 12, 2014 minor collision and directing subordinate officers to assist.
- Repairs were performed at a nightclub garage, included welding and repainting, and were later found inconsistent with LRPD policy when the unit was taken for authorized repair.
- LRPD chief demoted Phillips from sergeant to patrolman; other involved officers received lighter discipline (suspensions, reprimand, counseling).
- Phillips appealed to the civil service commission; the commission upheld the demotion. He then appealed de novo to Pulaski County Circuit Court. The circuit court found misconduct but reduced the sanction to a thirty‑day suspension without pay. LRPD appealed.
- The Court of Appeals reviewed the circuit court’s factual findings under the clearly‑erroneous (preponderance) standard and considered Phillips’s 18‑year service, lack of bad intent, acceptance of responsibility, and evidence of past informal practice regarding minor repairs.
Issues
| Issue | Phillips' Argument | LRPD's Argument | Held |
|---|---|---|---|
| Whether demotion was proper sanction for admitted rule violations | Thirty‑day suspension without pay is appropriate given no evil intent, long good service, and disproportionate economic/professional harm of demotion | Demotion appropriate due to multiple violations, involvement of subordinates, harm to department reputation and need to discipline a supervisor | Court affirmed circuit court: demotion set aside; thirty‑day suspension upheld as not clearly erroneous |
| Whether circuit court may modify commission’s penalty on de novo review | Circuit court may reassess penalty and consider evidence not presented to commission | Same (LRPD did not dispute court’s power) | Circuit court properly exercised de novo authority to modify punishment |
| Whether the circuit court’s factual findings were clearly against the preponderance of evidence | Phillips: findings that he lacked malicious intent and had good record are supported | LRPD: findings minimize severity; court should have confidence that reduction was a mistake | Court: no definite and firm conviction of mistake; findings not clearly erroneous |
| Whether precedent supports reducing severe disciplinary action to suspension | Cites cases where long service and lack of serious misconduct warranted reduced penalties | LRPD distinguishes facts as more egregious, involving multiple violations and subordinates | Court found precedent (e.g., Hall, Smith) supportive; reduction permissible here |
Key Cases Cited
- City of Little Rock v. Hall, 249 Ark. 337 (Supreme Court) (affirming circuit court reduction of discharge to thirty‑day suspension where officer had long exemplary service)
- City of Van Buren v. Smith, 345 Ark. 313 (Ark. 2001) (supreme court affirmed circuit court’s reduction of termination to thirty‑day suspension)
- City of Little Rock v. Hudson, 366 Ark. 415 (Ark. 2006) (explaining de novo effect of civil service appeals to circuit court)