Renfro v. City of Moss Point
156 So. 3d 913
| Miss. Ct. App. | 2014Background
- Renfro, an off-duty Moss Point police officer, used a portable radio after midnight to report observing a suspected drug transaction; other officers responded and one arrest for misdemeanor possession followed.
- Several officers (Guerrero, Shipman, Lt. Ashley) and Chief Davis perceived Renfro’s radio transmissions as slurred and incoherent, creating suspicion he was intoxicated while conducting unsanctioned surveillance.
- Chief Davis attempted to contact Renfro at his apartment (officers found his warm truck and heard a phone ringing inside) but Renfro avoided or delayed contact and later reported to the station hours after the events.
- At the station Renfro initially refused a portable breath test and to sign a Garrity form, was argumentative and confrontational, later submitted to a PBT showing .075 BAC, then refused to answer investigatory questions without counsel.
- Renfro was suspended with pay, given pretermination notice for insubordination and conduct unbecoming, terminated after a hearing, the Civil Service Commission upheld the termination, and the circuit court affirmed. Renfro appealed to the Supreme Court of Mississippi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there substantial evidence to support termination for insubordination? | Renfro: insufficient evidence; he followed SOP when reporting while off-duty. | City: testimony showed insubordination (argumentative, refused orders) and conduct unbecoming. | Held: Substantial evidence supported termination for insubordination. |
| Could City rely on evidence Renfro was intoxicated when reporting? | Renfro: no direct contemporaneous proof of intoxication. | City: multiple officers heard slurred speech and Renfro avoided contact, preventing confirmation. | Held: Court defers to factfinder; substantial evidence supported City's concerns about intoxication. |
| Was refusal to take tests or sign Garrity improper grounds for discipline? | Renfro: he later took a PBT and had been suspended before being questioned under Garrity. | City: initial refusal, argumentative conduct, and obstruction justified discipline. | Held: Court upheld discipline based on insubordination and conduct; timing did not preclude finding of insubordination. |
| Standard of review – may court reweigh credibility? | Renfro: asks court to reverse Commission’s factual findings. | City: Commission's factual findings are entitled to deference; only substantial-evidence review applies. | Held: Court applies limited review and will not reassess credibility; Commission’s good-faith-for-cause finding stands. |
Key Cases Cited
- City of Jackson v. Froshour, 530 So.2d 1348 (Miss. 1988) (standard: commission decision must be in good faith for cause; review limited to substantial evidence)
- City of Laurel v. Brewer, 919 So.2d 217 (Miss. Ct. App. 2005) (courts may not make credibility determinations; review asks whether commission acted in good faith based on evidence)
- Garrity v. New Jersey, 385 U.S. 493 (1967) (statements compelled under threat of job loss are involuntary and inadmissible in criminal prosecutions)