OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

No Discipline

Deputy was terminated for being untruthful about whether a power failure had caused her alarm clock not to go off, resulting in her being late for work. Evidence indicated no power failure in area. Since there was the possibility of “secondary disturbances in electric service” that could cause a clock radio to malfunction, employer failed to meet its burden of proof.

Shawnee County, 123 LA 1659 (Daly, 2007).

Neglect Of Duty

30-Day Suspension

10-Day Suspension

In the wake of Hurricane Katrina, officer temporarily traveled to another city to provide emergency funds and provisions for her husband and six children. The Court found that Civil Service Commission properly considered mitigating factors.

Parker v. Department of Police, 2008 WL 271504 (La.App. 2008).

Performance Of Duty

Negative Performance Rating

Negative Performance Rating

Officer received negative performance rating for his habit of complaining as well as failing to meet a ticket quota. While a negative rating could not be based on ticket quota issue since employer never bargained over the institution of the quota, the independent reason of “complaining” supported the negative performance rating.

City of McAlester, 124 LA 449 (Crider, 2007).