Rule II, Section 4.3 of the Rules for the New Orleans Civil Service Commission state as follows:
“Appeals to the Commission must be actually received in the Department of Civil Service no later than the close of business on the thirtieth (30th) calendar day following the date of the disciplinary letter provided to the employee by the Appointing Authority. Should the thirtieth (30th) calendar day fall on a weekend or an official city holiday, written appeals will be accepted no later than the close of business on the workday immediately following. The date the appeal is date/time stamped in the Civil Service Office shall be presumed to be the date of receipt of an appeal. (amended June 10, 1982; August 25, 1983; January 21, 1988, effective February 1, 1988).”
Why is this important? This is important because if you want to appeal discipline taken against you, the appeal has to be filed in a timely manner.
IF YOU DO NOT FILE THE APPEAL WITHIN THIRTY (30) DAYS OF IMPOSITION OF THE DISCIPLINE, THEN THEY WILL ALLOW YOU TO FILE AN APPEAL, BUT IT WILL BE THROWN OUT WHEN THE CITY FILES A MOTION FOR SUMMARY DISPOSITION.
I habitually explain to my officers upon conclusion of a disciplinary hearing the following information:
- The hearing officer (Commander, Deputy Chief, Superintendent’s Disciplinary Committee) only makes a recommendation because only the Superintendent of Police (the Appointing Authority) can institute discipline.
- The fact that a pre-disciplinary hearing has been held does not mean the FDI (Formal Disciplinary Investigation) is complete.
- The recommended discipline has to go up the chain of command. Assuming everyone who has to sign does so after circling “APPROVED,” the case goes to a stack of cases awaiting disciplinary letters.
- It is not complete until you receive “cause expressed in writing” as required by the Louisiana Constitution. That “cause expressed in writing” is memorialized in the form of a disciplinary letter. That letter is written on NOPD letterhead and signed by the Superintendent.
- There is no telling when you might be issued the disciplinary letter. You will receive a phone call, an email, or some type of notice that you need to report to PIB to sign for the disciplinary letter.
- This letter is important for several reasons.
- First and foremost, it satisfies the requirements of the Louisiana Constitution.
- Secondly, it starts the clock on the 30 days you have to file an appeal as specified in New Orleans Civil Service Commission Rule II, Section 4.3 as quoted above. The date typed on the top of that letter is the date used to start counting the 30 days.
- Since you are a good FOP member, if you choose not to appeal, you can send that letter to me for the FOP’s Salary Reimbursement Option.
- The letter also says when the suspension starts (assuming suspension time is involved).
- Whatever appeal hearing follows is limited to the contents of the disciplinary letter.
- FINALLY, THE NOPD DOES NOT PROVIDE ME A COPY OF THE DISCIPLINARY LETTER. YOU, MY OFFICER CLIENT, HAVE TO LET ME KNOW WHEN YOU GET THE DISCIPLINARY LETTER. THIS IS CRUCIAL BECAUSE WHILE I WILL FILE THE APPEAL AND I CAN GET IT FILED THE SAME DAY I RECEIVED THE DISCIPLINARY LETTER, 31 DAYS IS TOO MANY.
Who is entitled to an appeal? New Orleans Civil Service Commission Rule II, Sec. 4.1 reads as follows:
“Regular employees in the classified service shall have the right to appeal disciplinary actions to the Commission, including dismissal, involuntary retirement, demotion, suspension, fine, reduction in pay, or letters of reprimand as defined in Rule I. However, a demotion, reinstatement to a lower classification, transfer, reduction in pay or layoff resulting from the application of the provisions of Rule XII governing layoffs shall not be considered a disciplinary action and thus shall not warrant an appeal except as provided in Sections 4.5 and 9.1 of Rule II. (amended June 10, 1982; May 19, 1988, effective June 1, 1988, amended February 17, 2014, effective March 1, 2014).”
New Orleans Civil Service Commission Rule I, Sec. 1, Paragraph 66 defines “Regular Employee” as:
“an employee who has been appointed to a position in the classified service in accordance with the Law and these Rules and who has completed the working test period.”
That translates to employees who have successfully completed any probationary period.
Have questions? You know what to do.