MARKS v. NEW ORLEANS POLICE DEPT.

No. 2006-C-0575.

943 So.2d 1028 (2006)

William MARKS v. NEW ORLEANS POLICE DEPARTMENT.

Supreme Court of Louisiana.

November 29, 2006.


Attorney(s) appearing for the Case

Penya M. Moses-Fields, City Attorney, Joseph V. DiRosa, Jr., Chief Deputy City Attorney, James B. Mullaly, Heather M. Valliant, Assistant City Attorneys, for Applicant.

Eric J. Hessler, for Respondent.

Claude A. Schlesinger, New Orleans, Chester Theodore, III, for amicus curiae, Louisiana State Fraternal Order of Police.

Gilbert R. Burras, for amicus curiae, Civil Service Commission for the City of New Orleans.


WEIMER, Justice.

A police officer accused of misconduct was terminated by the police department beyond the sixty-day statutory period for conducting an investigation. The Civil Service Commission upheld the discipline imposed. However, the court of appeal reversed (which had the effect of dismissing the investigation and reinstating the officer), finding the police department circumvented the statutory "minimum standards" by not acting within the sixty-day period...

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