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Andel v. City of Mandeville

Court of Appeals of Louisiana, First Circuit

September 15, 2017

LLOYD ANDEL
v.
CITY OF MANDEVILLE

         Appealed from the 22nd Judicial District Court Parish of St. Tammany State of Louisiana Docket Number 2015-11827 Honorable August J. Hand, Judge Presiding

          C. Theodore Alpaugh, III New Orleans, LA

          Michael F. Weiner Covington, LA

          Counsel for Plaintiff/Appellant, Lloyd Andel

          Counsel for Defendant/ Appellee, City of Mandeville

          BEFORE: WHIPPLE, C.J., McDONALD, AND CHUTZ, JJ.

          WHIPPLE, C.J.

         Plaintiff-appellant, Lloyd Andel, a former employee of the Mandeville Police Department, appeals a judgment of the district court affirming a discovery ruling of a civil service board. For the following reasons, we convert plaintiffs appeal to an application for supervisory writs and deny the requested relief.

         FACTS AND PROCEDURAL HISTORY

         Lloyd Andel was employed as a police officer with the City of Mandeville ("the City") until his termination on April 24, 2013, for alleged violations of the police department's rules and regulations. Thereafter, Andel filed an appeal of his termination with the Mandeville Municipal Police Employees' Civil Service Board ("the Board").

         Prior to his hearing before the Board, Andel requested that the Board provide him with "[a]ll evaluations of all members of the Mandeville Police Department from January 1, 2009 through the date of response." The City objected to the request, and the Board subsequently set a special meeting to address Andel's document request and the City's objections.

         Following the special meeting, the Board ordered the City to provide "[a]ny and all documents ... relating to performance improvements plan(s) of members of the Mandeville Police Department" and "[a]ll evaluations of all members of the Mandeville Police Department between the dates of January 1, 2011 and April 24, 2013." However, all "personally-identifying [sic] information, " including the employees' names, was to be redacted from the employees' evaluations. The City filed a motion for the Board to reconsider its ruling regarding the disclosure of the employees' evaluations, which the Board denied. Thereafter, the parties executed a protective order pertaining to the disclosed evaluations, stating that the documents would be available for viewing at City Hall and further maintaining, in accordance with the Board's order, that all "personally-identifying information" in the employees' evaluations would be redacted.

         Andel then filed a second motion with the Board, specifically seeking the "personally-identifying information" that was redacted from the employees' evaluations. Andel argued that this information was needed because it would demonstrate "disparate treatment [with]in the Mandeville Police Department" that "goes directly to the issue of whether [Andel] was terminated in good faith and for just cause." Following an advertised public hearing, the Board denied Andel's second motion on April 22, 2015.

         On May 7, 2015, Andel filed a petition for appeal with the district court, seeking review of the April 22, 2015 order of the Board. On May 10, 2016, the district court issued its ruling, upholding the order of the Board and denying Andel's request for the redacted employees' names. Andel then filed the instant ...


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