DERRY ISAAC, JR.
DEPARTMENT OF HEALTH AND HOSPITALS/OCDD -PINECREST SUPPORTS AND SERVICES CENTER
Appealed from the State Civil Service Commission State of
Louisiana Docket No. S-l 8281 Honorable David Duplantier,
Chairman; D. Scott Hughes, Vice Chairman; John McClure, G.
Lee Griffm, C. Pete Fremin, Ronald M. Carrere, and Jo Ann
Larvadain, Jr. Alexandria, LA Counsel for Plaintiff/Appellant
Derry Isaac, Jr.
R. Elliott, Jr. Baton Rouge, LA and William Frank Coco
Alexandria, LA Counsel for Defendant/Appellee Louisiana
Department of Health and Hospitals, Pinecrest Supports and
Adrienne Bordelon Baton Rouge, LA Counsel for Byron P.
Decoteau, Jr., Director, Louisiana Department of State Civil
BEFORE: GUIDRY, THERIOT, AND PENZATO, J J.
employee serving with permanent status appeals a decision of
the State Civil Service Commission ("Commission")
upholding an agency's disciplinary action to terminate
his employment. Based on our review, we affirm.
AND PROCEDURAL HISTORY
Isaac, Jr. was employed by the Louisiana Department of Health
and Hospitals at the Pinecrest Supports and Services
Center (appointing authority), in the Office for Citizens with
Developmental Disabilities, as a Residential Services
Specialist 5. He served with permanent status. By a certified
letter dated March 24, 2017, Shannon H. Thorn, the
administrator of the Pinecrest Supports and Services Center,
notified Mr. Isaac that he was being terminated, effective
April 7, 2017, for insubordination and failing to fully
cooperate with an investigation in violation of the rules 39
and 44 of the Pinecrest Rules of Conduct, because he failed
to answer questions during a polygraph examination.
Isaac appealed his termination to the Commission. The
refereeassigned by the Commission to decide the
matter found the evidence supported the charge and the
disciplinary action imposed. The referee's decision
became the final decision of the Commission when the
Commission denied Mr. Isaac's application for review. See
La. Const, art. X, § 12(A) and Civil Service Rule
13.36(g). Mr. Isaac appeals that decision herein.
appeal, Mr. Isaac contends that the referee erred in
upholding the appointing authority's disciplinary action
in the following respects:
1) The referee and the Civil Service Commission erred in
finding that the appointing authority proved by [a]
preponderance of the evidence that appellant, Derry [Isaac],
Jr. refused to answer questions during the polygraph
2) The referee and the Civil Service Commission erred in
finding that the appellant, Derry [Isaac], Jr. was
insubordinate and failed to fully cooperate with an
investigation thus violating ...