FROM CITY CIVIL SERVICE COMMISSION ORLEANS NO. 8601
Donovan A. Livaccari LIVACCARI VILLARRUBIA LEMMON LLC COUNSEL
Cherrell S. Taplin SENIOR CHIEF CITY ATTORNEY Elizabeth
Robins DEPUTY CITY ATTORNEY Sunni J. LeBeouf CITY ATTORNEY
Isaka R. Williams ASSISTANT CITY ATTORNEY COUNSEL FOR
composed of Judge Daniel L. Dysart, Judge Tiffany G. Chase,
Judge Dale N. Atkins.
L. DYSART JUDGE.
Clark appeals the March 20, 2018 judgment of the Civil
Service Commission denying his appeal of his termination from
his permanent, classified employment with the New Orleans
Police Department. For the reasons that follow, we affirm.
Clark ("Clark"), an officer with the New Orleans
Police Department ("NOPD") was dispatched on July
6, 2013, to an address in New Orleans East to respond to a
Signal 35 (simple battery), with a possible Signal 43 (simple
rape).The initial report prepared by Clark
indicated that he and Officer Brian Boydspoke with the
victim, who reported that an acquaintance had grabbed her by
both arms, twisted them behind her back, grabbed her hair and
slapped her face. She stated that the acquaintance had also
slammed her onto a bed and pinned her down. These facts were
identical to those used by Clark to obtain an arrest warrant
for the suspect, who was eventually arrested and tried for
omission from the report of a charge of rape came to light
when the victim was assigned a victim witness coordinator for
the reported simple battery charge, to whom the victim
reported that she was also raped on July 6, 2013. The
coordinator reported this information to the Sex Crimes Unit,
which precipitated the investigation into whether Clark had
neglected to report the rape.
criminal trial of the suspect, Clark explained that the
victim had reported to him that she had been raped, but that
she insisted on not reporting the rape, as she did not want
to submit to a medical examination. Clark also admitted at
trial that he was aware of the non-discretionary NOPD policy
requiring officers to report all incidents of sexually-based
offenses to the Sex Crimes Unit. In addition to not reporting
the rape, Clark admitted that a former NOPD officer was
present at the scene, but Clark determined that his presence
was not germane to the incident, and also failed to include
his name in the report.
the criminal trial, an article appeared in the local
newspaper documenting that a NOPD officer had neglected to
report a rape. A complaint was lodged against Clark by a
ranking officer with the Public Integrity Bureau.
an investigation and hearing, it was recommended that Clark
be cited for violating the following rules/policies of the
Rule 4, Performance of Duty; Paragraph 2; Instructions from
an Authoritative Source, to wit, NOPD Policy 600.2 (b-2) -
"An officer responsible for an initial investigation
shall complete no less than the following … If
information indicates a crime has occurred, the officer shall
…. Determine if additional investigative resources
(e.g., investigators or scene processing) assistance is
necessary and request assistance as required."
Rule 6: Official Information; Paragraph 2; False or
Inaccurate Reports - "An employee shall not knowingly
make, or cause or allow to be made, a false or inaccurate
oral or written report of an official nature, or
intentionally without ...