Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 608942 Honorable
Michael A. Pitman, Judge.
PETTIETTE, ARMAND, DUNKELMAN, WOODLEY, BYRD & CROMWELL,
L.L.P. By: Joseph Samuel Woodley E. Henry Byrd, IV Counsel
RAY CASEY Counsel for Appellee, Shreveport Municipal Fire and
Police Civil Service Board
BRAINARD & BRAINARD, L.L.C. By: Eron Jay Brainard Counsel
for Appellee, Peggy Elzie
WILLIAMS, MOORE, and McCALLUM, JJ.
issue in this appeal is whether the computation of time set
forth in La. C.C.P. art. 5059 applies to the time period in
La. R.S. 40:2531(B)(7) concerning the permitted length of a
disciplinary investigation of a law enforcement officer.
Agreeing with the District Court that it does not, we affirm
the judgment upholding the Shreveport Municipal Fire and
Police Civil Service Board's decision to set aside the
Shreveport Police Department's discipline of Officer
was involved in a motor vehicle accident on July 4, 2017,
when her vehicle struck the rear of two stopped vehicles. An
investigation was conducted on the date of the accident.
investigation into the accident was considered by law to be
completed when, on September 5, 2017, Elzie received notice
of a September 11 predisciplinary hearing. At the hearing,
Elzie received a three-day fine and was ordered to attend a
defensive driving class. Elzie appealed the discipline to the
Shreveport Municipal Fire and Police Civil Service Board
("Board"), contending that the discipline was an
absolute nullity because the investigation had not been
completed within 60 days as required by La. R.S.
40:2531(B)(7). Saturday, September 2, was the 60th day.
Board found a violation of the 60-day rule and as a
consequence, it nullified Elzie's discipline. The City of
Shreveport ("City") appealed this determination to
the First Judicial District Court, which upheld the
Board's decision. The City appeals the District
R.S. 40:2531(B) contains the minimum standards to be followed
when a police employee or law enforcement officer is under
investigation and faces possible disciplinary action,
demotion or dismissal. Included among the minimum standards
is a provision pertaining to the permissible length of an
When a formal, written complaint is made against any police
employee or law enforcement officer, the superintendent of
state police or the chief of police or his authorized
representative shall initiate an investigation within
fourteen days of the date the complaint is made. Except as
otherwise provided in this Paragraph, each
investigation of a police employee or law enforcement officer
which is conducted under the provisions of this Chapter shall
be completed within sixty days. However, in each
municipality which is subject to a Municipal Fire and Police
Civil Service law, the municipal police department may
petition the Municipal Fire and Police Civil Service Board
for an extension of the time within which to complete the
investigation. . . . Nothing contained in this Paragraph
shall be construed to prohibit the police employee or law
enforcement officer under investigation and the appointing
authority from entering into a written agreement extending
the investigation for up to an additional sixty days.
The investigation shall be considered ...