3rd Circuit Court of Appeals rules fired APD lieutenant appeal dismissed properly on untimely

Published: Mar. 17, 2021 at 3:38 PM CDT
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ALEXANDRIA, La. (KALB) - The Louisiana 3rd Circuit Court of Appeals has made a decision on the future of fired APD lieutenant Darrell Clark’s dismissed appeal.

The ruling was that Clark’s appeal was in fact dismissed properly by the City of Alexandria, which overturns a decision made by Judge Monique Rauls in the 9th Judicial District Court back on Oct. 5.

On Oct. 1, KALB learned through public records that Clark was terminated on June 25 after he faced “possible disciplinary action” for using the Thinksteam platform for non-APD reasons on multiple occasions. Thinkstream is a platform that the department uses for investigation purposes.

Back on Aug. 6, the Alexandria Fire and Police Civil Service Board voted to grant the dismissal of Clark’s appeal because his appeal was not filed to the Alexandria Fire and Police Civil Service Board within the 15 days he was required to.

Clark had originally filed his appeal on July 9 to the Louisiana State Civil Service Board, and within an hour of filing, Clark was told his appeal needed to go to the City of Alexandria’s civil service board. On the last day to file, which was July 15, Clark sent his appeal to the Alexandria Civil Service Board with no word if that was the right location or not. The City did not forward Clark’s appeal to the fire and police board, because the two boards are separate entities.

The Alexandria Fire and Police Civil Service Board did not receive the appeal until July 23, which was 13 days after the last day he could file.

The decision by Judge Rauls gave Clark the right to appeal his termination. However, the 3rd Circuit Court of Appeals has ruled against Judge Rauls and has sided with the fire and police board’s decision to dismiss Clark’s appeal as untimely.

Clark can file a writ with the Louisiana Supreme Court to try to overturn the 3rd Circuit ruling but it’s no guarantee that they’ll accept it.

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