02 April 2008

city of alexandria, la. loses at third circuit in david frazier termination case

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The Honorable Jacques M. Roy, in his capacity as Mayor and Appointing Authority for the City of Alexandria, and the City of Alexandria (collectively referred to as “the City”), appeal a judgment of the trial court affirming the decision of the Alexandria Civil Service Commission (“the Commission”) to reverse the City’s termination of David Frazier, Jr., and reinstating him to his former position with full back pay and $2,000.00 in attorney fees.

Mr. Frazier answers, seeking damages and costs for frivolous appeal.

For the following reasons, we affirm.

Mr. Frazier began working for the City as an Operator II in the Street Department in 1994. He received several promotions during his tenure with the City, and, at the time relevant to this appeal, he was the Supervisor of the Street Department.

Mr. Frazier’s daughter, Kytara, was a freshman at Peabody Magnet High School in Alexandria, where she played on the girls’ basketball team. On February 26, 2007, the team traveled by bus to Hammond, Louisiana, for a playoff game. Prior to tip-off, Kytara got into an argument with the team’s assistant coach, Brandy Kenney.

As a result, Head Coach Michael Burkes did not allow Kytara to play in the game.

According to Mr. Frazier, several parents of other team members called him from the game concerned about Kytara because she was not participating in the game, and she appeared to be upset. Mr. Frazier called Coach Burkes on his cell phone in an effort to determine what was the matter with Kytara, but he was unable to reach him. Mr. Frazier met the bus when it returned to the school at approximately 1:30 a.m. Coach Burkes was confronted by Mr. Frazier when he exited the bus.

According to Mr. Frazier, he asked Coach Burkes, “What is the problem now?”; Coach Burkes replied, “I don’t owe you no [sic] explanation at all.” According to Coach Burkes, as he exited the bus, Mr. Frazier exclaimed, “You mother f_ _ _ers took my daughter way down to Hammond to embarrass her!” Mr. Frazier then punched Coach Burkes on his left cheek, causing him to fall to his knees.