Officer Jonathan Burnette is charged with a single instance of violating the following New Orleans Police Department (“NOPD”) rule:
Employees shall not post any material on the internet including but not limited to photos, videos, word documents, etc. that violates any local, state, or federal law, and/or embarrasses, humiliates, discredits or harms the operations and reputation of the Police Department or any of its members.
V I. Rule 3: Professional Conduct; Paragraph 13: Social Networking Websites, Facebook, MySpace, Print or Transmitted Media. Officer Burnette made the post during a national law enforcement conference.
Based on the circumstances of the case, I cannot find that the NOPDs imposition of a five-day suspension was an abuse of discretion. For these reasons, I concur in the majoritys decision to affirm.
LEDET, J., CONCURS WITH REASONS