Narcisse v. Department of Police

[TI respectfully dissent from the majority’s opinion. I would find that the Commission abused its discretion in ruling against Narcisse.

Here, the evidence was taken before a hearing examiner, who submitted a recommendation with reasons explaining his apportionment of credibility in favor of Narcisse. However, in ruling against Narcisse, the Commission offered no reasons for disregarding the Commissioner’s credibility assessment.

With regard to the standard of review, this Court has held that where testimony is taken by a hearing officer or referee, the Commission has no advantage over the…