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SUPREME COURT OF LOUISIANA
No. 98-C-1920 THOMAS A. LOTT VERSUS DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF THE LOUISIANA STATE POLICE ************************************************************ ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, STATE POLICE COMMISSION ************************************************************ Calogero, C.J.* We granted certiorari in this case to determine whether the court of appeal was correct in holding that the plaintiff, Thomas Lott, was denied due process during the appeal of his termination by the State Police because a constitutional quorum of the State Police Commission was not in attendance on one particular hearing date, notwithstanding the fact that the State Police Commission had appointed a referee for the purpose of taking testimony in the appeal. For the following reasons, we hold that the presence of a quorum of the State Police Commission is not required in order to preserve the appellant's due process rights in an appeal to that body when it has seen fit to appoint a referee for the taking of testimony, a procedure authorized by our state constitution. We therefore reverse the court of appeal and remand the case for consideration of Lott's other assignments of error raised therein. FACTS AND PROCEDURAL HISTORY Thomas Lott was employed for approximately fifteen years by the Department of Public Safety and Corrections as a State Police pilot. Effective December 15, 1995, Lott's employment was terminated after an internal investigation concluded that he had sent, or was involved in sending, seven pseudonymous letters and one anonymous letter to the Federal Aviation Administration and to several Louisiana public officials which allegedly contained false and misleading information critical of his supervisor. On December 19, 1995, Lott filed a timely appeal with the State Police Commission seeking reversal of his termination, monetary remuneration, and attorneys' fees. The Louisiana Constitution provides that the State Police Commission "shall be composed of seven members

*

Traylor, J., not on panel. See Rule IV, Part 2,

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Louisiana Law