Judge upholds firing of Wave P.D. officer
By Geoff Belcher
May 13, 2014, 20:19
A circuit court judge last week upheld the dismissal of a former Waveland police officer who was fired in 2009 for allegedly having sex on the job with another officer's fiance.
Judge Roger Clark last week ruled that city's firing of Officer Clay Necaise "should be affirmed."
Necaise, a long-time patrolman in Waveland, Bay St. Louis, and Hancock County, was fired after allegations surfaced that he was having sex with a fellow cop's girlfriend while both men were on duty.
Necaise appealed the termination to the Waveland Civil Service Commission in June 2010 and the commission upheld the firing by a 3-2 vote.
It was a controversial hearing, which included testimony about Necaise's alleged sexual misconduct and dissension among the ranks at WPD.
Former Police Chief Jimmy Varnell testified that he had fired Necaise on orders from former Mayor Tommy Longo after the allegations surfaced.
After losing the civil service commission hearing, Necaise filed an appeal in circuit court, seeking to have it overturned.
In subsequent court filings, Necaise claimed his firing was due to "manufactured evidence amid a conspiracy."
He also claimed that Varnell and others had a "vendetta" against him.
Since leaving WPD, Necaise has continued to live in the community, but now works offshore.
Necaise's attorney, Ben Bowden, said at the time that Necaise was seeking to be reinstated at WPD with his rank as sergeant and to collect back pay.
Waveland had been seeking to have the case dismissed because of procedural errors in the appeal, but Clark last year ruled it should be allowed to go to trial.
"The question is not whether this court would have made a different decision concerning the termination of Officer Clay Necaise," Clark wrote in his decision last week. "The question is whether the commission acted in accordance with the Civil Service Ordinance. The action was found to be a 'covered action' and the evidence supports this conclusion. Further, the commission found that the action was taken in good faith.
"Nothing appears in this record to overcome the presumption that the decision was correct and lawful."