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State Police Commission denies summary disposition in disciplinary appeal of Nicholas Gee

5963452 · February 14, 2025
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Summary

At its Feb. 13, 2025 meeting, the Louisiana State Police Commission voted to deny a motion for summary disposition in the administrative appeal of trooper Nicholas Gee after extended argument over whether agency rules permitted suspending an administrative investigation and the use of forced leave.

The Louisiana State Police Commission on Feb. 13, 2025 denied a motion for summary disposition in the administrative appeal of trooper Nicholas Gee, after hearing extended legal argument over whether the Louisiana State Police (LSP) followed Commission rules when it placed Gee on leave and later required him to use compensatory and annual leave.

Attorney for Nicholas Gee argued the Commission’s rules were violated when Gee was placed on administrative leave in late May 2022 and then was not given required notice or returned to paid administrative leave while the agency says a related federal criminal investigation was pending. "This matter is right for summary disposition," the attorney told the commission, saying Gee had been forced to exhaust his leave and was off pay for approximately two years. "It has been 3 years of this man's life, and every dime he earned in accrued leave is gone," the attorney said.

An attorney for Louisiana State Police told the commission LSP followed the Commission’s rules, citing written and verbal notices the agency said were provided to Gee in May and June 2022 and later letters advising that his compensatory leave balance would be used. LSP counsel said the administrative investigation was suspended because of a related federal criminal inquiry and invoked Commission provisions that allow suspension of the 60-day administrative time limit when criminal matters are pending. "Administrative leave pending investigation cannot exceed 400 working hours," counsel read from agency correspondence, and described the agency's decisions as consistent with rules allowing enforced use of compensatory or annual leave when appropriate.

Members of the Commission asked detailed questions about the timeline and about how the agency documented a suspension of the internal administrative investigation. Commissioners also discussed whether the agency's August 10, 2022 letter — which the record shows stated the investigation was continuing — was inconsistent with a claim that the administrative investigation had earlier been suspended by an internal record entry. Counsel for Gee said the suspension entry had not been provided to him and that Gee did not receive required written notice before forced leave was applied.

After executive session, a commissioner moved that the motion for summary disposition be denied; the motion was seconded, and the Commission conducted a roll-call vote. The roll call as recorded in the meeting transcript shows multiple commissioners voting in favor and one abstention; the chair announced the motion passed.

The record and arguments before the Commission during the hearing focused on application and interpretation of Louisiana State Police Commission rules cited in the record, including Rule 12.4 (administrative leave pending investigation), Rule 12.19 (extensions/suspension of administrative time limits when criminal investigations are pending), Rule 12.5 (suspension during criminal proceedings), Rule 11.29/11.9 (forced use of compensatory/annual leave), and rule provisions about initiation and notice of administrative investigations. Attorneys for both sides also referenced evidence submitted into the record, including letters dated May 27–31, 2022 and August 10–11, 2022, and a document dated July 16, 2024 in which Gee signed a written extension of the administrative investigation.

The Commission did not issue a written opinion at the public meeting; the transcript documents the oral motions, questioning of counsel and the vote to deny summary disposition. The item will proceed according to the Commission’s procedures for contested disciplinary appeals.

Votes at a glance: the Commission voted to deny the motion for summary disposition; the motion passed after roll-call with one recorded abstention, and no recorded “no” votes in the public roll-call recorded in the transcript.