Irma Garcia VS Housing Authority of New Orleans
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 CA 1058 NO IRMA GARCIA VERSUS HOUSING AUTHORITY OF NEW ORLEANS Judgment Rendered DEe 2 3 2009 4 On Appeal from a Decision of the State Civil Service Commission Docket No S 16605 State of Louisiana Honorable James A Smith Chairman Burl Cain Vice Chairman Shannon Templet Director Department of State Civil Service Gregory A Counsel for Plaintiff Appellant Dupuy Irma Garcia Metairie Louisiana Wayne Counsel for Defendant Woods Housing Authority New Orleans Louisiana Appellee of New Orleans And Terrel J Broussard New Orleans Louisiana Robert R Boland Jr Baton Counsel for Defendant Rouge Louisiana Appellee Shannon Templet Director Department of State Civil Service BEFORE DOWNING GAIDRY AND McCLENDON JJ YJCChtcL J I 1CMJ C GAIDRY J An employee appeals a judgment of the Civil Service Commission dismissing her civil service appeal We affirm FACTS AND PROCEDURAL HISTORY Plaintiff Irma Garcia New Orleans 30 2009 from HANO employed by was May 15 the Housing Authority of 1989 until her termination At the time of her termination her position was January on Human Resources Director A In 1996 due to the United States occurrence to correct to a service substantial default Housing Act meaning not to of Section of 1937 42 U S C substantial default this determine a comply with provision authorizes any State or 3 3 Sj I437d administrative or determination which shall controls that A include the basis the a detailed report for Public and Indian procedures Blunt s impact on HANO submitted developing relating cases procurement or written s On August 30 Housing Paula Blunt revealed that the policies and HANO staff for impeded HANO spends s substantial time and Civil Service consideration matching its employment needs Department civil by Acting Assistant Secretary of the Louisiana Civil Service have HANO to for such determination regarding layoffs impede managerial flexibility the Secretary recovery report listed the following difficulties which she found had on of the In order iv Secretary substantially impedes correction of the substantial default 2001 iv the HUD local law in HUD A j 6 requirements employee rights except civil rights financial HANO the by Department of Housing and Urban Development took control of HANO within the United States of to the classification of State Civil Service the classified 2 a serious resources Civil Service rules HANO has difficulty categories approved by salary levels set by the Department of State Civil Service would have to pay to attract delays create in issued Jackson In hiring are qualified employees and Civil Service rules of 2008 Secretary Alphonso J April Determination a often lower than the salaries HANO HUD Regarding Louisiana Civil Service Law and Rules stated that all of the problems Louisiana Civil Service rules and have been exacerbated by HOD Determination noted in Blunt to Certain Provisions s which report with the application of HANO in 2001 still exist new of the HANO in 2008 at Secretary Jackson further circumstances stated that the restrictions of the Louisiana Civil Service law and the Department of State Civil Service rules impede HANO pay to correct HANO default s declared that the individuals shall 14 not be 1 a b 2 Prior employees required d c to to e there had ISubsection hire fire f which s Secretary Jackson operate HANO under his authority with all Civil Service rules except Rules 6 7 g s apparently were to reasons HUD 8 0 April k 9 1 10 and 11 m 2008 declaration been several attempts unsuccessful due d to the regarding to HANO terminate application or of civil a position Subsection comply 5 4 For these appointed Secretary Jackson demote Garcia ability to employees thereby substantially impeding and manage its efforts s prohibits employment discrimination based upon political or religious affiliations race sex or organizational membership 2 Subsection b prohibits payment or promise ofpayment of assessment subscription or contribution for political party faction or candidate 3 Subsection c prohibits giving or receiving anything of value for a civil service prohibits political coercion Subsection e prohibits political activity 6 Subsection f prohibits appointment of an elected official to a civil service position 7 Subsection g provides that support of certain political issues shall not constitute prohibited political activitythe fraud and the making of false statements concerning civil Subsection G prohibits service employment 9 Subsection k prohibits attempts to affect the selection process by inducing coercing or persuading applicants not to apply or to withdraw from consideration 10 Subsection 1 prohibits discrimination as defined in Rule 1 14 1 consideration of religious or political beliefs sex race or any other non merit factors 11 Subsection m requires classified employees to assist the Civil Service Commission in effectively carrying out the Rules S 3 service rules 2009 30 January Garcia with provided was terminated from her opportunity an recommendation from her reminded in the letter Secretary Jackson conform with Appeals In Garcia on attend a hearing supervisor proposing a Chapters and 12 Civil Service a alleged 10 referee questioned was taken without whether she has otherwise afforded was no prior respond The after the notice she alleged Chapter 12 12 in required not to to to no employees was a response received an appeal impending layoff In to the Commission in under the Civil Service Rules by to amend her be summarily days not the Commission from Garcia letter from Garcia also dated March 10 2009 in which employment action against her State unwarranted was and without Civil Service Rules Garcia s regards appeal s own person against to was provides for summary disposition of an appeal on the motion when the Commission lacks jurisdiction of the subject matter or the Civil Service Rule 13 l4 d referee a longer enjoy all of the rights retaliatory for my filing other appeals of the the Civil Service written notice from the writing why her appeal should only that the without merit was the Civil Service Commission right employees classified to a to The notice advised Garcia that she had fifteen calendar 12 Garcia attend not regard Administrator Receiver of of the fact that HANO dismissed the Department of State Civil Service 2009 notice issued to Garcia March or to respond appeal of her separation from employment that she received Appointing Authority appeal was Discipline Corrective Actions Separations and 27 2009 letter to the February She Garcia Hearings of the Civil Service rules requested rules on her termination and the her termination determination s to HANO her of the termination decision that due notifying the basis that the action light to given for her termination but she did reasons 13 the Notice of Termination to According employment with whom relief is sought or when the 4 appellant has no legal right to appeal dismissed summarily decision on the by the Civil Service Commission in grounds that she did have not a March 26 2009 a right of appeal to the following by Commission Garcia appealed this dismissal assigning the errors the Civil Service Commission 1 The Commission erred in 2009 because it had and 2 was a final dismissing her appeal dated April previously 9 by the Commission been decided judgment The Commission erred in dismissing her under the HOD appeal exempting HANO employees from application of Determination Civil Service rules 3 The Commission erred in determination that HANO provides Civil Service rules dismissing her employees prohibiting racial since the HOD appeal are still covered by and sexual discrimination DISCUSSION Garcia argues that her reinstating not to be affected reasons for her a 2007 decision prior position with by the Secretary Secretary Jackson Service rules was s s by the Civil Service Commission back pay declaration decision to final and thus could was On the contrary exempt HANO from one of the most Civil that the restrictions of the Louisiana Civil Service law and the Department of State Civil Service rules impeded HANO s ability to hire fire pay and manage its employees thereby substantially impeding HOD efforts s to correct HANO from S 1437dG 3 Garcia HANO state A Secretary Jackson default civil service is s decision specifically authorized by to s exempt 42 D S C iv also alleges that the Commission erred dismissing her appeal because the grounds for her appeal 5 in summarily were sexual and discrimination from which HANO race However protection in Garcia she stated that the appeal s grounds employees February for her the Civil Service Commission also did her appeal referred she The first mention of discrimination race was race this to court in Garcia to s Commission did and against were not even err were an that she received no Her March 10 2009 letter to mention any sex or race explanation made for the first time s on of sex allegations discrimination as Because her vague in dismissing Garcia civil service requesting then the discrimination brief without any discriminated discrimination not 13 enjoy 2009 letter 27 appeal prior written notice of an impending layoff still to was was or in only vaguely how she believed allegations appeal Civil Service to of this sex court and the appeal CONCLUSION The judgment Irma Garcia assessed to s of the Civil Service Commission civil service appellant appeal is affirmed summarily dismissing Costs of this appeal are Irma N Garcia AFFIRMED 13 Although we acknowledge that the civil service notice requirements do not apply to Garcia it appears that Garcia did in fact receive prior notice of her proposed termination and an opportunity to respond An October 21 2008 letter from HANO to Garcia offered opportunity to attend a hearing to respond to the recommendation from her supervisor proposing termination for reasons outlined in the letter Garcia did not attend the hearing Garcia acknowledges receipt of this October 21 2008 letter in her brief to her an this court 6
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