Preview:

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON
February 17, 2005 Session WANDA SHAW v. SHELBY COUNTY GOVERNMENT
A Direct Appeal from the Circuit Court for Shelby County No. CT-005574-02 The Honorable Kay S. Robilio, Judge

No. W2004-01110-COA-R3-CV - Filed April 22, 2005

Shelby County employee appealed denial of review by the County's Civil Service Merit Board following elimination of her position. The Shelby County Circuit Court affirmed the denial of a review by the Board because employee's position was eliminated due to loss of funding as opposed to disciplinary action against her. Employee appeals. We affirm.

Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Circuit Court Affirmed

W. FRANK CRAWFORD , P.J., W.S., delivered the opinion of the court, in which DAVID R. FARMER , J. and HOLLY M. KIRBY , J., joined. Emma L. Cole of Memphis For Appellant, Wanda Shaw Brian L. Kuhn, Shelby County Attorney; Robert B. Rolwing, Senior Assistant County Attorney, For Appellee, Shelby County Government OPINION This case was submitted to the trial court upon Stipulations of Fact. For purposes of consistency, we reproduce those facts herein: 12. Wanda Shaw ["Plaintiff," or "Appellant"] began service with Shelby County Government ["Defendant," or "Appellee"] as a

durational1 employee in the Private Industry Council Grants program, in the classified Civil Service Merit System on March 1, 1985, completing her six (6) month probationary period on August 1, 1985. 13. In 1996, Wanda Shaw applied, qualified for, and was selected for an Accounting position in the Shelby County Tax Assessor's Office. She began her position in the Assessor's Office on June 15, 1996, and served a six (6) [month] probationary term, becoming a regular permanent employee in the Civil Service Merit System.2 14. Wanda Shaw's position in the Tax Assessor's Office was eliminated pursuant to a reduction in force on June 11, 1999, and pursuant to preferential placement rights was placed back into the position in the Private Incentive Program. 15. Shelby County, by letter dated June 11, 1999, stated that it "will honor all benefits and other commitments made to [Wanda Shaw], and your civil rights will be protected."3
The Shelby County Government Personnel Management System, a handbook made pursuant to the authority of the Civil Service Merit System to make personnel policy and rules, defines a durational employee as follows: "Durational employee" - - An employee who is employed for a specific period (i.e. grant, contract or project) of twelve months or longer. Durational employees receive all benefits and are considered to be in the classified service and the equivalent of permanent employees except for the term nature of their employment. The Shelby County Government Personnel M anagement System handbook defines "permanent employee" as follows: "Permanent employee" - - An employee whose permanent status has been approved at the completion of the original employment probationary period and is eligible for all benefits and rights under the Civil Service System.
3 2 1

This letter, from Rita Clark, Assessor of Property, to W anda Shaw, dated June 11, 1999, reads, in pertinent part, as follows: W ith the current budget cutbacks in Shelby County Government, it has become necessary for us to restructure our operations to complete the 2001 Reappraisal in a timely and efficient manner. After carefully reviewing all departments within our office, we are eliminating the six Accountant B positions in Personal Property. The audit work performed by these positions will be outsourced along with the larger accounts now being handled by an outside firm. (continued...)

-2-

16. On June 16, 2000, Wanda Shaw was hired as a durational employee as a Grants Coordinator for a Juvenile Accountability Incentive Block Grant (JAIBG), within the Shelby County Revenue Department. 17. Wanda Shaw was informed by memorandum dated, August 3, 2001, that her position with the Shelby County Revenue Department would end on September 30, 2001, because the grant which funded the JAIBG program would no longer be received by Shelby County.4 18. Wanda Shaw was terminated from that position on September 30, 2001. 19. On October 3, 2001, Wanda Shaw sent a request to the Shelby County Civil Service Merit Board, to appeal her termination to that Board.5
3

(...continued) Jay Bailey, our Director of Personnel, has already met with County Personnel officials to put your name on the priority list for other Accountant B positions within County Government. They will help us move you into openings as they occur. This decision was not made easily or lightly. W e weighed all the options available and made our decision based on what was best for the overall operation and our obligation to taxpayers. I appreciate your contributions to this office and will support your efforts to move on within Shelby County Government. W hile June 11, 1999 will be your last day at work, you will be paid through July 15, 1999, with the full amount included on your June 30 paycheck. We will honor all benefits and other commitments made to you, and your civil service rights will be protected.

4

The Memorandum from Martha Lott, M anager, to W anda Shaw, dated August 3, 2001, reads, in relevant part,

as follows: This memo is to inform you that the JAIBG Coordinator position will end September 30, 2001. This position will not be refunded with FY 2000 JAIBG funds. I talked with Danny Kail and Jim Martin who state that you applied for and were hired into a durational position at PIC. Due to the durational status, there are no preferential hiring rights. A letter from Mark Allen, attorney, to Trish Monteil, Assistant Secretary for the Civil Service Merit Board, dated October 3, 2001, reads, in pertinent part, as follows: (continued...)
5

-3-

20. On October 4, 2001, Danny Kail, then Shelby County Administrator of Personnel, sent a letter denying Wanda Shaw's request for appeal, stating that since Wanda Shaw was not terminated for disciplinary reasons, "she is not eligible to appeal to the Civil Service Merit Board."6 21. The Administrator of Personnel also stated in the October 4, 2001 letter that Wanda Shaw was a durational employee and therefore had no placement rights.7 (Citations to Record omitted). On September 30, 2002, Ms. Shaw filed a "Complaint for Violation of Due Process"against the Shelby County Government. Concerning causes of action, Ms. Shaw's Complaint reads as follows: 16. The Defendant's stated reason that the funding for the Plaintiff's position was no longer available was not the true reason for the Plaintiff's termination and the Defendant acted in bad faith to avoid

5

(...continued) I hereby appeal the termination of M s. W anda Shaw from Shelby County Government effective September 30, 2001 and request a hearing before the Shelby County Civil Service Merit Board. This letter reads, in relevant part, as follows: The Shelby County Employee Handbook (p. 34) states the following: "Civil Service M erit Board

Download ShawWOPN.pdf

Tennessee Law