Roberts, et al. v. Miss. Dep't of Pub. Safety
| Docket Number: | 2001-CC-01349-COA Linked Case(s): 2001-CT-01349-SCT ; 2001-CT-01349-SCT ; 2001-CC-01349-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-04-2003 Opinion Author: Irving, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Employee termination - Jurisdiction - Exhaustion of administrative remedies - Time for appeal - Section 25-9-129 - Section 10.40.24 of the Mississippi State Personnel Board Policy and Procedures Manual Judge(s) Concurring: McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, MYERS, CHANDLER AND GRIFFIS, JJ Procedural History: Dismissal Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Party Name: | Attorney Name: | |||
| Appellant: | BRENDA N. ROBERTS AND TERESA ANN
COCHRAN
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S. CHRISTOPHER FARRIS |
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| Appellee: | MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY | JAMES W. YOUNGER JOANNA E. BUSBY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Employee termination - Jurisdiction - Exhaustion of administrative remedies - Time for appeal - Section 25-9-129 - Section 10.40.24 of the Mississippi State Personnel Board Policy and Procedures Manual |
| Summary of the Facts: | Brenda Roberts and Theresa Cochran were terminated by the Mississippi Department of Public Safety for Class Three Offenses. A hearing officer for the Mississippi Employee Appeals Board affirmed the Department’s decision, and the full Board dismissed their appeal because it was not timely filed. Roberts and Cochran sought judicial relief in Forrest County Circuit Court. The trial court failed to rule on their appeal and on a motion filed by the Department seeking a dismissal of the appeal. Roberts and Cochran appeal. |
| Summary of Opinion Analysis: | Roberts and Cochran argue that a decision by an individual hearing officer is a final decision since the Board has a choice of hearing an appeal en banc or through a hearing officer. Section 25-9-129 provides that hearings before the Employee Appeals Board shall be conducted as provided in state personnel board rules. Section 10.40.24 of the Mississippi State Personnel Board Policy and Procedures Manual provides that a party aggrieved by the final written decision and order of a presiding hearing officer may file a written request for review by the full board within ten days after the date the final order is filed. A state civil-service employee who has been dismissed from employment must exhaust her administrative remedies before seeking judicial review. Because a total of fifteen days had elapsed between the order and Roberts and Cochran's appeal, the Board correctly dismissed their appeal. By failing to exhaust their administrative remedy, Roberts and Cochran forfeited their right to seek judicial redress. Therefore, their appeal is dismissed for lack of jurisdiction. |
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