Miss. Dep't. of Human Services v. McNeel
| Docket Number: | 2002-CC-01948-SCT Linked Case(s): 2002-CC-01948-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-08-2004 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Employee termination - Weight of evidence - Conflict of interest Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-18-2002 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Found the decision of the EAB to be supported by substantial evidence in that the Appellee should have been reinstated to her position after termination. Case Number: 251-01-438 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Department of Human Services |
JULIA ANN TOWNSEND
CASSANDRA S. WALTER
GLORIA GREEN |
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| Appellee: | Carolyn K. McNeel | JIM WAIDE |
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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 - Weight of evidence - Conflict of interest |
| Summary of the Facts: | The Mississippi Department of Human Services notified Carolyn McNeel that she was terminated from her position of employment with the Winston County Department of Human Services for approaching the birth mother of a child and offering her home as a permanent home for the child and for using her position to adopt a child. McNeel appealed her termination to the Mississippi Employee Appeals Board, and the hearing officer found that the action taken by the MDHS was against the overwhelming weight of the evidence. The Mississippi Employees Appeals Board and the circuit court affirmed. MDHS appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence MDHS argues that the court’s decision to uphold McNeel’s reinstatement goes against the overwhelming weight of evidence indicating that McNeel did entertain a conflict of interest and that a per se breach of MDHS policy occurred. However, McNeel’s husband did not adopt the child but was merely appointed as her guardian, which is not a permanent situation and does not prevent the child’s mother from regaining custody. MDHS also argues that it presented overwhelming evidence supporting its decision to terminate McNeel’s employment. The hearing officer in this case found that McNeel was not professionally involved with the child at the time her husband was appointed guardian and that McNeel did not discuss the child’s home situation with the natural mother until after another MDHS employee contacted Billy about taking the child. The record clearly supports the hearing officer’s findings that MDHS’s allegations are not supported by substantial evidence. Issue 2: Conflict of interest MDHS argues that McNeel committed a Group III, Number 11 offense by approaching the birth mother and offering her home to a child known to her through her professional involvement with the child’s family. However, the evidence included a letter written by the birth mother denying the allegation that McNeel approached her and also included were letters from members of the community detailing Billy’s acquaintance with the child prior to and beyond McNeel’s contact with the child as a social worker for the Winston County DHS. |
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