Miss. Dep't of Human Serv. v. McDonald
| Docket Number: | 2008-SA-00868-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-15-2009 Opinion Author: Roberts, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: State employment - Non-grievable claim - Timely disclosure of witnesses - Substantial evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, CARLTON AND MAXWELL, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 11-26-2007 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: AFFIRMED THE DECISION OF THE MISSISSIPPI EMPLOYEE APPEALS BOARD Case Number: 251-04-1206 CIV |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MISSISSIPPI DEPARTMENT OF HUMAN SERVICES |
OFFICE OF THE ATTORNEY GENERAL: KATHERINE JANE CALDWELL |
|
|
| Appellee: | PAMELA W. MCDONALD | MATTHEW YARBROUGH HARRIS | ||
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. |
|
| Topic: | State employment - Non-grievable claim - Timely disclosure of witnesses - Substantial evidence |
| Summary of the Facts: | The Mississippi Employee Appeals Board determined that Pamela McDonald was entitled to receive the appointment as the Mississippi Department of Human Services County Director for Pontotoc County. The circuit court affirmed the decision of the EAB. MDHS appeals. |
| Summary of Opinion Analysis: | The MDHS argues that McDonald’s action was “non-grievable” because the claim involved the selection of an applicant to fill a vacant position, and matters going to the selection of personnel to fill positions are not subject to EAB review. The ALJ, the EAB, and the circuit court all found McDonald’s claim was subject to administrative review because the issue McDonald raised was not whether she should have been selected to fill the position of county director; instead, the issue was whether she already had been selected to fill the position prior to a letter informing her that her selection “was null and void.” The EAB construed its limitation of what actions were non-grievable to the actual selection of an individual to fill a position, not to an individual challenging whether they had been previously selected. This construction is not an arbitrary exercise of discretion. At the hearing, the MDHS objected to McDonald calling witnesses because McDonald had failed to disclose the expected substance of the testimony of witnesses she intended to call to testify. However, the record shows that McDonald did timely disclose her list of witnesses. Although her attorney had not realized the necessity of providing “brief summaries,” the record shows that McDonald’s attorney spoke with counsel opposite more than a week before the hearing, and he disclosed the expected testimony at that time. Given that the MDHS could not have been prejudiced by McDonald’s technical failure to list brief summaries, the circuit court did not err in affirming the decision of the EAB. The ultimate factual issue in this case is whether Governor Musgrove, in the last weeks of his administration, issued a letter in which he appointed McDonald to be the MDHS county director for Pontotoc County. The parties agree in their arguments that if this fact had occurred, McDonald was entitled to the position. There is substantial evidence in the record that Governor Musgrove appointed McDonald to the position. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
