Pepper v. City of Jackson
| Docket Number: | 2011-CC-00329-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Civil Service Commission - Suspension from employment - Violation of rules - Failure to follow proper procedure Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-29-2011 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: AFFIRMED SIXTY-DAY SUSPENSION OF APPELLANT Case Number: 251-07-467CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Helen Pepper |
EARNESTINE ALEXANDER |
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| Appellee: | City of Jackson, Mississippi | JAMES ANDERSON, JR. PIETER JOHN TEEUWISSEN | ||
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: | Civil Service Commission - Suspension from employment - Violation of rules - Failure to follow proper procedure |
| Summary of the Facts: | Helen Pepper was employed with the Department of Administration of the Municipal Court for the City of Jackson. Her duties as municipal court clerk included processing affidavits, assisting police officers, and collecting, counting, and depositing money. All clerks for the City of Jackson were required to follow specific procedures for counting the money collected and bagging and depositing the money in a drop box. On November 1, 2004, Pepper failed to follow the specific procedures. On November 2, 2004, two accounting clerks retrieved Pepper’s money bag from the drop box to verify the bag’s contents. Both accounting clerks counted the money in Pepper’s bag and found that the bag was short by $1,531.06. The City placed Pepper on a sixty-day suspension without pay, effective April 11, 2005, for failure to follow proper procedure in handling the money. The City found Pepper in violation of Civil Service and Personnel Rules. Pepper appealed her suspension pro se to the Civil Service Commission. The Commission found that Pepper had violated Civil Service and Personnel Rules by not following proper procedure and upheld her suspension. Pepper appealed to circuit court which affirmed. Pepper appeals. |
| Summary of Opinion Analysis: | Pepper argues there was no substantial evidence to support the Commission’s finding that she violated Civil Service and Personnel Rules. She also argues the Commission acted in a manner that was arbitrary, unreasonable, and capricious. During the hearing before the Commission, several witness provided testimony regarding the proper procedure clerks must follow when depositing money. Among these witnesses were Pepper’s supervisor, Everett; the court administrator, Banks; and a deputy clerk, Jemison. Each witness stated that the procedure requires the depositing clerk to have another clerk witness the counting of the money. After this step, the depositing clerk must have the witnessing clerk accompany her to the back of the office to deposit the money bag into the drop box. These steps are then verified by signatures of both the depositing clerk and witnessing clerk. According to Jemison, these steps were not followed, as Jemison admitted to falsifying the verification form. Pepper does not deny the fact that Jemison did not witness her count the money or accompany her to deposit the money bag. Instead, Pepper asserts that she should not be held responsible for the action or non-action of Jemison. But Pepper is not being held responsible for the action or non-action of Jemison. Pepper was disciplined for failing to follow proper procedure when handling money. According to the City of Jackson, failure to follow proper procedure when handling money constitutes incompetence, inefficiency, and negligence in the performance of duties. These are violations of Civil Service and Personnel Rules. Based on these facts, substantial evidence existed to support the circuit court’s ruling. For the first time on appeal, Pepper contends her suspension was politically motivated due to a previous complaint she filed with the Equal Employment Opportunity Commission against Banks. In Pepper’s brief, she also contends the suspension constitutes “double jeopardy.” Both of these issues are procedurally barred, as they were never brought before the Commission. |
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