Brumfield v. Department of Transportation & Development

498 So. 2d 153, 1986 La. App. LEXIS 8294
CourtLouisiana Court of Appeal
DecidedNovember 12, 1986
DocketNo. 85 CA 0886
StatusPublished

This text of 498 So. 2d 153 (Brumfield v. Department of Transportation & Development) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brumfield v. Department of Transportation & Development, 498 So. 2d 153, 1986 La. App. LEXIS 8294 (La. Ct. App. 1986).

Opinion

CRAIN, Judge.

This is an appeal from a decision by the State Civil Service Commission upholding appellant’s termination.

FACTS

Paul D. Brumfield was promoted from Accountant II to Accountant III on January 3, 1983. As the Federal Grants Accountant for the Department of Transportation and Development (DOTD), Brum-field’s primary duties were to pay the bills submitted; obtain reimbursement for those bills from the appropriate federal grant; and maintain and provide financial records and statements in support of those expenditures.

By memorandum date,d October 19, 1983, to Jerry Jones, DOTD Financial Services Administrator, Sharon L. Penney, Grants Administrator, expressed her concern that the timeliness and quality of the work of the grants accounting section had “deteriorated to a marked degree.” As a result of this memorandum, Jones assigned Jo Ann Felder (the former Grants Accountant)to determine the status of the grants accounting section. Felder discovered evidence of Brumfield’s failure to follow prescribed accounting procedures. Brumfield was terminated on November 17, 1983. After a hearing before a referee, the Civil Service Commission (Commission) upheld Brumfield’s termination. From this ruling Brumfield appeals alleging four assignments of error.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

In the first, second, and third assignments of error appellant alleges that the Commission’s findings of fact and conclusions of law are clearly erroneous; the termination was without cause; and Brum-[155]*155field’s conduct did not impair the efficiency of the DOTD.

The following findings of fact were made by the referee and adopted by the Commission:

1. The parties stipulated that the April 4, 1983 memorandum to appellant from Jerry D. Jones was not a disciplinary action. This memorandum states that appellant was given an unspecified assignment approximately two months before, that appellant was told on March 28,1983 that the deadline for that assignment would be March 31, 1983 and that the deadline had been extended until 4:15 p.m. on April 4, 1983, because appellant did not meet the March 31,1983 deadline. The letter further states that any other instances or altercations with appellant’s supervisors about his work would result in disciplinary action.
2. By letter dated July 11, 1983, appellant was suspended for eight hours on July 12, 1983, because appellant refused to communicate with his supervisors, repeatedly answered “I don’t know” to questions, had answered questions from the supervisors in a disrespectful manner and had not followed Mr. Sanford’s instructions and had wasted considerable time and effort.
3. In January, 1983, appellant was promoted to the Accountant III position and was trained concerning all aspects of his duties for three to four weeks by the previous incumbent. During his training, appellant tapped his pencil, failed to pay attention, appeared to be disinterested, asked few questions and took only sketchy notes, notwithstanding the fact that he had been instructed to take detailed notes.
4. As an Accountant III, appellant was responsible for the federal grants area, which consisted of approximately one hundred and sixty grants, each of which could include a number of state projects. During the time he occupied the Accountant III position, the federal grants for which appellant was responsible totaled approximately sixty-six million dollars.
5. Appellant’s duties included receiving invoices and verifying the information thereon, processing approximately ten to twenty-five invoices for payment per day, checking the balances of each grant, preparing letters of credit, billing federal grants and preparing quarterly reports on each grant.
6. The last date on which appellant posted project costs are as follows:
PROJECT NO. POSTING DATE
700-15-94 1/31/83
700-16-04 1/31/83
700-16-07 1/31/83
736-07-07 1/31/83
736-07-25 1/31/83
736-08-11 1/31/83
These last postings by appellant were done in connection with his on the job training for his new position. Appellant should have continued to post these projects on a monthly basis, and failed to do so for the months of February through October, 1983.
7. On Federal Railroad Administration Project No. PR-LA-81, appellant made certain payments by voucher number fifty-three dated January 21, 1983. Included in that same billing voucher was a payment made on FRA Project No. LRSA-LA-82(01), for which payment was made on January 17, 1983. Appellant, however, posted the date of the payment on Project No. PR-LA-81 as January 11, 1983 on the grant control ledger sheet and posted that same date on the letter of credit draw down ledger sheet for voucher number fifty-three.
The draw down sheets were used as a handy reference, which allowed information to be obtained with little or no research. The posting by appellant of these wrong dates gave the appearance that monies were drawn down before they were spent, which is illegal.
8. Appellant paid two standard state invoices for Project No. PL-7-LA-01 on April 6, 1983, in the total amount of $3,608.08 and paid a standard state invoice for Project No. LRSA-LA-82(01) [156]*156on April 7, 1983 in the amount of $3,344.29. These invoices were drawn against a letter of credit by voucher number fifty-eight, dated May 9, 1983.
Appellant had been instructed to draw down invoices against letters of credit when the invoices totalled five thousand dollars.
9. Appellant paid two standard state invoices for Project No. PR-LA-81, one invoice being paid on March 24, 1983, in the amount of $56,370.00 and the other being paid on April 7, 1983, in the amount of $14,624.00. These invoices were drawn against a letter of credit by voucher number fifty-nine, dated May 13, 1983.
10. Appellant paid two state invoices on March 15, 1983 and two state invoices on March 25,1983 on Project No. LA-03-0024, totalling at least $1,293,324.81. These invoices were drawn against a letter of credit by document number eighty-six on April 26, 1983.
Appellant’s failure to timely draw down the amounts referred to in Findings of Fact numbers 7, 8 and 9 caused a loss of interest on these amounts for the period of time during which appellant failed to draw down these amounts, and could have caused a loss of each letter of credit.
11. In voucher number fifty-six, dated March 3, 1983, for Project Nos. PL-LA-80, PR-LA-80(01) and PR-LA-81, a total of $4,121.85 was billed to the federal government. The federal share of these projects was only $3,297.49, which is the amount that should have been billed.
The state incorrectly received both the state and federal shares, which could have resulted in the loss of the letter of credit.
12. In request for payment on letter of credit number eighty-four, dated March 3, 1983, for Project Nos.

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Bluebook (online)
498 So. 2d 153, 1986 La. App. LEXIS 8294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brumfield-v-department-of-transportation-development-lactapp-1986.