Cnty. of L. A. Dep't of Pub. Soc. Servs. v. Civil Serv. Comm'n of L. A. Cnty.

247 Cal. Rptr. 3d 147, 35 Cal. App. 5th 273
CourtCalifornia Court of Appeal, 5th District
DecidedMay 15, 2019
DocketB282614
StatusPublished
Cited by1 cases

This text of 247 Cal. Rptr. 3d 147 (Cnty. of L. A. Dep't of Pub. Soc. Servs. v. Civil Serv. Comm'n of L. A. Cnty.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cnty. of L. A. Dep't of Pub. Soc. Servs. v. Civil Serv. Comm'n of L. A. Cnty., 247 Cal. Rptr. 3d 147, 35 Cal. App. 5th 273 (Cal. Ct. App. 2019).

Opinion

LUI, P. J.

*149*276In this case we must determine whether the Los Angeles County Civil Service Commission (Commission) has jurisdiction to rule on matters not delegated to it by the Charter of the County of Los Angeles (Charter). We conclude the Commission's special and limited jurisdiction does not extend to such matters.

Appellant Linda Hoa worked for the County of Los Angeles (County) for almost 30 years. As a County employee, Hoa was subject to the County's Civil Service Rules.1 In this appeal, Hoa challenges the trial court's judgment *277reversing the Commission's order entitling her to a medical reevaluation under Rule 9.07B. In pertinent part, Rule 9.07B provides: "An employee may request, or an appointing authority may, with the consent of the director of personnel, require an employee to have a medical reevaluation."

The respondents on appeal are the County Department of Public Social Services (Department) and the County Chief Executive Office. Although respondents argue the trial court correctly construed Rule 9.07B, they contend the trial court erred in finding the Commission had jurisdiction to issue its ruling in Hoa's favor.

As explained below, although we disagree with the trial court's ruling on jurisdiction, we agree with the trial court's interpretation of Rule 9.07B.

BACKGROUND

1. Hoa's Medical Leaves of Absence and Requests for Medical Reevaluation

Because this appeal primarily concerns issues of statutory construction, we recite the factual background only briefly.

Beginning in 2010, and as a result of a serious medical condition, Hoa took a number of extended medical leaves from work. In early 2013, Hoa believed, and her doctor reported, she was able to return to work with workplace accommodations. When Hoa reported for work, however, the County did not allow her to work. Instead, under Rule 9.07B, the County required Hoa to submit to a medical reevaluation, which she did in May 2013.2 The County agency responsible for handling Rule 9.07B medical reevaluations is Occupational Health Programs.

A County clinical psychologist with Occupational Health Programs conducted the medical reevaluation. The psychologist determined Hoa suffered from a "chronic and persistent psychological condition" that had "caused her to miss an extraordinary amount of time from work over the past several years." The psychologist also reported that, when at work and "despite numerous accommodations that the department has made (such as assigning [Hoa] only a small fraction of the caseload that other co-workers carry), [Hoa's] performance *150has been unsatisfactory and punctuated by complaints from participants." As a result of the May 2013 medical reevaluation, Occupational Health Programs determined "Hoa's psychological condition impairs her ability to think clearly or carry-through with an activity. From a *278practical standpoint, she is unable to effectively interact with others or in situations that require her to perform even the most rudimentary tasks. Due to the severity of her illness, Ms. Hoa is unable to perform any of the essential job duties of her current, or any other, position presently and in the foreseeable future."

As a result of the medical reevaluation findings and after holding an "interactive process meeting" with Hoa, the Department notified Hoa by letter dated August 7, 2013, that she was "unfit for duty and [was] unable to perform the essential functions of [her] position or of any other position at this time and for the foreseeable future." The letter also stated, "If your medical condition improves sufficiently enough that you are able to return to work and perform the duties of your position, and if you provide evidence of your improvement you can be reinstated within two years. Reinstatement is at the discretion of [Occupational Health Programs] based on a re-evaluation of your fitness-for-duty."

In September 2013 following the Department's unfit-for-duty determination, Hoa requested a medical reevaluation under Rule 9.07B. Although Hoa made additional requests for a medical reevaluation, the County responded to only one, declining it, and did not respond to others.

2. Administrative Proceedings, Hearing, and Decision

a. Hoa's Appeal and Request for a Hearing

Following the denial of her requests for medical reevaluation, rather than seek mandamus Hoa appealed to, and requested a hearing before, the Commission. In her June 24, 2014 appeal letter, Hoa requested the Commission grant a hearing on the following three issues: "1. Are the allegations in the Department's [confirmation of interactive meeting] letter dated August 7, 2013 true? [¶] 2. Did the Department violate Civil Service Rule 25 by discriminating against Appellant due to medical condition? [¶] 3. If so, what is the appropriate remedy." The next month, in July 2014, Hoa filed an amended appeal with the Commission. In her amended appeal letter, Hoa requested the Commission grant a hearing on the same three issues identified in her June 2014 appeal letter.

The Commission granted Hoa a hearing on her appeal. However, in a January 14, 2015 "special notice" the Commission certified only two issues for consideration. Those issues were: "1. Was there a violation of Civil Service Rule 9.07(B)? [¶] 2. If so, what is the appropriate remedy?" It is *279undisputed the Commission did not certify any issue addressing or concerning discrimination. The special notice also advised the parties that the facts or contentions at issue "must fall within the scope of the hearing as defined by the Commission."3 *151b. The Hearing

A hearing officer was appointed to preside over the administrative hearing, which was held over the course of three days in February and March 2015. Dr. Sepideh A. Souris, the chief of psychology from Occupational Health Programs, and Sherise McDowell-English, from the Department's human resources division, testified for the Department. Hoa testified on her own behalf.

On the first day of the hearing, the Department filed a motion to dismiss the appeal, claiming the Commission lacked jurisdiction and could not order any effective relief because Occupational Health Programs was not a party to the appeal. The hearing officer granted Hoa two weeks to respond to the motion, which she did. On the second day of the hearing, the hearing officer denied the Department's motion to dismiss, stating the motion should have been filed earlier and with the Commission (as opposed to with the hearing officer). The hearing officer delayed deciding whether effective relief could be awarded until after the hearing concluded.

In her closing brief, Hoa argued among other things that she had an "unconditional," "absolute," and "unqualified right" to a medical reevaluation under Rule 9.07B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Amezcua v. L.A. County Civil Service Com.
California Court of Appeal, 2020

Cite This Page — Counsel Stack

Bluebook (online)
247 Cal. Rptr. 3d 147, 35 Cal. App. 5th 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cnty-of-l-a-dept-of-pub-soc-servs-v-civil-serv-commn-of-l-a-calctapp5d-2019.