Department of General Services v. Civil Service Commission

707 A.2d 1210, 1998 Pa. Commw. LEXIS 174
Commonwealth Court of Pennsylvania·Decided March 18, 1998·Published·Cited by 1 cases

Opinion

LORD, Senior Judge.

The Commonwealth Department of General'Services (Department) petitions for review of a State Civil Service Commission (Commission) decision sustaining the appeal of Madie A. Maddox, thereby vacating her three-day suspension from employment and reinstating her for those days with full back-pay and all benefits. Another, earlier personnel action by the Department involving Maddox is the subject of a Department petition for review, which petition we also dispose of today.1

By letter dated July 13, 1995, Maddox was suspended for three days from her position as a Business Enterprise Analyst 2 in the Department’s Office of Minority and Women Business Enterprises (Office). The reasons given to Maddox for her suspension were insubordination and making false accusations against the director of the Office, Donetta D’lnnocenzo. Maddox’s immediate supervisor at the time of the incidents precipitating her suspension was John Dunlap; Dunlap’s supervisor was D’lnnocenzo, who was appointed director on May 30, 1995. A day or two after beginning her appointment, D’ln-nocenzo and Dunlap attended a presentation Maddox was giving to potential Commonwealth contract bidders. After the presentation, D’lnnocenzo advised Dunlap that Maddox made her presentation in a threatening tone and a discourteous manner. Dunlap informed Maddox of D’lnnocenzo’s comments. On June 1, 1995, Maddox initiated a meeting with D’lnnocenzo in her office to discuss the comments made. On June 20, Maddox initiated another meeting to discuss an earlier office presentation. During that meeting, D’lnnocenzo mentioned an incident allegedly reported to her in which Maddox, in front of co-workers, upbraided and degraded a temporary clerical, employee. Also during that meeting, Maddox advised D’ln-nocenzo that she had previously filed work[1211]*1211place sexual harassment charges against the former director of the Office.

The following day, DTnnoeenzo issued a written reprimand, in the form of a memorandum, sending a copy to Maddox’s supervisor, and asserting that the bases for the reprimand were that, at the June 20 meeting, certain of Maddox’s comments were “disrespectful and insubordinate;” that an incident in which Maddox raised her voice and publicly degraded another employee was “disrespectful to her and others in the office;” that Maddox “abrasively entered” D’lnnocenzo’s office on June 1 and made comments during the discussion that were inappropriate; that DTnnoeenzo expected Maddox “to carry out professional courteous presentations ... with other agencies and vendors” and that failure to do so would result in disciplinary action. The memorandum also indicated to Maddox that her personnel file contained “a history of abrasive, rude behavior to other [office] staff, outside agency staff and your supervisors.” (Memorandum of June 21, 1995, Notice of Reprimand, [Department] Exhibit No. AA-1).

Maddox responded on July 6, 1995 to DTnnoeenzo in a three-page memorandum, the subject of which was a “Rebuttal of Reprimand that was received Wednesday, June 21, 1995.” In it, Maddox asserted that D’ln-nocenzo “incited ... to intentionally and deliberately, with malice aforethought, belittle, intimidate and harass me ... through the untruths mentioned in your reprimand.” Maddox also stated, “That I initiated this discussion is the only truth you told in your reprimand.” Maddox specifically disputed all the incidents mentioned in the reprimand, including the alleged incident between Maddox and the temporary employee. Maddox ended this particular refutation of D’lnno-cenzo’s version of events with the statement “The truth appears as very, very repulsive to people who do not practice it.” Maddox characterized D’lnnocenzo’s version of Maddox’s initiation of their June 20, 1995 mee1> ing as “a complete fabrication.” Maddox also accused DTnnoeenzo of attempting to use an unofficial personal file on Maddox “to justify your false evaluation” and “to harass me.” Maddox mentioned an incident where she believed DTnnoeenzo acted “arrogantly” and characterized D’lnnocenzo’s actions as “contrary to the actions of any policy and practice dictated by the Commonwealth for a Director regarding an employee they [sic] supervise....” (Memorandum of July 6, 1995, [Department] Exhibit No. AA-2).

The Commission characterized this document as a statement of Maddox’s “objection to the reprimand statements regarding the June 20,1995 discussion;” Maddox’s “version of the June 20 discussion, complete with her detailed disagreement with each statement in the reprimand;” Maddox’s “denial of the accuracy of the quotations [attributed to Maddox] in the reprimand and her assertions that they were made in retaliation for [Maddox’s] earlier sexual harassment charges against the appointing authority.” (Finding of Fact No. 10, Commission decision of May 19, 1997). The Commission further found that DTnnoeenzo forwarded the rebuttal memo to her supervisor, the Department’s Deputy Secretary for Administration, who then referred it to the Department personnel office for disciplinary action. (Finding of Fact No. 11).

On July 13, 1995, John R. McCarty, Deputy Secretary for Administration of the Department, issued a letter to Maddox informing her of her three-day suspension and advising her (with the appropriate forms enclosed) of her right to challenge that action. In that letter, McCarty acknowledged receiving Maddox’s rebuttal memo from DTnnoeenzo and stated that “[y]our actions were both disrespectful and insubordinate.” McCarty’s letter referred to the instances in Maddox’s memo accusing DTnnoeenzo of untruths and “complete fabrication,” as well as to instances challenging DTnnoeenzo’s authority. The letter concluded:

Accordingly, you are hereby suspended without pay from your Civil Service position as a Business Enterprise Analyst 2, regular employe, in the Minority and Women Business Enterprise Office for three workdays, effective July 18, 1995. You are also advised that any recurrence of this type of conduct will result in more [1212]*1212severe disciplinary action, including termination of your employment.

([Department] Exhibit A).

The Commission heard the testimony of DTnnocenzo, Gregory Green, the personnel officer for the Department, and McCarty in support of the Department’s claim of just cause for suspension. The Commission also heard the testimony of Maddox in .opposition to the Department and in support of her claim that the suspension was discriminatory and retaliatory.

The Commission noted that no evidence was presented on Department procedure for refuting written reprimands, but assumed that written rebuttals by those given reprimands were permitted. The Commission considered the testimony of DTnnocenzo and Maddox, which centered largely on the events which led DTnnocenzo to issue her reprimand and Maddox to rebut it. On this testimony, the Commission found “[Maddox’s] testimony, relative to the events of the June 1 and June 20 meetings between herself and DTnnocenzo, credible.” The Commission then stated,

[hjavrng so found, [Maddox’s] statements in the rebuttal must be deemed statements in defense of herself, we, therefore, specifically reject the [Department’s] portrayal of these statements as either disrespectful or insubordinate_ Having found [Maddox’s] rebuttal a more accurate (albeit tactless) representation of events than the reprimand, we further find that the suspension ... has not been supported by evidence establishing good cause for suspension.

(Commission decision, pp. 10-11).

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Department of General Services v. Civil Service Commission, 707 A.2d 1210, 1998 Pa. Commw. LEXIS 174 (Pa. Ct. App. 1998).

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