District of Columbia General Hospital v. District of Columbia Office of Employee Appeals

548 A.2d 70, 1988 D.C. App. LEXIS 160, 1988 WL 103104
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 16, 1988
Docket87-356
StatusPublished
Cited by7 cases

This text of 548 A.2d 70 (District of Columbia General Hospital v. District of Columbia Office of Employee Appeals) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
District of Columbia General Hospital v. District of Columbia Office of Employee Appeals, 548 A.2d 70, 1988 D.C. App. LEXIS 160, 1988 WL 103104 (D.C. 1988).

Opinions

BELSON, Associate Judge:

Appellant, District of Columbia General Hospital (“D.C. General”), appeals from an adverse ruling of the Superior Court in its review of a decision by the District of Columbia Office of Employee Appeals (“OEA”). The Superior Court upheld OEA’s determination that D.C. General failed to carry its burden of proving that appellee, Geraldine Gaines, a security guard at the hospital, was guilty of dishonesty. On appeal, D.C. General’s principal contentions are that (1) the OEA final order is invalid because it was issued by a hearing examiner who had replaced the examiner who actually had heard the testimony, and (2) the OEA decision is not supported by the evidence adduced at the hearing. Although we conclude that D.C. General waived challenge to the substitution of hearing examiners by failing to raise this issue earlier in these proceedings, we hold that the evidence adduced in the administrative hearing is not adequate to support OEA’s decision in favor of Gaines. Accordingly, we reverse.

[71]*71I.

On December 17,1982, Geraldine Gaines, employed as a security guard at D.C. General Hospital, was dismissed on charges of dishonesty1 flowing from an August 1982 incident involving a $150.00 money order taken from Larry Bowden’s lost or stolen wallet. Gaines appealed her dismissal to the Office of Employee Appeals, and the facts set forth below were adduced at an evidentiary hearing.

Bowden went to D.C. General around 8:00 a.m. on August 16, 1982. Some time after he left the hospital he realized that he was no longer in possession of his wallet, which contained a blank money order for $150.00. Gaines had been on duty at the hospital since 7:30 a.m. Later that day, the wallet, but not the money order, was recorded in the hospital’s lost and found log. No name appeared indicating who had found the wallet and turned it in; Gaines denied that she recorded the entry.

Bowden reported the loss to the police, and telephoned the money order company in order to stop payment. The company informed Bowden that it did not have a stop payment policy, but that if he could provide the serial number of the money order, for a two dollar fee the company would mail him a copy of the money order if and when it was cashed. Bowden did not know the number of the money order so he went back to the convenience store where he had purchased it, along with a second one for $50.00, the previous day. Bowden knew the serial number of the $50.00 money order because he had already spent it and retained a receipt which bore the serial number. The clerk at the convenience store readily determined which two money orders Bowden had purchased because the store maintained a log of money order sales in which the clerk would write the date of purchase, serial number, and money order amount. Only one money order had been sold in each of the two amounts purchased by Bowden, and Bowden had the serial number for the $50.00 money order, so it was simple to determine the serial number of the $150.00 money order. At Bowden’s request, the store’s manager reviewed the log to confirm that only one money order each had been sold in the amounts of $50.00 and $150.00.

About a week later, Bowden received a photocopy of the cashed $150.00 money order bearing the serial number Bowden had supplied to the company. The money order bore the name of the individual who cashed it, Benjamin Andrews. Bowden soon ascertained that Benjamin Andrews was an employee of D.C. General Hospital. Bowden turned this information over to the police and explained to Officer Pauline Howard that he was not interested in pressing charges, but only in getting his money back.

Officer Howard contacted Benjamin Andrews, who stated that on August 17,1982, Gaines gave him a blank $150.00 money order which she asked him to cash. Gaines had worked for Andrews in the hospital housekeeping department before she joined the security force. Officer Howard and Roy Bowden,2 Hospital Investigator at D.C. General, then met with Gaines. Officer Howard read Gaines her rights and, according to Bowden, Gaines stated that the money order was “sent to her ... in the mail from her child’s father for child support. That’s how she came about the money order.” Officer Howard asked if Gaines could provide the telephone number of the child’s father to verify his having sent the money order, and Gaines gave Officer Howard a phone number to call but nobody answered the phone.3 Officer Howard [72]*72then told Gaines that Larry Bowden stated that if restitution was made of the $150.00, he would not press charges. Subsequently, Officer Howard arranged a meeting between Gaines and Larry Bowden and, according to Bowden, Gaines said something to the effect that she “believed that it was a misunderstanding that the money order— in which the $150.00 money order was given to her by an associate in reference to a child support payment.”

Gaines testified that she got the money order “from my daughter’s father for child support,” and that she first received it when she went home to check her mail during her lunch hour on August 16. Other testimony by Gaines and the testimony of Andrews support the hearing examiner’s finding that Gaines indicated the time of receipt as August 17th, rather than August 16.4 Gaines asked Andrews to cash the money order because, by the time she returned from checking her mail, her lunch hour was over but Andrews was just beginning his and was willing to cash it. Gaines testified that she agreed to pay the $150.00 to Bowden because she “had a nine year-old daughter at home and if he had prosecuted, not saying that he would have, then that meant they would have to lock me up and I probably would have lost my commission and my job. Because I had just gotten a waiver to get my commission.”5 Asked to explain how it was possible that she received in the mail on the 16th a money order Bowden had himself only purchased on the 15th and lost on the 16th, Gaines replied, “I don’t know. But it only takes one day for mail to go. If you drop your mail in by 5:00 this evening, you will have it tomorrow morning.”

The proceedings that led to this appeal began shortly after D.C. General terminated Gaines’ employment on the basis of dishonesty. On December 27, 1982, Gaines appealed the hospital’s decision to the Office of Employee Appeals (“OEA”), and hearings were held on October 18 and November 6, 1984. By letter dated April 16, 1985, OEA advised the parties that the case had been reassigned to a substituted hearing examiner because the original examiner had resigned. The letter stated that

the fact that cases are being reassigned does not mean that the entire adjudicatory process will begin anew. In some appeals, the record is complete and no further proceedings or documents will be required. In other cases, additional information or supplemental proceedings may be required.

By initial decision dated August 5, 1985, which became final on August 20,1985, the OEA reversed the hospital’s dismissal of Gaines, ordering that she be reinstated with all salary and leave benefits. Notably, D.C. General raised no objection to substitution of hearing examiners throughout the nearly four months between the April letter and the August decision of the substituted hearing examiner.

D.C.

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Bluebook (online)
548 A.2d 70, 1988 D.C. App. LEXIS 160, 1988 WL 103104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/district-of-columbia-general-hospital-v-district-of-columbia-office-of-dc-1988.