Gainer v. DEPT. OF HEALTH & HOSPITALS

610 So. 2d 936
CourtLouisiana Court of Appeal
DecidedNovember 20, 1992
DocketCA911802
StatusPublished
Cited by3 cases

This text of 610 So. 2d 936 (Gainer v. DEPT. OF HEALTH & HOSPITALS) 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
Gainer v. DEPT. OF HEALTH & HOSPITALS, 610 So. 2d 936 (La. Ct. App. 1992).

Opinion

610 So.2d 936 (1992)

Geraldine GAINER, Appellant,
v.
DEPARTMENT OF HEALTH AND HOSPITALS, Central Louisiana State Hospital and Deborah Revelett, Appellees.

No. CA911802.

Court of Appeal of Louisiana, First Circuit.

November 20, 1992.

*937 Daniel E. Broussard, Jr., Alexandria, for Geraldine Gainer, appellant.

Joanne Henig, Baton Rouge, for Department of Health and Hospitals, appellee.

Deborah Revelett, pro se.

Robert R. Boland, Jr., Civ. Service General Counsel, Dept. of State Civ. Service, Baton Rouge, for Herbert L. Sumrall, Director, Dept. of State Civil Service.

Before WATKINS, CRAIN and GONZALES, JJ.

CRAIN, Judge.

Plaintiff, a registered nurse with Central Louisiana State Hospital, appeals a decision of the Civil Service Commission wherein she claims that she was the subject of age discrimination and that she was unjustly denied a promotion to the position of Registered Nurse Manager, as a result of a biased interview process, and in violation of the rules and regulations of the Department, the Civil Service Commission and union contract. We affirm the decision of the Civil Service Commission in denying the plaintiff's appeal.

*938 Plaintiff, Geraldine Gainer, at the time of this appeal had 23 years nursing and supervisory experience with the defendant hospital.

On June 10, 1990, an announcement was posted at the hospital for the position of Nurse Manager.[1] This position, which is a GS Level 20 position, requires the successful candidate to work as a nurse manager in the Adolescent Unit of the hospital (Unit 8).

On July 3, 1990, plaintiff filed an application for the position. She met the minimum qualifications, as did her sole competitor, Deborah Revelett, who had served as a nurse in this Adolescent Unit for 10 years.

In mid-August of that year Ms. Gainer was advised telephonically by the Director of Nursing, that she would be interviewed for the posted position on August 23-25, 1990.

A three member panel conducted the interviews. The panel of interviewers was comprised of Ms. Bonnie Vocque, the Mental Health Nursing Director; Dr. Walter Litwin, a psychologist and Program Director for Adolescent Children's Services (i.e., Unit 8); and Ms. Nell McGee, the hospital's Personnel Director. The interview consisted of the applicants being asked a series of questions and situational presentations. The interview materials were pre-approved by the Hospital Administrator. Each panel member scored each applicant on her response and the scores were thereafter totalled. Ms. Revelett received an overall score of 3.50 on a 5 point scale. Ms. Gainer received a 3.00 overall score. Ms. Revelett was chosen for the position.

Thereafter, Ms. Gainer filed five successive grievances with various levels of the hospital administration, all of which were individually denied.

On September 21, 1990, she filed this appeal with the State Civil Service Commission seeking promotion to the subject Nurse Manager position. An amendment to the appeal was filed October 19, 1990, in response to a notice of defective appeal alleging vagueness.

The matter was heard before the Civil Service Commission on March 19, 1991.

At the outset of the hearing, the Referee granted an oral Motion for Summary Disposition of the allegations of age discrimination. Testimony was elicited from the plaintiff and the Hospital Administrator, Donna Bourque, concerning the allegations of rules violations. Thereafter the Commission granted the defendants' motion for dismissal of the remainder of plaintiff's case. The Commission found that the plaintiff had failed to prove this aspect of her case.

On April 24, 1991, the Commission issued written reasons for its decision. On appeal we are asked to decide whether the trial court erred in finding plaintiff had failed to prove her case of age discrimination and rules violations, and, in summarily dismissing these claims.

AGE DISCRIMINATION

Plaintiff first contends that the Commission's actions in entertaining the defendants' oral motion for dismissal of her claims of age discrimination is error. She argues that, according to Civil Service Rules, such a motion must be in writing.

The purpose of civil service rules is to promote the merit system, to guarantee the welfare and security of public service and to protect public career employees from discrimination. Dept. of Corrections v. Pickens, 468 So.2d 1310 (La.App., 1st Cir., 1985).

The Commission has much discretion in the conduct of its hearings. Pembrick v. Charity Hospital of Louisiana at New Orleans, 268 So.2d 265 (La.App. 1st Cir., 1972), writ refused, 263 La. 989, 270 So.2d 123 (La.1972). Administrative agencies can interpret their own rules and their rules have the effect of law. Department of Health and Human Resources, Office of Family Security, 423 So.2d 1266 (La. App., 1st Cir., 1982). Civil Service rules should be construed according to rules of *939 interpretation applicable to legislation in general. Department of Health v. Perry, id. The courts will interpret statutes in light of their true intent and so as to avoid absurd results. Department of Health v. Perry, id. As long as state civil service rules are reasonable and not in violation of basic constitutional rights, they must be enforced by the courts. Sutton v. Dept. of Public Safety, 340 So.2d 1092 (La.App. 1st Cir., 1976); Dept. of Corrections v. Pickens, id.

Civil Service Rule 13.14(a) provides for summary dispositions in certain instances. The Rule specifies the following:

Rule 13.14(a) At any time after the docketing of an appeal a written request may be filed by any interested party for summary disposition thereof on any of the following grounds ... (Emphasis Added).

In this case an oral motion for summary disposition was made, at the hearing, by the defendant, on the issue of age discrimination. Plaintiff objected to the form of the motion and argued that the motion should be written. In response, the Referee stated: "I believe it is discretionary. I believe it says `may'." In concluding that the motion would be allowed, the Referee reasoned as follows:

REFEREE: No. The Commission has always interpreted that Rule that to be read as, you may file[d] a written Motion before a hearing because that is the only way you can be heard on your Motion is to file[d] it in writing. But they have also always held that a Motion may be filed orally on the date and at the time of hearing as well. The remedy in the case of a Motion which requires testimony or the presentation of evidence is for the opposing party to allege surprise, lack of witnesses; therefore, no way to go forward with the Motion at that time. The nature of this Motion is strictly on the pleadings. There is no surprise involved. Therefore, I will hear the Motion on it.

It is apparent that the Commission has interpreted this Rule as permissive, so as to allow oral motions during the hearing and written motions prior to such a hearing. This is a reasonable interpretation, by the Commission, of its own rules. It is reflective of the true intent of the Rule and it does not offend the clear language of the Rule. As such, this Rule has the effect of law and will be so enforced by this Court. Moreover it is in accord with the recent decisions of this Court in Greenleaf v. DHH Metropolitan, 594 So.2d 418 (La.App. 1st Cir., 1991), writ denied, 596 So.2d 196 (La., 1992).

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