Gandy v. State Civil Service Commission

498 So. 2d 765, 36 Educ. L. Rep. 528, 1986 La. App. LEXIS 8440
CourtLouisiana Court of Appeal
DecidedSeptember 29, 1986
DocketNo. CA841412
StatusPublished
Cited by5 cases

This text of 498 So. 2d 765 (Gandy v. State Civil Service Commission) 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
Gandy v. State Civil Service Commission, 498 So. 2d 765, 36 Educ. L. Rep. 528, 1986 La. App. LEXIS 8440 (La. Ct. App. 1986).

Opinion

SHORTESS, Judge.

Twenty-nine Department of Education employees1 filed an appeal with the Civil Service Commission alleging that the criteria used in computing pay eligibilities were discriminatory because they were based on non-merit factors. The Commission’s public hearing on August 7, 1984, was limited to consideration of a motion for summary disposition filed by the Department of Civil Service. Finding that the appellants were alleging that the criteria were discriminatory rather than that the criteria were being applied in a discriminatory fashion, the Commission declined to hear the cases in its quasi-judicial capacity or to amend the criteria in its legislative capacity. Twenty-one employees (appellants) brought this appeal.

[766]*766Many unclassified Education Department positions were placed in the classified State service effective August 3, 1982. Civil Service Rule 6.28(a) was used to set pay for incumbents in those positions. On February 7, 1984, the Commission was asked by the Department to interpret Civil Service Rule 6.28(a)(1)2 to allow consideration of “prior service” for the purpose of computing pay eligibilities. The State Civil Service Director communicated the Commission’s interpretation to the Department in a February 20, 1984, letter, part of which follows:

However, the Commission unanimously adopted a Motion whereby it agreed to recognize employment in schools of Parish and City School Boards and in parochial and private elementary and high schools in the State as constituting prior service that may be considered under Rule 6.28(a)(1) for establishment of pay step eligibilities, subject to the following conditions:
—This service applies only to those employees whose positions were converted from unclassified to classified positions in the Department of Education on August 3, 1982, and —The prior employment must have been as a teacher, administrator or supervisor with any Louisiana Parish or City School Board, or of a State approved private or parochial elementary or high school within the State, and
—The employee must have held a valid Louisiana Teaching Certificate during the period being counted.

Employees in the positions of Education Specialist II and III (in the Bureaus of Food and Nutrition Services and Research and Development), Administrative Officer, Education Academic Supervisor, Education Administrator II and III, Executive Assistant in Food and Nutrition, Academic Supervisor of Child Welfare and Attendance, and Assistant Director of Vocational Education alleged that they were being discriminated against because they (1) were hired after August 3,1982; (2) had taught in Louisiana public or private colleges or universities; (3) had worked or taught out>of-state in public or private schools (with certification), colleges, or non-teaching jobs; (4) had taught out of the country; (5) had worked or taught in either vocational-technical schools or non-academic jobs in Louisiana; (6) had the Louisiana Department of Education Child Nutrition Program Supervisor certification that was required for their jobs; (7) had relevant jobs which did not require a valid Louisiana teaching certificate; (8) had part-time teaching or research jobs in a university or vocational-technical school and/or (9) had jobs in historically all-female Department sections with an already low salary structure.3

Appellants argue that “it is non-merit discrimination to grant additional pay to certain employees within the same class and to deny it to others depending upon [767]*767where the employee previously worked, the date he was hired, whether or not he possessed a valid Louisiana teaching certificate or whether the previous employer was a school or school board.” They sought to have the Commission hear their appeal under Civil Service Rule 13.10 (a), (b), (c), (e), (h) and (i). They argue, alternatively, under Thoreson v. Department of State Civil Service, 396 So.2d 367 (La.App.1st Cir. 1981), and 433 So.2d 184 (La.App.lst Cir. 1983) (hereafter referred to as Thoreson II), that the Commission has legislative and executive jurisdiction of these appeals.

They argue that refusal to accept their experience had no rational basis since the same types of prior service (except for the contested criteria) were crucial in allowing both appellants and their co-workers to meet requirements and performance standards for the same job. Both, however, received substantially different pay rates for the same jobs, resulting in substantial personnel turnover. Appellants sought credit for all prior relevant administrative, supervisory, and teaching experience regardless of its location or employer; a salary adjustment retroactive to August 3, 1982, after credit is given for all relevant prior service; and reasonable attorney fees.

The Commission reached the following conclusions of law:

In these appeals, appellants complain that certain employees of the Department of Education were receiving credit for prior experience while they are not. Appellants do not contend that the Department of Education is applying the criteria established by this Commission in a discriminatory fashion. Not one appellant is contending that he or she falls within the criteria established, but is not receiving credit. If this were the case, the Commission would hear these appeals under Civil Service Rule 13.10(b), (c) or (h) based on discrimination. However, each appellant is complaining of the criteria themselves contending that the criteria have no rational basis and have no relation to merit principles. Because appellants are challenging the criteria themselves, which criteria were established by this Commission, the Commission concludes that appellants have no right to appeal to this Commission the validity of its own decision. Because appellants’ contentions are in the nature of equal protection claims, their proper forum is a federal or state district court. The Commission is not the proper forum in which to adjudicate the constitutionality of its own actions. To force the Commission into an adjudicatory role in this type of situation is to deprive it of the rights it would otherwise be entitled to as a party defendant. See Clark v. Department of Transportation and Development, 413 So.2d 573 (La.App.1st Cir. 1982). For the foregoing reasons, the Request for Summary Disposition is granted and these appeals, which were addressed to the Commission’s quasi-judicial capacity, are hereby summarily dismissed.
The Commission is well aware that it has legislative and executive authority in addition to its quasi-judicial power. La. Const. Art. X. Secs. 8, 10 and 12. To the extent that these appeals could be construed as asking the Commission in its legislative capacity to amend Civil Service Rule 6.28(a) or the criteria it established thereunder, the Commission declines to do so.

The sole issue in this appeal is whether the Commission erred in deciding that these workers had no right to appeal to it. In Thoreson II, we reviewed the right to appeal to the Commission, noted it is rooted in La. Const, art. X, § 8, and observed that:

Rule 13.10, subsections (b) through (1), ... provide employees with the right to appeal discrimination, in practically any manner or form, and further clarify an employee’s right to challenge disciplinary measures.

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Bluebook (online)
498 So. 2d 765, 36 Educ. L. Rep. 528, 1986 La. App. LEXIS 8440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gandy-v-state-civil-service-commission-lactapp-1986.