Jill Mancini v. Northampton County

836 F.3d 308, 41 I.E.R. Cas. (BNA) 1129, 2016 U.S. App. LEXIS 16568
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 9, 2016
Docket15-2790, 15-2873, 15-3012
StatusPublished
Cited by47 cases

This text of 836 F.3d 308 (Jill Mancini v. Northampton County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jill Mancini v. Northampton County, 836 F.3d 308, 41 I.E.R. Cas. (BNA) 1129, 2016 U.S. App. LEXIS 16568 (3d Cir. 2016).

Opinion

OPINION OF THE COURT

RESTREPO, Circuit Judge.

Jill Mancini, a former assistant county solicitor in Northampton County, Pennsylvania, brought this 42 U.S.C. § 1983 action against Northampton County,-County Executive John Brown, and County Solicitor ■Victor Scomillio, in connection with their termination of her employment. Mancini, a Democrat, alleged that she was a protected career service employee and that the newly elected Republican administration wrongfully dismissed her in violation of the Fourteenth Amendment Due Process Clause and the First Amendment. A jury found that Northampton County, but not Brown or Scomillio, violated Mancini’s procedural due process rights and awarded her $94,232 in damages. The jury found in favor of all Defendants on Mancini’s First Amendment claims. We conclude that the able trial judge appropriately handled the numerous issues raised by the parties, and we will affirm.

This case requires us to consider whether there is an exception to the ordinary requirements of procedural due process when a government employee with a protected property interest in her job is dismissed as part of a departmental reorganization that results in the elimination of her position. We have not previously considered this so-called “reorganization exception.” We hold that a reorganization exception to constitutional procedural due process cannot apply as a matter of law where, as here, there is a genuine factual dispute about whether the reorganization was pretext for an unlawful termination.

I.

A. Factual Background

1. Mancini’s Employment in Northampton County

Mancini began her employment with Northampton County in 2001 as a part-time assistant district attorney. In December 2006, the Northampton County Council approved a request from Karl Longen-bach, then County Solicitor, to create one full-time assistant county solicitor position. Prior to that time, the Northampton County assistant solicitors were all part-time employees. The County Council eliminated a vacant part-time assistant county solicitor position when it created the full-time position. In February 2007, Mancini was hired into the newly created full-time position, which she believed was part of the Northampton career service. In 2012, the Northampton County Council created a second full-time assistant county solicitor position, which was filled in early 2013.

In November 2013, Defendant John .Brown was elected County Executive of Northampton County. He tapped Defendant Victor Scomillio to serve under him as County • Solicitor. Before taking office, *311 Brown and Scomillio decided that they would make changes to the staffing of the Solicitor’s Office. According to Mancini, Scomillio told her on December 23, 2013, that her position would be eliminated on January 7, 2014.

On January 7, 2014, Brown formally requested that the County Council eliminate the two full-time assistant county solicitor positions and replace them with two additional part-time positions. Mancini filed a grievance that same day challenging her forthcoming dismissal on numerous grounds, including that her discharge violated Northampton’s Home Rule Charter, its Career Service Regulations, and Northampton County Employee Policy No. 3.525, “Reduction in Force and Recall” (the “Layoff Policy”).

The County Council acted on Brown’s request on January 23, 2014, eliminating the two full-time positions and creating the requested part-time positions. Mancini’s last day of work was Friday, January 24, 2014, the last business day before the reorganization took effect. She was suspended with pay until her February 17, 2014 termination. Mancini was not offered either of the newly created assistant county solicitor jobs, and she was not permitted to displace an existing part-time assistant county solicitor.

Mancini did not receive formal written notice of her termination until a letter dated January 27, 2014, advised her that on January 23 her position had been eliminated. The elimination of her position was the only ground Northampton provided for Mancini’s dismissal. In the notice, the County took the position that the “full time assistant county solicitor positions were career exempt positions.” J.A. 3416.

Northampton County held an informal hearing on Mancini’s grievance on February 19, 2014, two days after it stopped paying her, and nearly a month after she was relieved of her duties. She was not permitted to have counsel present at the hearing. The County denied Mancini’s grievance. Mancini appealed to the Northampton Personnel Appeals Board (the “Board”), which held two hearings on her grievance — one in May 2014 and one in June 2014. Months passed with no decision. Finally, in response to an inquiry from her lawyer, the Board informed Mancini by letter dated November 19, 2014, that the Board was “hopelessly deadlocked.” J.A. 3425. No further action was taken on Mancini’s appeal, and the Board never reached or communicated a final decision to Mancini.

2. The Northampton County Career ■Service

Under the Northampton Home Rule Charter, members of the career service can only be dismissed for “just cause” and they have the right to appeal to the Northampton Personnel Appeals Board for a pretermination just cause determination. See id. at 3326, 2688. The distinction between career service and exempt service has important consequences for Northampton employees, and for our analysis of Mancini’s due process claim. While Mancini’s status as a career service employee is not at issue on appeal, it was contested at trial.

The Northampton Home Rule Charter 1 states that all County employees “shall be members of the career service,” except for nine discrete categories of exempt employ *312 ees. Id. at 3325. We agree with the parties that Mancini’s position did not fall within the meaning of any one of the nine enumerated exemptions. 2 The Resolution that created Mancini’s full-time assistant county solicitor position did not state whether the position was exempt or career service. However, former County Solicitor Longen-bach testified that he intended the full-time assistant county solicitor position to be part of the career service, and that he believed the position the County Council approved, and that Mancini occupied, was, in fact, a career service position. Linda Markwith, a personnel analyst in the Northampton County Human Resources Department responsible for recruitment and hiring when Mancini was hired as a solicitor, testified that Mancini’s position was designated as career service from the outset and the designation never changed. An email from Markwith to Longenbach confirmed that Mancini’s position was “included in the Career Service category.” Id. at 3388. Meanwhile, defendant Seomillio testified that, based on his research in 2013, he believed Mancini was not a member of the career service and that she could be laid off as part of a reorganization.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
836 F.3d 308, 41 I.E.R. Cas. (BNA) 1129, 2016 U.S. App. LEXIS 16568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jill-mancini-v-northampton-county-ca3-2016.