Matthews v. City of Mobile

182 So. 3d 547, 39 I.E.R. Cas. (BNA) 892, 2014 Ala. Civ. App. LEXIS 236, 2014 WL 6844138
CourtCourt of Civil Appeals of Alabama
DecidedDecember 5, 2014
Docket2130721
StatusPublished
Cited by5 cases

This text of 182 So. 3d 547 (Matthews v. City of Mobile) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthews v. City of Mobile, 182 So. 3d 547, 39 I.E.R. Cas. (BNA) 892, 2014 Ala. Civ. App. LEXIS 236, 2014 WL 6844138 (Ala. Ct. App. 2014).

Opinion

THOMPSON, Presiding Judge.

On January 4, 2011, the City of Mobile (“the -City”) notified Cassandra Matthews, one of its employees, of its intent to suspend her without pay and that a predisci-plinary hearing was scheduled for January 12, 2011. Following the hearing, the City, on January 25, 2011, notified Matthews that it would suspend her without pay for a period of 24 hours, effective February 21, 2011. Act No. 470, Local Acts of 1939 (“the Act”), as amended, governs the,civil-service system for Mobile County and the City,1 The Act has been amended several times, and the most recent amendment pertaining to some of the provisions applicable to this case occurred in Act No. 2004-105, Ala. Acts 2004.

The Act, as amended, provides the method by which a suspended employee may challenge before the Mobile County Personnel Board (hereinafter “the Board”) the City’s decision to suspend him or her. See § XXIII of the Act, as amended by Act No. 2004-105, Ala. Acts 2004, p. 157 (“The suspended employee shall have the right to file an appeal of the suspension for a hearing before the board.”). The Rules and Regulations of the Personnel Board for Mobile County (hereinafter “the Rules and Regulations”), formulated pursuant to the Act, set forth a more specific explanation of an employee’s right to appeal: >

“An employee desiring to appeal from a dismissal,, suspension or demotion shall, within ten days after notice thereof, file with the Director [of the Board] a written answer or' ■ explanation of the charges. Such answer shall contain (1) an admission or denial of guilt and,' (2) reasons why the action should not’ become effective. Upon receipt of the appeal, the Director shall forward a copy thereof to the Appointing Authority concerned. The Director shall prepare and have available simplified forms for use by an employee in perfecting an appeal to the Personnel Board from such disciplinary action as aforesaid. The Personnel Department shall, where necessary, assist the employee to perfect such appeal.”

Rule 14.4, Rules and Regulations.2

The record indicates that Matthews was served with notice of the Board’s decision to suspend her for 24 hours without pay on February 15, 2011, and that she timely filed a written form notice of appeal of the City’s suspension decision with the Board’s personnel director on that same date.

While Matthews’s appeal of her 24-hour suspension was pending before the Board, on April 18, 2011, Matthews received a [549]*549predisciplinary-hearing notice from the City that informed her of the City’s intent to terminate her employment; that notice also specified that a hearing was scheduled • for May 2, 2011. On May 2, 2011, the City terminated Matthews’s. employment, and Matthews received notice- of the termination of her employment on May 9, 2011.

The Act specifies that an employee who has been dismissed from his or her employment “may, within ten days after notice, appeal from the'action of [the City] by filing a written answer to the charges.” § XXII, Act No. 470, Local Acts of 1939 (emphasis added). Again, Rule 14.4 has clarified the Act by requiring that, in order to appeal to the Board from a decision of the City to terminate employment, “[a]n employee desiring to appeal from a dismissal ... shall, within ten days after notice thereof, file with the Director [of the Board] a written answer or explanation of the charges. Such answer shall contain (1) an admission or denial of .guilt and, (2) reasons why. the action should not become effective.” (Emphasis added.)

■ The record on appeal contains a document dated May 13, 2011, that specifies that the document- was delivered “[v]ia email to Elna McDonald for delivery to Donald Dees[, the Board’s personnel director].” , Although the record does not so indicate, “Elna McDonald” presumably is employed-’in the office of the Board’s personnel director. In that May 13, 2011, document, Matthews -stated- that she wanted to appeal. the termination of her employment and set forth several brief statements summarizing the basis for that purported appeal.

Neither party has discussed in their briefs submitted to this court the jurisdictional implications of Matthews’s attempt to appeal the City’s termination decision via an e-mail to the Board. Regardless,'this court must take'notice of jurisdictional issues ex mero motu. Wallace v. Tee Jays Mfg. Co., 689 So.2d 210, 211 (Ala.Civ.App.1997). It' is clear that Matthews attempted to satisfy, the requirement in § XXII of the Act and Rule 14.4 that-she file a “written answer” by sending the May 13, 2011, e-jnail communication purporting to appeal from the City’s termination fieeision. A “writing” is “[a]ny intentional recording of words,, in .a visual-form, whether in handwriting, printing, typewriting,. ‘ or any other tangible form. i.. ” Black’s Law Dictionary 1846 (10th ed.2014) (emphasis added). The parties have’ made no argument before this court concerning whether an e-mail communication may be considered to be a writing or a “written answer” under the Act and the Rules and Regulations. There: fore, this court does not reach that issue. Even assuming, however, that Matthews’s May 13, 2011, e-mail communication constituted a “written answer” under § XXII of the Act and Rule 14.4, both the Act and Rule 14.4 require that Matthews, as the employee aggrieved by the City’s termination decision, “file” the written' answer or explanation of the charge's with the Board via the Board’s personnel director.

The term “file” is not defined in the Act or the Rules and Regulations.

if‘A fundamental :rule of statutory construction is to ‘ascertain and give effect to the intent of the legislature in enacting the statute.’ IMED Corp. v. Systems Eng’g Assocs. Corp., 602 So.2d 344, 346 (Ala.1992). Words of a statute are to be given their ‘natural, plain, ordinary, and commonly understood meaning[s].’" Tuscaloosa County Comm’n v. Deputy Sheriffs’ Ass’n of Tuscaloosa County, 589 So.2d 687, 689 (Ala.1991). If the language-of the statute is clear and unambiguous, the Legislature’s clearly expressed intent must be .given effect. Ex parte Prudential Ins. Co. of Am., 721 So.2d 1135 (Ala.1998).”

[550]*550Ex parte Southeast Alabama Med. Ctr., 835 So.2d 1042, 1065 (Ala.Civ.App.2002).

In this context, the term “file” means “[t]o deliver a legal document to the' court clerk or record custodian for placement into the .official record.” Black’s Law Dictionary 745 (10th ed.2014). Our courts have rejected arguments that an oral notice may be considered a “filing.” In Ingram v. State, 882 So.2d 374, 376-77 (Ala.Crim.App.2003), the Court of Criminal Appeals held that a rule stating that a defendant must “timely file” a notice of his or her intent to withdraw a guilty plea implicitly required that the motion be made in writing; an oral motion was not sufficient to fulfill the requirement of a “filing.” Also, in Turner v. Alabama State Tenure Commission, 523 So.2d 401 (Ala.Civ.App.1987), this court held that a teacher’s oral notice to a board that she desired to appeal the board’s decision to a circuit court did not meet the statutory requirement that the notice of appeal be “filed.” This court explained:

“An accepted judicial definition of ‘filing’ is the delivery of a document to a specified officer for permanent keeping as a notice or record in the place where his official records and papers are kept.

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Bluebook (online)
182 So. 3d 547, 39 I.E.R. Cas. (BNA) 892, 2014 Ala. Civ. App. LEXIS 236, 2014 WL 6844138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-city-of-mobile-alacivapp-2014.