Ramirez v. Department of Social Services

694 So. 2d 1157, 1997 WL 245237
CourtLouisiana Court of Appeal
DecidedMay 9, 1997
DocketNos. 96 CA 1448, 96 CA 1449
StatusPublished
Cited by1 cases

This text of 694 So. 2d 1157 (Ramirez v. Department of Social Services) 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
Ramirez v. Department of Social Services, 694 So. 2d 1157, 1997 WL 245237 (La. Ct. App. 1997).

Opinion

J2REMY CHIASSON, Judge Pro Tem.

This is the second time these consolidated actions against the Louisiana Department of Social Services, Office of Community Services (OCS) have been before us. In Ramirez v. Department of Social Services, 603 So.2d 795 (La.App. 1st Cir.), writ denied, 608 So.2d 195 (La.1992), another panel of this court held that the Louisiana Civil Service Commission (Commission) had erred in refusing to hear the plaintiffs’ appeal for lack of jurisdiction because of the constitutional issues included therein. We noted that the Commission did not express an opinion on whether “educational attainment” was a “merit factor” upon which differences in pay within a class of civil service employees could be based. We reversed the Commission’s dismissal and remanded the ease for consideration of the plaintiffs’ claims that a pay plan based solely upon whether the employee possessed a master’s degree amounted to “non-merit factor discrimination.” We pre-termitted a discussion of any constitutional challenges raised by the plaintiffs.

After remand, counsel for the Department of State Civil Service (DSCS) filed a motion claiming, inter alia, that employees in the challenged class who possessed master’s degrees and were receiving the benefit of the special pay rates were indispensable parties to the suits. Thereafter, 188 employees in the jobs of Social Services Specialist 1 and 2 and Social Services Supervisor, the positions held by the plaintiffs, were made parties.

On September 14, 1993, a public hearing was held on DSCS’s motion for summary disposition on the grounds that if the plaintiffs showed there was no rational basis for granting special pay rates for those employees holding master’s degrees, then the remedy was to revoke the special pay, not to grant [1159]*1159pay increases to the plaintiffs. By decision rendered October 13, 1993, the Commission ordered all employees who were receiving the benefit of the special rates at issue be added as parties. An additional 782 master’s degree employees were made parties.

A public heáring was held on November 6 through 8,1995. The Commission concluded the plaintiffs failed to show that OCS’s adoption of the special pay plan for employees holding master’s degrees did not further any appropriate state interest; that the state interest was the recruiting of employees with higher caliber of education and making the 1 ¡¡positions attractive enough to retain them. Accordingly, the Commission dismissed the plaintiffs’ appeals.

The Commission’s report provides background information. The OCS is the state agency that provides comprehensive social services to children and families, including child protection, foster care, day care, and adoption. By the end of the 1980s, OCS identified a need for more social workers with master’s degrees evidenced by the following factors: 1) legislation mandating that certain functions be provided by social workers with master’s degrees; 2) the ever-increasing complexity of cases being referred to OCS; 3) OCS’s loss of its few master’s degree employees to private practice; and 4) increased litigation which invariably focused on the training and credentials of the persons providing the services.

The OCS requested the DSCS to devise a plan to help recruit more social workers with master’s degrees. In response, DSCS conducted a study and presented a proposal, the “flexible maximum hire and retention rates,” 2 to the Commission. By January 10, 1990, the Commission had approved DSCS’s proposal, which became applicable to more than 60 social worker jobs. When this case started, plaintiffs all worked for OCS in one of three jobs: Social Services Specialist 1, Social Services Specialist 2, and Social Services Supervisor. These jobs were among the social worker jobs for which the flexible maximum hire and retention rates had been approved, but which did not apply to plaintiffs because they did not possess master’s degrees.

Following the hearing, the Commission found for a fact that the jobs of Social Services Specialist 1 and 2 and Social Services Supervisor are used by OCS throughout the state. Although some parishes have been successful in recruiting social workers with master’s degrees, others have not. Within each job classification, the duties of the em-ployeejjwith a master’s degree are generally indistinguishable from the duties of an employee with a bachelor’s degree. All employees within the same job classification are held to the same performance and quality assurance standards, and all are given the same initial and in-service training. However, there are some duties that can be performed only by someone with a master’s degree in social work (MSW) and some duties that can be performed only by a licensed social worker, who must have an MSW plus two years of additional training and who must pass an examination. When there is no MSW or licensed social worker available, the work is contracted out.

After hearing numerous and various witnesses testify as to the enhanced skills a person with a master’s degree brings to the tasks of the jobs at issue, the Commission observed:

The difference is not in the tasks being performed by employees with master’s degrees, but rather in the skill and ability derived from the additional education that [1160]*1160the employee brings to bear on performing those tasks. To obtain an MSW, a candidate must complete 60 academic hours and 960 hours of clinical internship. As a result of this additional education, the MSW has a broader spectrum of knowledge from which to make decisions and more training in theory that cannot be gained through field experience. The MSW allows the employee to consider more factors in a case than could otherwise have been considered and therefore the MSW can assess the family situation more accurately and can better assess service delivery. Similarly, a master’s degree in a related field brings a broader knowledge base into the job. (Emphasis in original.)

Having made the above factual determinations, the Commission then observed that the Louisiana Constitution requires the adoption of a uniform pay plan, but that uniformity does not require that all individuals within the same class receive the exact same pay. Uniformity does prohibit the pay plan from making non-merit distinctions between members of the same class. The Commission concluded that the flexible maximum hire and retention rates satisfied the threshold requirement for uniformity because all employees in the same job class are assigned to the same pay range; the same schedule of pay applies to all employees in the job class, whether they have a master’s degree or not. However, as a result of the flexible maximum hire and retention rates, employees with a master’s degree start higher in the pay range and therefore get to the maximum of the pay range sooner. Thus, the issue the Commission had for determination on remand was whether this “advancement” constitutes non-merit factor discrimination against employees who do not have master’s degrees.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
694 So. 2d 1157, 1997 WL 245237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-department-of-social-services-lactapp-1997.