Vázquez-Valentín v. Santiago-Díaz

385 F.3d 23, 2004 U.S. App. LEXIS 19819, 2004 WL 2106344
Court of Appeals for the First Circuit·Decided September 22, 2004·No. No. 03-1949·Published·Cited by 42 cases

Opinion

LIPEZ, Circuit Judge.

Diana Vázquez-Valentín (“Vázquez”) brought an action against defendants — the Municipality of Toa Baja; its Mayor, Victor J. Santiago-Díaz (“Santiago”); and its Director of Human Resources, Milagros Delgado-Ortiz (“Delgado”) — pursuant to 42 U.S.C. § 1988 for demoting and constructively discharging her because of her political affiliation. Following the jury verdict awarding compensatory and punitive damages to Vázquez, defendants seek the entry of judgment on their behalf as a matter of law or, in the alternative, a new trial. In arguing for judgment as a matter of law, defendants aver that plaintiff did not introduce sufficient evidence for a jury to reasonably infer that defendants discriminated against Vázquez on the basis of her political affiliation. Such an argument rarely prevails after a favorable jury verdict. However, having reviewed the record with care, we agree that it prevails here. Accordingly, we vacate the verdict and direct entry of judgment for defendants.

I.

Drawing on the evidence presented at trial, we begin by describing the background of this case. Except where noted, this background information is undisputed.

A. The Change of Administration and Alteration of the Job Classification Plan

On November 7, 2000, general elections were held in Puerto Rico. In the municipality of Toa Baja, defendant Victor J. Santiago, the PDP candidate for mayor of Toa Baja, defeated the incumbent NPP candidate, Victor Soto, who had been may- or for sixteen years. In total, the NPP had controlled the municipal government of Toa Baja for twenty-four years prior to the 2000 election.

Upon taking office, the new administration apparently faced several challenges. Among them were issues related to personnel actions and human resources plans that were detailed in several documents, including an audit from the Comptroller of Puerto Rico, dated June 14, 2000; a letter from the Commonwealth’s Central Office for the Administration of Personnel and Human Resources (known by its acronym “OCALARH,” which is based on the Spanish version of the office’s name); and another letter from the Office of the Commissioner for Municipal Affairs (similarly known as “OCAP”).1 These documents [26]*26addressed personnel issues of the municipality. In Puerto Rico, all municipal jobs are governed by so-called job classification plans that are adopted locally. These plans set forth the occupational groups and personnel structure of the municipality, including the primary responsibilities and employment requirements for each position in city government. The salaries for various jobs are set forth in a separate salary scale that establishes the salary for each job by classification.

From time to time, municipalities revise their job classification plans. Toa Baja undertook this task in 1997, when it altered the then-existing job classification plan that had been adopted in 1991.2 According to the Comptroller’s report, the 1997 changes were not valid alterations to the 1991 plan because they were not first submitted for approval to OCALARH, and past municipal administrations had appointed several hundred employees in violation of the relevant state law and regulations. The report also recommended both that the municipality put in place a system for the selection and recruitment of personnel and that the administration develop a corrective action plan to remedy the various illegalities cited therein.3

Defendants then undertook a review of the personnel files of all 1,300 or so municipal employees. Defendants claim that they did so because, according to the Comptroller’s report, “[n]ot addressing the recommendations of the audit ... without just cause[ ] may constitute a violation [of] ... the Government Ethics Act.” Plaintiff maintains that the defendants sought to retaliate against members of the NPP. As of May 2002, at the time of the trial, around six hundred files had been evaluated, including Vázquez’s. Of those, 281 employees had sought an informal hearing regarding the personnel action that resulted from the review.

[27]*27B. Vázquez’s Political Activity and Employment History

Vázquez has been active in the NPP since the age of eighteen. She was president or chair of the NPP committee in her ward (Barrio Pajaros in Toa Baja), and she worked on the mobilization committee, organized rallies, and raised funds. Additionally, she was one of the NPP’s electoral college officers.

Her employment at the municipality of Toa Baja started in 1985, when' Vázquez was employed in a transitory position4 as an office clerk. On February 1, 1989, she became a career employee in the position of Office Worker/Typist I at a monthly salary of $545. On July 1, 1993, Vázquez was appointed to the position of Secretary III, with a monthly salary of $1019, at the request of David Córdova Torrech (“Cór-dova”), her immediate supervisor and head of the Office of Services to the Citizenry. Twenty days later, Córdova asked that Vázquez be reassigned again, this time to the position of Assistant Director of the newly created Levittown branch of the Office of Services to the Citizenry. That request was granted, and Vázquez assumed the position of Assistant Director on August 16, with a monthly salary of $1752.

In 1997, the alteration to the job classification plan eliminated the position of Assistant Director from the employment hierarchy. In the wake of that elimination, Vázquez was reassigned to the position of Executive Director II. Two years later, in 1999, Vázquez was appointed as an Administrative Assistant to Mayor Soto, a trust position within the administration. Following NPP’s defeat at the polls in 2000, Vázquez was reassigned to her former position of Executive Director II.

C. Vázquez’s Demotion

On May 22, 2001, the defendants, Mayor Santiago and Director of Human Resources Delgado, held a meeting with fifteen to eighteen employees, including Vázquez, to notify them that their classifications were being changed pursuant to the decision to declare the 1997 plan null and void and return to the 1991 classifications. According to Vázquez, Santiago explained at that meeting that the PDP had won the election and, in Vázquez’s words, said that “they had to adopt actions with employees, that they had to clean house .... ” Santiago then explained that the affected employees had certain rights to administrative hearings and, again in Vázquez’s words, “that whomever wished to go through attorneys, well, they then had to bear the consequences of their actions and that we would see each other in Court.” Vázquez testified that Delgado then took the floor, saying that she agreed with Santiago; Delgado then explained the appeals process to the reclassified employees.

Following Delgado’s explanation of the appeals process, the employees were handed letters describing their new classifications and explaining the reasons for the reclassifications. The letter to Vázquez stated that she lacked the academic preparation or experience for her current position and was being reassigned to Office Worker/Typist I, the position she held in 1989.

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Vázquez-Valentín v. Santiago-Díaz, 385 F.3d 23, 2004 U.S. App. LEXIS 19819, 2004 WL 2106344 (1st Cir. 2004).

385 F.3d 23 (Vázquez-Valentín v. Santiago-Díaz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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