spidle motion to enforce final judgement
TRANSCRIPT
IN THE PERSONNEL BOARD OF JEFFERSON COUNTY, ALABAMA
~ ,~CITY OF BIRMINGHAM * s: "- -~
.•..... :.FINANCE DEPARTMENT * rR !~l,
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* I !::. -~ fW ...". '..,- j
Complainant, * V)!~:'( 'J0.- ..-··-
* tJ ~' --c<(J Q, ('-'1
Case No. DA-2010-181~aOd
vs. * cPo:;e;:O4:: -10* Vl -<VIRGINIA E. SPIDLE *
Respondent. *RESPONDENT'S MOTION TO ENl8'ORCE FINAL DECISION
Virginia Spidle respectfully asks that the Board take all necessary action to
enforce its ruling of January 10,2012, reinstating Mrs. Spidle and restoring all back
pay and benefits. Mrs. Spidle was terminated on October 25, 2010. During this
fifteen-month period, Mrs. Spidle remained without income and health insurance.
Mrs. Spidle returned to work on January 23, 2012. She was assigned to an office in
the Tax and License Division and assigned menial tasks. The City has not paid Mrs.
Spidle back wages which are approximately $140,874.40. Instead the City filed a
motion to stay payment with the Jefferson County Circuit Court. By ignoring the
January 10, 2012 ORDER, the City's actions defy JCPB Rule 12.15 JUDICIAL
REVIEW: "The "Decision of Board shall be controlling until reversed on appeal .... "
The City's defiance goes further. On January 26, 2012, Mrs. Spidle was served
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with a notice of determination. A determination hearing was held on Friday, January
27, 2012. The City presented no evidence in support of the various allegations of
"incompetence" and "inefficiency." On Monday, January 30,2012, the City terminated
Mrs. Spidle once again. The City tries to claim it developed "new charges" during the
period Mrs. Spidle was unemployed. The City's latest attempt to fire Mrs. Spidle
should be dismissed outright because Mrs. Spidle has been fully vindicated on any
charges of "inefficiency and 'incompetence" alleged in the first termination by the
decision of the Board on January 10,2012.
The record is clear in this regard: In 2011, the hearing officer conducted a four-
day hearing on the matter over the course of five months. Numerous witnesses were
called including her direct supervisors (Michael Johnson and current supervisor Henry
Young). Mrs. Spidle was examined on the subject of her professionalism, work
performance, relationship with her supervisors and with employees in the Accounting
Division. Henry Young, the Finance Deputy Director, testified on behalf of Mrs.
Spidle in these areas. Deputy Director Young confirmed that the City's books and
records under her command were sound. The Board can take judicial notice of Mrs.
Spidle's employment history: Mrs. Virginia Spidle was terminated after 24 years of
employment in the City of Birmingham. Spidle's employment file and performance
evaluations reflect an exemplary work history. She has never been reprimanded or the2
subject of any grievances before the Board. In 1992, she was promoted to Chief
Accountant. Spidle has never been disciplined in her 18 years as Chief Accountant
with the City.
In light of the foregoing: Mrs. Spidle respectfully requests that the Board take all
necessary actions to reinstate her employment and restore all back pay and benefits.
~
~yl -I.Gear
Att rney for RespondentVirginia Spidle
Copy sent by mail to Stephen Fitts, Hand Arendall
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