Shelita Turner v. Governor's Office of Elderly Affairs ( 2023 )


Menu:
  •                              STATE OF LOUISIANA
    COURT OF APPEAL
    FIRST CIRCUIT
    NUMBER 2022 CA 0989
    SHELITA TURNER
    VERSUS
    GOVERNOR' S OFFICE OF ELDERLY AFFAIRS
    Judgment Rendered:       FEB 2 4 2023
    Appealed from a decision of the
    State Civil Service Commission
    State of Louisiana
    Number S- 15802
    Honorable David L. Duplantier, Chairman;
    D. Scott Hughes, Vice -Chairman;
    John McLure, Kristi Folse, G. Lee Griffin,
    Ronald M. Carrere, Jr., and Jo Ann Nixon, Members
    Jessica M. Vasquez                           Counsel for Plaintiff/Appellant
    New Orleans, LA                              Shelita Turner
    Amanda H. Smith                              Counsel for Defendant/ Appellee
    Baton Rouge, LA                              Governor' s Office of Elderly Affairs
    BEFORE: GUIDRY, C. J., WOLFE, AND MILLER, JJ.
    GUIDRY, C.J.
    Plaintiff/appellant, Shelita Turner, appeals from a decision of the Civil
    Service Commission Referee dismissing her appeal. For the reasons that follow, we
    affirm.
    FACTS AND PROCEDURAL HISTORY
    Turner was hired as an Adult Protective Specialist 2 by the Governor' s Office
    of Elderly Affairs ( GOER) and began work on November 29, 2021.              However, on
    February 15, 2022, GOEA terminated Turner, who at that time was a probationary
    employee.   Thereafter, on March 15, 2022, Turner filed an appeal of her termination
    with the Civil Service Commission (" the Commission") alleging that her termination
    was discriminatory under Civil Service Rule 1. 14. 1 because it was based on " other
    non -merit factors."    Turner sought reinstatement to her position, back pay, and
    benefits.
    On May 11, 2022, a Civil Service Commission Referee (" the         referee") issued
    a notice to Turner of possible defects in the appeal.     Specifically, the notice stated
    that the appeal did not appear to comply with Civil Service Rule 13. 10 and 13. 11, as
    Turner failed to provide specific and detailed factual allegations that she was
    adversely affected by a violation of Civil Service Articles or Civil Service Rules or
    was discriminated against because of her religious or political beliefs, sex, or race.
    The notice gave Turner fifteen days from the date of the notice to amend her appeal
    in a manner that complies with Civil Service Rule 13. 11( d) to cure the defects.
    Turner filed an amended appeal on May 25, 2022, wherein she alleged her
    termination was the result of political discrimination due to her "      political views"
    with respect to trauma informed care. ( R. 14)     On July 14, 2022, the referee issued
    his decision, finding that Turner' s conclusion that her views on trauma informed
    care constitute " political" beliefs does not give rise to an actionable claim of political
    discrimination and as such, she failed to allege any facts in support of her allegation
    K
    of political discrimination as required by Civil Service Rule 13. 1 l( d).       Therefore,
    because Turner failed to allege sufficient facts supporting a conclusion that GOEA
    discriminated against her based on her political or religious beliefs, sex, or race or
    that a violation of a Civil Service Rule or Civil Service Article occurred, the referee
    found that Turner did not establish a right of appeal to the Commission and
    dismissed her appeal.
    No application for review of the referee' s decision was filed with the
    Commission; therefore, the referee' s decision became the final decision of the
    Commission. See La. Const. art. X, §12( A). Turner now appeals from the referee' s
    decision.
    STANDARD OF REVIEW
    Generally, decisions of Civil Service Commission Referees are subject to the
    same standard of review as decisions of the Commission itself.                  Malouse v.
    Louisiana Department of Health -Office of Public Health, 19- 1034, p. 6 ( La. App.
    1 st Cir. 2/ 21/ 20), 
    297 So. 3d 974
    , 978, writ denied, 20- 00548 ( La. 9123/ 20), 
    301 So. 3d 1182
    .    The factual conclusions of the referee and Commission are subject to the
    manifest error standard of review, meaning that the factual determinations will be
    reversed only if the appellate court finds that a reasonable basis does not exist for
    the Commission' s finding and the record establishes the finding is clearly wrong.
    Cole v. Division of Administration,         14- 0936, pp. 5- 6 ( La. App. lst Cir. 1126115),
    
    170 So. 3d 180
    , 184.
    DISCUSSION
    According to State Civil Service Rule 13. 10, only the following state
    employees who have probationary rather than permanent status have a right of
    appeal to the Commission:
    b) a state classified employee who has been discriminated against in
    any employment action or decision because of his political or religious
    beliefs, sex, or race; [   and/ or]
    3
    c) a state classified employee who has been adversely affected by a
    violation of any provision in the Civil Service Article or of any Civil
    Service Rule other than a rule in Chapter 10.
    In her amended appeal, Turner alleged that her termination was the result of
    political discrimination based on her "     political    views"   with respect to trauma
    informed care for the public. Turner alleged that because of these views, she felt
    strongly about governmental protection for survivors of abuse and submitted
    grievances against her supervisor with regard to employment practices that
    endangered survivors of abuse under GOEA' s care and violated Civil Service Rules
    and GOEA policies. Turner alleged that because her supervisor disagreed with her
    views,
    she retaliated against and harassed Turner and ultimately influenced the
    Director and Executive Director of GOEA to terminate Turner.
    From our review of the record, we find no error in the referee' s decision
    finding that Turner failed to sufficiently allege that her views concerning support for
    trauma informed care qualify as " political"    beliefs and that her mere conclusion that
    they constitute such does not give rise to an actionable claim of political
    discrimination.    Accordingly, we further find no error in the referee' s decision
    finding that Turner has failed to establish a right to appeal to the Commission and
    dismissing her appeal.
    CONCLUSION
    For the foregoing reasons,   we affirm the judgment of the Civil Service
    Commission. All costs of this appeal are assessed to Shelita Turner.
    AFFIRMED.
    4
    

Document Info

Docket Number: 2022CA0989

Filed Date: 2/24/2023

Precedential Status: Precedential

Modified Date: 2/24/2023