Summary
The Louisiana Fourth Circuit Court of Appeal reversed the Civil Service Commission for the City of New Orleans’ decision upholding Rhonda K. Oliver’s termination by the Sewerage and Water Board of New Orleans. The court held that Oliver was denied procedural due process because the initial pre-termination notice did not adequately identify the requirements and grounds later relied upon for termination. The case was remanded to the Sewerage and Water Board to reinstitute termination proceedings consistent with due process.
Topics
Practice areas
Questions Presented
- Whether Oliver was afforded procedural due process before termination when the initial pre-termination notice did not identify the approval requirement for leave without pay and was inconsistent with the later termination grounds.
- Whether the court could reach the merits of whether Oliver violated the Sewerage and Water Board's attendance policy and civil service rules.
Holdings
- Oliver was denied procedural due process because the initial pre-termination notice did not adequately apprise her of the charges ultimately used to terminate her, and the termination proceedings exceeded the grounds stated in the initial notice.
- The court did not reach whether Oliver violated the attendance policy or the civil service rules governing leave without pay because the procedural due process defect was dispositive.
Key quotations
“After consideration of the record before this Court and the applicable law, the decision of the Commission to uphold Ms. Oliver’s termination is reversed and the case remanded to the S&WB to reinstitute termination proceedings that comply with procedural due process.” (1)
“Prior to discharge, a public employee is entitled to notice of the charges against them, an explanation of the employer’s evidence and an opportunity to present reasons why the proposed action should not be taken.” (8)
“Ms. Oliver was not afforded proper procedural due process by the S&WB because the ultimate basis for her termination exceeded the violations set forth in the initial pre-termination notice.” (11)
Factual background
Rhonda K. Oliver was a permanent classified employee of the Sewerage and Water Board of New Orleans. From October 21 through November 8, 2024, she repeatedly notified supervisors by email that she would be absent for personal reasons and coded her timesheets as leave without pay. The Sewerage and Water Board initially notified her that a pre-termination hearing concerned failure to report or call in and told her she had discretion to code her timesheets as leave without pay, but the later termination letter relied on the absence of approval for leave without pay, cited additional civil service rules, and treated her failure to attend the hearing as a basis for termination. Oliver submitted a written response in lieu of appearing, but the response was not considered.
Procedural history
The Sewerage and Water Board terminated Rhonda K. Oliver for alleged job abandonment after an extended absence. The New Orleans Civil Service Commission affirmed the termination after a hearing officer found just cause. Oliver appealed to the Louisiana Fourth Circuit, which reversed on procedural due process grounds and remanded for reinstitution of termination proceedings compliant with due process.
Remand instructions
The Sewerage and Water Board must reinstitute termination proceedings against Oliver consistent with procedural due process, including adequate notice of the charges and a meaningful opportunity to respond.