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

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
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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]
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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.
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