IN THE CIRCUIT COURT OF JEFFFERSON COUNTY, ALABAMA VIRGINIA SPIDLE, Plaintiff, CITY OF BIRMINGHAM AND JEFFERSON COUNTY PERSONNEL

BOARD. Defendants. ) ) ) ) ) ) ) ) ) ) CV-2012-0039

MOTION TO SHOW CAUSE WHY CITY SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO PAY ACCUMULATED BACK PAY On January 10, 2012, the Jefferson County Personnel Board (JCPB) reversed the City termination action and ORDERED that Virginia Spidle be reinstated with back pay. As of this date the City has not filed the required written compliance statement as to the JCPB January 10, 2012 Order. On June 26, 2012, the three-judge panel issued a ruling on the Citys appeal of the JCPB Order reinstating her to employment. In that ORDER the Court DISSOLVED the earlier court Order staying back pay and ORDERED the City to comply with the order of the JCPB to pay Spidle her accumulated back pay. Mrs. Spidle is due to be paid 15 months back pay totaling $135,109.00. As of this date, July 26, 2012, the City has not complied with the Order of the JCPB. As stated previously, the City has not filed the required written compliance

statement as to back pay. Mrs. Spidle would respectfully ask for a hearing for the City to show why it is not in contempt of Court in light of its failure or refusal to obey the ORDER directing the City

to comply with the JCPB Order to pay her accumulated back pay. ___Gayle Gear_____________ Gayle Gear Attorney for Virginia Spidle CERTIFICATE OF SERVICE I hereby certify that on this the 26th day of July, a copy of the foregoing Motion to Show Cause was sent via U.S. mail to all parties of record: Laura Nettles (Lloyd, Gray), 2301 20th Place South, Suite 300, Birmingham, Al 35223) and Stephen Fitts, (Hand Arendall), 1200 Park Place Tower, 2001 park Place North, Birmingham, Alabama 35203.