IN THE PERSONNEL BOARD OF JEFFERSON COUNTY, ALABAMA CITY OF BIRMINGHAM FINANCE DEPARTMENT Complainant, vs. VIRGINIA E. SPIDLE Respondent.

* * * * * * * * *

Co
I

rR

s:

......
! ~l .. ..,.

"-

,~ -~
:.
1 ..

... ". '..,V)!~:'(

!::. -~
--c<

f
j

'J

tJ
Case No. DA-2010-181~ 4::
Vl

~'

0.- ..--

(J Q, ('-'1

aOd cPo
:;e;:O

-<

-10

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
1

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 fourday 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 the
2

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 Respondent Virginia Spidle

Copy sent by mail to Stephen Fitts, Hand Arendall