IN THE PERSONNEL BOARD OF JEFFERSON COUNTY, ALABAMA

~ ,~CITY OF BIRMINGHAM * s: "- -~

.•..... :.FINANCE DEPARTMENT * rR !~l,

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* I !::. -~ fW ...". '..,- j

Complainant, * V)!~:'( 'J0.- ..-··-

* tJ ~' --c<(J Q, ('-'1

Case No. DA-2010-181~aOd

vs. * cPo:;e;:O4:: -10* Vl -<VIRGINIA E. SPIDLE *

Respondent. *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

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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 four-

day 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 the2

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 RespondentVirginia Spidle

Copy sent by mail to Stephen Fitts, Hand Arendall

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