BEFORE THE PERSONNEL BOARD OF JEFFERSON COUNTY CITY OF BIRMINGHAM FINANCE DEPARTMENT, Complainant,

VS.

CASE NO. DA-2012-1878

VIRGINIA E. SPIDLE, Respondent.

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ORDER

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This matter having come before the Board on the City ofBirmin~amm
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Finance Department's ("the City") Motion to Stay the current prCSceedirrgs pending the final outcome of an appeal of a prior termination now pending in the Circuit Court of Jefferson County, Alabama ("First Termination Appeal"). The Respondent, Virginia Spidle ("Ms. Spidle"), has objected to the Motion to Stay and ask the Personnel Board to deny the City's Motion. The Personnel Board having reviewed the parties' positions and having heard oral argument finds as follows: The First Termination Appeal before the Circuit Court of Jefferson County is the City's appeal of the Order dated January 10,2012 reversing the Hearing Officer and reinstating Ms. Spidle to her previously held position in the Finance Department, with payment of back pay for the period during which she was

terminated. As part of that appeal, the City asked the Circuit Court to stay the reinstatement and payment of back pay to Ms. Spidle.
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The Circuit Court of Jefferson County has ruled the paymer{of b~

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$147,000.00 is to be suspended pending the outcome of the First tJflhin~on ~~ "l (I"'~ 1] - Appeal in which the City is asking the Circuit Court to overrule t~ Personnel
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Board and affirm the City's first termination of Ms. Spidle. According to the pleadings filed by both sides, the First Termination Appeal is to be heard by the Three-Judge Panel of the Circuit Court of Jefferson County on May 29, 2012, some 21 days from the date of this Order. Even if the Personnel Board were to deny the Motion to Stay the current proceeding before the Personnel Board as the Respondent requests, it is possible the decision of the Circuit Court of Jefferson County in the First Termination Appeal would render the current proceedings moot. The Board finds it could be a waste of the parties' and the Personnel Board's resources and time to move forward with the current proceedings before the decision is made by the Circuit Court of Jefferson County in the First Termination Appeal. Therefore, upon consideration the Motion to Stay this appeal is granted. The Personnel Board will revisit this issue at its next regularly scheduled meeting following the decision of the Circuit Court of Jefferson County in the First

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Termination Appeal. DONE on this the 8th day of May, 2012.

Hon. L. Kenneth Moore, Chairman

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Associate Member ATTEST~ .

Lo~r--,Associate Member

-===~~~ Lorreno:oii\7er;-----Director of Personnel

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1481921

CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Order upon all parties and counsel of record in this cause by electronic mail or placing a copy of same in the United States mail, postage prepaid, addressed as follows on this the 8th day of May 2012.

DA-2012-1878: Birmingham Finance Department vs. Virginia Spidle Interoffice Mail) Mayor William Bell Birmingham City Hall 3rd Floor Birmingham, Alabama 35203 (E-mail) Attorney Mark Waggoner Attorney Stephen N. Fitts Hand Arendall, LLC 1200 Park Place Tower 2001 Park Place North Birmingham, Alabama 35203 mwaggoner(a)handarendall. com sfltts(a)handarendall.com (E-mail) Attorney Gayle Gear 2995 Morris Avenue North Suite B Birmingham, Alabama 35203 ghgear@,bellsouth.net (E-mail) Ms. Eva Bray Birmingham Office of Personnel 8th Floor Birmingham City Hall Birmingham,AL 35203 Eva.Bray(a)ci. birmin2:ham.al. us (E-mail) Mr. Robert Groce Personnel Board of] efferson County 2121 Rev. Abraham Woods, Jr., Blvd N Birmingham, Alabama 35203 Robert.Groce{@,pbjcal.org (Certified Mail) Mr. Virginia Spidle clo Attorney Gayle Gear 2995 Morris Avenue North Suite B Birmingham, Alabama 35203 (E-mail) Mr. Henry Young Birmingham Finance Department Birmingham City Hall Birmingham, Alabama 35203 Henry. young@,birminghanw,j,.,gov 3:
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(E-mail) f1ln Ms. Wanda T. Hand J,. Birmingham Law Departmejil Room 600 Birmingham Cittt!all Birmingham, Alabama 35203 Wanda.Hand@,ci.bilmingham.al.us (E-mail) Ms. Peggy W. Polk Birmingham Office of Personnel 8th Floor Birmingham City Hall Birmingham, AL 35203 peggy .polk@,ci.birmin2:ham.al.us

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(E-mail) Attorney Laura C. Nettles Lloyd, Gray, Whitehead & Monroe, PC 2501 zo" Place South Suite 300 Birmingham, Alabama 35223-1702 lnettles(a),lgwmlaw. com

Of Counsel