Rhonda K. Oliver's legal battle against the Department of Finance has taken a new turn as her appeal is set to be reconsidered by the Civil Service Commission. The Fourth Circuit Court of Appeal in Louisiana, on January 16, 2025, vacated a previous judgment that dismissed Oliver's appeal regarding her termination from the Department of Finance (DOF) and remanded the case for further review.
The case was filed by Rhonda K. Oliver in the Court of Appeal, Fourth Circuit, State of Louisiana against the Department of Finance. The appeal challenges an April 12, 2024 decision by the Civil Service Commission which granted DOF's motion for summary disposition of Oliver's appeal. Oliver contends that despite being a probationary employee at the time of her termination on January 26, 2024, she has a right to appeal disciplinary actions taken against her.
Oliver began her employment with the City of New Orleans in September 2015 and had held various positions before transferring to the DOF as a Tax Specialist I on September 3, 2023. However, she did not obtain permanent status in this role due to a one-year probationary period requirement. Her termination notice cited failure to pass this probationary period as the reason for dismissal but lacked specific details on how she failed.
In response to her termination, Oliver appealed to the Civil Service Commission on January 29, 2024. She argued that she was unjustly terminated without proper explanation and believes it may have been retaliatory due to filing a grievance against a supervisor. The DOF maintained that only regular employees could appeal terminations under Civil Service Rule II, §4.1 and argued that their actions were justified under Civil Service Rule VII, §1.1.
The appellate court found merit in Oliver’s argument that DOF did not provide adequate reasoning for her termination as required by civil service rules. It highlighted that while probationary employees typically lack rights to appeal disciplinary actions unless related to discrimination or whistleblower activity, they must still be given reasons for termination during their working test period.
The court concluded that DOF’s failure to comply with procedural requirements rendered its summary disposition arbitrary and potentially abusive of discretion. Consequently, it vacated the prior ruling and remanded the case back to the commission for further consideration on its merits.
Representing Rhonda K. Oliver are attorneys William R.H. Goforth and Jasmine L. Bandy from New Orleans' City Attorney's office along with Donesia D. Turner serving as counsel for defendant/appellee Department of Finance under Case ID NO: 2024-CA-0290.