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County of Los Angeles Department of Health Services v. Civil Service Commission of the County of Los Angeles (Labor and Employment Law)
Filed December 18, 2009, Second District, Div. Eight
Cite as 2009 SOS 7213


CSC has no jurisdiction to hear retired employee's appeal

Margaret Latham (Latham) was a staff nurse at the County of Los Angeles Department of Health Services (the Department). Eventually, Latham was promoted as an assistant nursing director. She was tasked to oversee the Nursing Resource Center.

As per regulations and under her supervision, Latham operated a patient classification system assigning “acuity” numbers to patient in order to determine and coordinate required levels of care and staffing.

Due to allegations of ““inappropriate activity in connection with the reporting of patient acuity levels”, the Department suspended Latham without pay. Consequently, she was reassigned to “work at home.”

Eventually, the Department informed her of her discharge.

Expectedly, Latham appealed with the Civil Service Commission of the County of Los Angeles (the Commission) questioning the fact of her suspension without pay and her discharge.

The Commission’s hearing officer concluded that the Department erred in suspending Latham without pay. Moreover, the officer found that it failed to show that the discharge was the appropriate discipline for Latham.

Subsequently, Latham voluntarily retired. In turn, the Department notified the Commission of Latham’s retirement and requested that her appeal be dismissed. However, the Commission rejected the dismissal and adopted the hearing officer’s findings.

The Department filed a petition for a writ of administrative mandamus which was decided in its favor. As ordered, the Commission complied with the decision and dismissed Latham.

Latham appealed.

The California Appeal Court Second Appellate District ruled that where civil service rules vested the Commission with jurisdiction over Latham’s appeal of her discharge, including an attendant claim for a resulting loss of pay, Latham’s retirement during the pendency of proceedings divested the commission of jurisdiction over the appeal.

Hence, the Commission no longer had the power to hear Latham’s appeal due to her retirement.

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