IN THE SUPREME COURT OF MISSISSIPPI JACKSON COUNTY BOARD OF SUPERVISORS

Transcription

1 IN THE SUPREME COURT OF MISSISSIPPI JACKSON COUNTY BOARD OF SUPERVISORS VERSUS MISSISSIPPI EMPLOYMENT SECURITY COMMISSION and JUNE SEAMAN APPELLANT CAUSE NO CC APPELLEES APPEALED FROM THE CIRCUIT COURT OF JACKSON COUNTY, MISSISSIPPI, CAUSE NO ,232(3) REPLY BRIEF OF APPELLANT ORAL ARGUMENT NOT REQUESTED Kathy Blackwell Parker (MSB No.--. Angela E. Broun (MSB No.~ Office of the Board Attorney 2915 Canty Street, Suite T Post Office Box 998 Pascagoula, MS (228) Telephone (228) Facsimile Attorneys for Appellant

2 TABLE OF CONTENTS Table of Contents... i Table of Authorities... ii Argument... 1 I. Cases Cited by Appellant Are Not Entirely Dissimilar From the Facts Presented in this Appeal... 1 II. Conclusion... 3 Certificate of Service... 5

3 TABLE OF AUTHORITIES MISSISSIPPI SUPREME COURT Miss. Employment Sec. Comm'n v. Percy.... 1,2 MISSISSIPPI COURT OF APPEALS Ramsey v. Miss. Employment Sec. Comm'n... " 2 11

4 IN THE SUPREME COURT OF MISSISSIPPI JACKSON COUNTY BOARD OF SUPERVISORS VERSUS MISSISSIPPI EMPLOYMENT SECURITY COMMISSION and JUNE SEAMAN APPELLANT CAUSE NO CC APPELLEES ARGUMENT I. Cases Cited by Appellant Are Not Entirely Dissimilar From the Facts Presented in this Appeal In its brief, the Mississippi Employment Security Commission (hereinafter "MESC") attempts to distinguish the cases cited by the Board of Supervisors as unrelated and inapplicable to the case sub judice. In Miss. Emp. Sec. Comm'n v. Percy, Ms. Percy signed her supervisor's initials to her time card and effectively falsified her work hours. 641 So. 2d 1172 (Miss. 1994). The MESC distinguishes this case from the instant case on the grounds that Seaman did not have to "punch a time clock and was allowed to work after hours and weekends at her discretion, and was allowed to keep up with her time herself." (Appellee's Brief, Page 25). Furthermore, MESC argues that Seaman testified that she was allowed to bill Jackson County at her own discretion, bill the County without any oversight whatsoever, and sign her supervisor's name- despite the supervisor's affidavit to the contrary. 1

5 Jackson County would argue that these so-called distinctions are inconsequential. Instead, there is absolutely no distinction regarding the underlying misconduct in Percy as it relates to the instant case - both Percy and Seaman falsely charged for time that each did not work. Self-regulation breeds corruption, and Seaman's case is no different than the scenario described in Percy. Indeed, Seaman's supervisor Eddie Russell submitted an affidavit stating that he did not give Seaman permission to sign his name to her time cards. Incredibly, however, MESC contends that the absence of his testimony from the record somehow indicates that "he at least condoned" Seaman's misconduct. (Appellee's Brief, Page 28). Such an inference is especially unreasonable considering the affidavit he submitted. The MESC also argues that the Ramsey v. Miss. Emp. Sec. Comm'n is likewise inapplicable to Seaman's case because there was "no proof of records by which [Jackson County] could compare the work done, and the hours submitted." 919 So. 2d 255 (Miss. Ct. App. 2005) (Appellee's Brief, Page 25). As the ALJ and Judge Terry accepted all of Seaman's testimony as true, Jackson County is left without any possible means of proving Seaman's account of the facts is false because she operated with no oversight and never kept a detailed work report justifying her hours. Under this rationale, the Jackson County Board of Supervisors could only 2

6 dispute Seaman's self-serving claims by producing activity reports or work reports, which simply do not exist. Instead, Jackson County would argue that it disputed Seaman's self-serving testimony by putting forth very credible evidence that there was simply no justification for the outrageous number of hours that Seaman was submitting for alleged work. The evidence in the record, as well as common sense, dictate that working as a secretary and part-time local county fair board member does not entail eighty (80) hour work weeks for months or years on end. II. Conclusion Based on the foregoing arguments and the record, Jackson County has carried its burden in showing that Seaman's termination from employment was due to her own misconduct. As such, she should be disqualified from receiving unemployment compensation. The record is replete with evidence showing that Seaman turned in time cards for work that did not exist, signed her supervisor's name to these time cards without permission, and deliberately obtained a paycheck for work she did not do. Her claim that she worked for over a year managing an average of seventy (70) hours per week is incredulous and disputed by her employer, Jackson County. The ALI's decision, as affirmed by the Circuit Court judge, is not supported by substantial evidence and is arbitrary and 3

7 capricious. Based on the statutes cited and the current case law, Seaman was terminated for falsifying employment records, which meets the requirements of misconduct. Seaman should therefore be disqualified from receiving unemployment benefits. This the 15 th day of February, Respectfully submitted, JACKSON COUNTY BOARD OF SUPERVISORS BY: -., - - Kathy Blackwell Parker Angela E. Broun Kathy Blackwell Parker (M~ Angela E. Broun (MS Bar ~ 2915 Canty Street, Suite T Office of the Board Attorney Post Office Box 998 Pascagoula, MS (228) Telephone (228) Facsimile 4

8 CERTIFICATE OF SERVICE I, Angela E. Broun, do hereby certify that I have this day mailed, via United States mail, postage prepaid, a true and correct copy of the above and foregoing document to the following: The Honorable jerry O. Terry Appointed Special Circuit Court judge 421 Linda Drive Biloxi, Mississippi The Honorable Elisabeth Beaudrie Administrative Law judge Mississippi Department of Employment Security Post Office Box 1699 jackson, Mississippi LeAnne Brady, Senior Attorney Mississippi Department of Employment Security Post Office Box 1699 jackson, Mississippi Ms. june Seaman 8920 Orange Lake Road Moss Point, Mississippi This the 15 th day of February, Angela E. Broun 5