Decision

Filed: October 23, 2007

Civil Service Commission

State of Louisiana

Docket No. 16264

Krystal Addison

Versus

Louisiana State University Health Sciences Center-Shreveport

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Rule(s): 13.21

Topic(s): Right of appeal; enforcement of settlement agreement

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Appearances: Krystal Addison, in proper person

William A. Norfolk, counsel for LSUHSC-S

Statement of the Appeal

Louisiana State University Health Sciences Center-Shreveport (LSUHSC) formerly employed Krystal Addison as an Accountant 1 and she served with permanent status.

On September 20, 2007, Ms. Addison filed an appeal postmarked September 19, 2007. In her appeal, Ms. Addison complains that LSUHSC has violated the settlement agreement it entered into with her on June 12, 2007, regarding her prior appeal bearing docket no. S-16136. Specifically, she alleges that LSUHSC has violated the settlement agreement by: 1) refusing to interview her for vacant positions or hire her, 2) providing negative references about her to other state agencies, 3) cancelling her health insurance, and 4) not completing a LDOL Form 77 Separation Notice.

On October 4, 2007, I issued notice to LSUHSC requesting that it respond in writing to Ms. Addison’s allegations within fifteen (15) calendar days of the date of the notice. On October 5, 2007, I issued notice to Ms. Addison questioning whether she has alleged a right of appeal to the Commission, in that she is no longer a state classified employee and none of the alleged actions appear to violate the Civil Service Rules or Article. I gave her fifteen (15) calendar days to respond in writing why I should not summarily dismiss her appeal.

Ms. Addison responded to the notice on October 9, 2007. In her response, she rehashes matters connected to the merits of her prior appeal, reiterates the allegations of her present appeal, and attaches a list of state positions she has unsuccessfully applied for.

LSUHSC responded to Ms. Addison’s allegations on October 12, 2007. LSUHSC submits that it has complied with the settlement agreement and it has no obligation to employ Ms. Addison. LSUHSC also states that it submitted an LDOL Form 77 to the Department of Labor before the confection of the settlement agreement and that it did not contest Ms. Addison’s claim for unemployment benefits.

Based upon a review of the record and pursuant to Article X, Section 12(A) of the Louisiana Constitution of 1974, I reach the following conclusions.

Conclusions of Law

Ms. Addison voluntarily resigned her position with LSUHSC effective February 14, 2007, so she is no longer a state classified employee. Since she is not a state classified employee, the only issue in this appeal is whether LSUHSC has violated the terms of the settlement agreement. The terms of the settlement agreement read as follows:

1) LSU rescinds the termination of Addison and withdraws its letter of termination dated February 14, 2007 and its predeprivation letter dated February 7, 2007.

2) LSU will remove from Addison’s personnel file the documents referred to in the aforesaid February 7, 2007 and February 14, 2007 letters and will have same deposited outside the agency.

3) Addison voluntarily resigns her employment with LSU effective February 14, 2007 and LSU accepts that resignation.

4) This settlement agreement constitutes a settlement of all claims existing between the parties as of the date of the settlement.

5) Each party will bear its own costs, including attorney’s fees.

6) In consideration of the above, Addison withdraws the captioned appeal, with prejudice.

Nothing in the settlement agreement requires LSUHSC to reemploy Ms. Addison, continue her health insurance, or complete another LDOL Form 77 Separation Notice. As to Ms. Addison’s allegation that LSUHSC is providing negative references about her to other state agencies, not only is the settlement agreement silent on this issue, LSUHSC is required by In re: Byron A. Nagel, (Department of Natural Resources and Department of Environmental Quality), CSC Docket No. S-14562, to give truthful information about Ms. Addison when asked, even if it results in a negative reference. I therefore find that LSUHSC did not violate the terms of the settlement agreement.

Accordingly, I hereby summarily dismiss this appeal.

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Paul St. Dizier

Civil Service Commission Referee