Reed v. White, 2100444 (ala.civ.app. 9-9-2011)
2011 Ala. Civ. App. LEXIS 243
Ala. Civ. App.2011Background
- Christine White, a financial-support worker for DHR, was placed on mandatory leave with pay on March 16, 2005 pending an administrative hearing.
- On March 18, 2005, Reed notified White of charges alleging fraudulent claiming of a client's child on White's federal tax return, citing Rules of the State Personnel Board.
- White attended the April 12, 2005 hearing with counsel and invoked the Fifth Amendment regarding questions about the tax return.
- Following the hearing, Reed notified White that the hearing officer recommended termination; White's employment was terminated and she was informed of a right to an appeal to the State Personnel Board within 10 days.
- White filed a petition for a common-law writ of certiorari on April 21, 2005 seeking reinstatement with back pay, asserting due process and evidentiary/merit issues; Reed moved to dismiss for lack of exhaustion of administrative remedies and later for summary judgment.
- A bench trial resulted in a judgment: White reinstated with pay and back pay, effectively voiding Reed's termination decision; Reed timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a common-law writ of certiorari is available when a statutory right of appeal exists | White had no adequate statutory remedy and needed review by certiorari | Worley forecloses certiorari where a statutory appeal exists | Dismissed; statute provides exclusive remedy and certiorari is improper |
| Whether the petition properly challenged the suspension without pay | Suspension without pay, with or without hearing, is subject to certiorari review | If suspension is subject to statutory review, certiorari is inappropriate | Void judgment for lack of subject-matter jurisdiction over suspension review |
Key Cases Cited
- Ex parte Worley, 46 So. 3d 916 (Ala. 2010) (statutory right of appeal forecloses common-law certiorari review when available)
- Collins v. Alabama Dep't of Corr., 982 So.2d 1078 (Ala. 2007) (statutory right of appeal precludes certiorari review)
- Ex parte Conner, 855 So.2d 486 (Ala. 2003) (void judgments cannot support appeals; lack of jurisdiction)
- Vann v. Cook, 989 So.2d 556 (Ala. Civ. App. 2008) (void judgment affects appellate status)
- Bettis v. Thornton, 662 So.2d 256 (Ala. 1995) (when an issue is not argued on appeal, it is not before the court)