Brown v. Mobile Cnty. Comm'rs

• Decision Date: 06 January 2015
• Docket Number: Civil Action No. 14–00343–KD–C.
• Citation: 79 F.Supp.3d 1259
• Parties: Karen Padgett BROWN, Plaintiff, v. MOBILE COUNTY COMMISSIONERS, et al., Defendants.
• Court: U.S. District Court — Southern District of Alabama

79 F.Supp.3d 1259

Karen Padgett BROWN, Plaintiff

v.MOBILE COUNTY COMMISSIONERS, et al., Defendants.

Civil Action No. 14–00343–KD–C.

United States District Court, S.D. Alabama, Southern Division.

Signed Jan. 6, 2015.

Filed Jan. 7, 2015.

Karen Padgett Brown, Mobile, AL, pro se.

R. Scott Hetrick, Adams & Reese, LLP, Mobile, AL, for Defendants.

ORDER

KRISTI K. DuBOSE, District Judge.

This matter is before the Court on Defendant's Motion for Summary Judgment solely on Plaintiff's discriminatory and retaliatory termination claim (Docs. 12, 13) and Defendant's Reply (Doc. 17). While provided with the opportunity to do so, Plaintiff did not respond to Defendant's motion for summary judgment.

I. Background

This cause came before the Court on Defendant Mobile County Commissioners' motion for summary judgment on Plaintiff Karen Brown's discriminatory/retaliatory termination claim made under Title VII of the Civil Rights Act of 1964. The Mobile County Commissioners seek summary judgment arguing Brown was discharged due to her dishonest misconduct, not because of her race, sex, or alleged protected activity. The Mobile County Commissioners assert an investigation of Brown's conduct provided ample basis for the decision-makers to conclude Brown misled vendors, dishonestly misused the County's purchase order system for personal aims in violation of multiple purchasing policies, did so even after a previous warning for similar misconduct, attempted to cover up her misconduct, and lied to her department manager when she was caught. After due consideration of the pleadings, briefs, and evidentiary materials submitted by the parties, the Court finds that there is no genuine issue of material fact, and The Mobile County Commissioners are entitled to judgment on Brown's termination claim as a matter of law. The Court enters the following Findings of Fact and Conclusions of Law and Order granting summary judgment.

II. Findings of Fact¹

A. “Chain of Command” and “Cast of Characters” Background Information

The Mobile County Commission is the elected government of Mobile County, Alabama.

Merceria Ludgood is County Commissioner for District One. Connie Hudson is County Commissioner for District Two. Jerry Carl is County Commissioner for District Three. (Lawson Decl. ¶ 2). The County has a Public Works–Engineering Department headed by Joe Ruffer, Director of Public Works / County Engineer. Ruffer reports directly to the County Commission. Public Works Superintendent Ted Lawson, Sr. reports to Ruffer and oversees the day-to-day operations of the Public Works side of the Department. (Lawson Decl. ¶ 2).

Brown worked as an Automotive Parts Buyer for the Public Works Department from November 2007 until her termination in November 2013. She worked at the Public Works facility located at 1150 Schillinger Road North, Mobile, Alabama 36608. This facility is colloquially referred to as “Camp 1” and includes the Public Works equipment maintenance parts department and primary vehicle and equipment maintenance garage.² (Lawson Decl. ¶ 3).

Fletcher Robinson is a Purchasing Manager in the Public Works Department who was Brown's primary direct supervisor from approximately January 2011 until her termination in November 2013. Raymond Shelly is a Garage Supervisor who was Brown's primary direct supervisor prior to Robinson's promotion. Robinson and Shelly report to Equipment Services Manager Robert Gordon, who in turn reports to Lawson. Lawson had promoted Robinson in late 2010 / early 2011 in the hope he would provide a “buffer” between Brown and Shelly who had clashed in the past. Shelly often had complaints about her work, and Brown disliked what she perceived as Shelly's overbearing supervisory style. (Lawson Decl. ¶ 4).

B. Plaintiff's Job Duties & Ethical Purchasing Responsibilities

The Mobile County Public Works Department is responsible for supervision of the design and construction of any new publicly-funded projects within Mobile County, for issuing permits and inspecting all building construction on private property in the unincorporated portion of the County, and for issuing permits for construction to be performed by outside agencies or private contractors within a County road right-of-way. The Department is also responsible for maintaining County-owned buildings, an airport on Dauphin Island, several parks, a significant number of roads, drainage facilities associated with these roads, bridges, traffic control devices, a countywide trunked radio system, and environmental measures. The Department is also responsible for administering contracts approved by the County Commission, planning, mapping of all roads in the County, subdivision plan review, commercial site plan review, road and drainage improvements, and bridge construction and/or repair. (Lawson Decl. 14).

To carry out these various obligations, the County owns a large fleet of automobiles, equipment, and other vehicles assigned for use by the Public Works Department. To maintain the fleet, the County must regularly purchase automotive and construction equipment parts and supplies. As an Automotive Parts Buyer, Brown was directly responsible for purchasing parts for the vehicles and equipment of the road and bridge division of the Public Works Department. (Lawson Decl. 16). Brown's job description³ characterizes the “distinguishing features” of her job as follows:

An employee in this class is responsible for the timely and economical purchase of parts and supplies, for assuring the proper quality of parts purchased, and for maintaining inventory control. Work is performed in accordance with well defined policies and procedures under the direct supervision of the Purchasing Agent, Garage Supervisor or other superior.

The job description further indicates some examples of the work to be done, including:

Receives orders for parts and supplies from authorized personnel independently makes purchases of the normal and less complex requirements in accordance with best price and quality; prepares requisitions and bid forms; handles routine correspondence with vendors; performs a variety of related clerical work; interviews vendors and sales representatives by phone and in person; submits invoices for payment after checking for proper conformance to order; ...

The job description also states as one of the “essential requirements of the work” that Brown must have “good knowledge of the laws and ordinances governing governmental purchasing”.

Mobile County's General Purchasing Policies were one critical law/ordinance governing Brown's job.⁴ In general, these regulations require employees like Brown to use the County's purchase system only to purchase goods for County purposes, and forbid employees from using the County's purchase system to make personal purchases. The regulations also provide that false or unauthorized transactions using the County's purchasing system are grounds for discipline including discharge from employment. (Lawson Decl. ¶ 6).

In particular, the purchasing policies informed Brown that the “purpose of a valid Purchase Order is to serve as authorization for a County representative to enter into a transaction for goods and services on behalf of the County Commission.” Policy GPP–8 states “Buyers are to process only properly approved requisitions” and further states “buyers are the only personnel authorized to enter into transactions for goods and services on behalf of Mobile County.” Policy GPP–4 states a “Purchase Order is required any time permission for the purchase of a good or service has not already been established through another Commission-approved method.” Policy GPP–2 provides that “personnel ... who initiate an unauthorized transaction may be terminated or subject to some other disciplinary action”. Policy GPP–13 similarly states the “designated responsible employee must authenticate all goods ... received. Personnel ... who falsely authenticate receiving goods ... for the benefit of the County ... may be terminated or subject to some other disciplinary action”. (Lawson Decl. Exhibit 2).

C. Investigation of Plaintiff's Misconduct

The events leading to Brown's discharge began with a report on November 6, 2013, from Robert Howell, a parts runner for the Public Works Department. On that day, Howell reported that he went on a parts run for another buyer to a vendor named Clutch & Powertrain. Clutch & Powertrain employee Lee Mullin gave Howell two axels, seals and bearings to deliver to Brown. When Howell returned to Camp 1, he put the seals and bearings on Brown's desk and gave her the receipt from Clutch & Powertrain. At Brown's request, Howell put the axels in her personal vehicle in the Camp 1 parking lot. (Lawson Decl. ¶ 9).

Howell apparently felt uneasy about this transaction and reported the matter to his supervisor. Howell was directed to prepare a written statement⁵ and to contact Clutch & Powertrain to request the vendor to fax over a copy of the invoice.⁶ (Lawson Decl. ¶ 9). Howell's statement recites:

While out making my morning parts runs one of the parts buyers Eddie Rome called me on the county radio about 10: AM and ask me if I could run by Clutch Products and pick up a clutch that was ready. While I was their Lee, a salesman ask me to take some parts to Karen Brown the other parts buyer. I ask if there was a purchase order number on the ticket Lee said it was, so I loaded the clutch, axles, bearings and seals in the county pickup and returned to the shop. When I went in to the parts room I ask Karen where she wanted the parts she said that for me to put them in her car, so I put the axles in her car and gave her the rest. I thought about it and went and talk to the Supervisor Keith Weed and he called Robert Gordon Equipment Service Manager, Keith told me that Robert told him to put the paper work in an envelope and for me to bring it to him and I did.

(Lawson Decl. Exhibit 7).

It was the understanding of Brown's superiors at the time that Brown owned a 2003 Ford Crown...