Buckley v. W. Mont. Cmty. Mental Health Ctr.

• Decision Date: 30 March 2021
• Docket Number: DA 20-0372
• Citation: 2021 MT 82,485 P.3d 1211,403 Mont. 524
• Parties: Paula BUCKLEY, Plaintiff and Appellant, v. WESTERN MONTANA COMMUNITY MENTAL HEALTH CENTER, and John Does 1-10, Defendants and Appellees.
• Court: Montana Supreme Court

403 Mont. 524

485 P.3d 1211

2021 MT 82

Paula BUCKLEY, Plaintiff and Appellant,

v.WESTERN MONTANA COMMUNITY MENTAL HEALTH CENTER, and John Does 1-10, Defendants and Appellees.

DA 20-0372

Supreme Court of Montana.

Submitted on Briefs: February 24, 2021

Decided: March 30, 2021

For Appellant: Todd A. Hammer, Marcel A. Quinn, Hammer, Quinn & Shaw PLLC, Kalispell, Montana

For Appellee: Susan Moriarity Miltko, Tyler C. Smith, Williams Law Firm, P.C., Missoula, Montana

Justice Laurie McKinnon delivered the Opinion of the Court.

¶1 Paula Buckley appeals an order from the Eleventh Judicial District Court, Flathead County, granting Western Montana Community Mental Health Center (WMMHC) summary judgment on Buckley's Wrongful Discharge from Employment Act claim. We affirm and address the following issue for review:

Whether the District Court erred in granting WMMHC summary judgment on Buckley's Wrongful Discharge from Employment Act claim.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 WMMHC is a nonprofit mental health care corporation that provides mental health care and treatment for patients in western Montana who have serious and disabling mental illnesses. Because WMMHC is a mental healthcare facility, certain policies and procedures must be followed. WMMHC cannot permit any form of abuse or neglect of a person admitted to its facilities and is required to implement certain procedures that define guidelines for reporting, investigating, and resolving any abuse or neglect of clients. Sections 53-21-107 and -142, MCA. WMMHC must implement procedures—here, set forth in the WMMHC Employee Policies Handbook—and provide them to each new employee. Importantly, WMMHC prohibits the abuse, neglect, or exploitation of clients, and sets forth grounds for immediate termination should any of these abuses occur. WMMHC is also required to afford its clients the right to privacy and dignity, the right to the least restrictive conditions necessary to achieve treatment, the right to visitation and access to telephone communications, the right to maintain possession of personal property, and the right to a humane psychological and physical environment within WMMHC facilities. See §§ 53-21-107 and -142, MCA.

¶3 Prior to Buckley's employment with WMMHC, she worked as the program manager for a group home for adolescent girls. Buckley utilized a "level system" where clients were given rules and expectations for living in the group home. Failure to comply with the level system would result in the client losing privileges. In April 2018, the adolescent group home closed due to lack of State funding and Buckley accepted a position as program manager for two WMMHC adult group homes in Kalispell, Montana, where individuals with serious and disabling mental illness resided.

¶4 Before Buckley began at the adult group homes, WMMHC provided her with a document—titled "Functional Job Description"—which she acknowledged and signed. The document described she would primarily be responsible for "providing direct care and guidance to adults with serious and disabling mental illness in therapeutic group home." The document detailed her job duties, which included: supervising residential care workers, promoting treatment plans to support clients, and ensuring compliance of WMMHC policies and procedures with Montana law. The document also described her "essential job duties," which included: commitment to WMMHC's vision, values and mission; knowledge and understanding of residential treatment for adults with serious and disabling mental illness; the ability to work within the framework of a therapeutic milieu; and the ability to exercise sound judgment.

¶5 Shortly after starting her new position, Buckley restructured the level system she used at the youth group home to apply to the adult group homes. The adjustment provided that clients would lose privileges if they earned a certain number of demerits in a week. The new level system (Level System) included certain limitations on clients’ phone usage, use of electronics in their room, visits with family and friends, and the ability to possess or keep certain items of personal property. In February 2019, Buckley received her first annual performance review as the program manager for the adult group homes, which indicated her overall performance was satisfactory.

¶6 On April 5, 2019, WMMHC Chief Operating Officer, Natalie McGillen, received a report from the WMMHC operations manager expressing concerns about Buckley's policies and treatment of clients. McGillen reported that Buckley's policies and procedures, embodied by her Level System, adversely affected clients’ rights and amounted to abusive acts. That same day, McGillen received a call from the WMMHC clinical coordinator indicating that some of the group homes’ policies relating to client care and management were "punitive in nature." McGillen visited the group homes on April 9, 2019, to discuss the concerns with staff members. McGillen also met with Buckley and informed her of the gravity of these complaints and that WMMHC would be commencing an investigation to gather additional information in relation to the concerns.

¶7 On April 10, 2019, McGillen received a list of client complaints from the group homes, including: (1) they were not allowed to return to the group home when they forgot something; (2) they were always escorted by staff to and from the group home; (3) personal belongings, such as cell phones, were confiscated; (4) they were made to perform calisthenics or pay 25 cents if they forgot to pick up belongings in the common-area; (5) they objected to the Level System and demerits, or "challenges"; (6) they never got time off to relax on the weekends and had, instead, mandatory outings and activities; (7) they were not allowed to wear comfort clothing on the weekend; (8) they could not smoke after 10 p.m.; (9) the kitchen was only open during certain hours; (10) staff would gather information from clients to use against a client to issue demerits; (11) staff controlled clients’ diets by telling them what they could eat; (12) they had no control over their personal money; (13) they were not allowed to have electronics in bedrooms for the first month; (14) there were forced activities; (15) they were told they had too many personal belongings; (16) they had laundry privileges only on certain days; (17) they could not talk about their mental health symptoms; (18) they were issued a three-day notice of eviction if they swore or screamed at staff; and (19) they could not sleep in on the weekend.

¶8 On May 1, 2019, McGillen received a complaint from a therapist alleging a client had been locked out of the group home for over an hour because he went outside to smoke. Later that day, McGillen received another complaint that clients were afraid to report concerns for fear of retribution or eviction from the group home. On May 3, 2019, WMMHC's Quality and Compliance Manager met with nine group home residents, each of whom expressed concerns about their treatment and the treatment of others. A report was prepared and provided to WMMHC. The report noted the clients’ accounts were consistent in indicating that Buckley's Level System used fear and shame to control client behavior. The State of Montana and the Board of Visitors were notified about these concerns on May 6, 2019. See generally § 53-21-107, MCA. On May 8, 2019, WMMHC staff members were interviewed regarding the clients’ complaints. Staff noted rules implemented by Buckley with which they disagreed, and raised concerns about the punitive nature of Buckley's interactions with group home clients. Additionally, the staff members discussed how the Level System was demoralizing to clients and hampered their recovery process.

¶9 As a result of the investigation, WMMHC determined the concerns warranted Buckley's immediate termination under its discipline policies. On May 14, 2019, Buckley received a Termination Notice discharging her from her duties and position as program manager, and detailing the reasons for her termination. The Notice referred to clients’ fear of losing their housing due to infractions and the demoralizing, punitive Level System. The Notice also detailed that Buckley was notified on April 9, 2019, of the complaints made and the impending investigation. WMMHC noted due to the seriousness of the allegations and the investigation's conclusions, immediate termination was warranted under the WMMHC Employee Policies Handbook, and Montana law, to protect the clients in the group homes.

¶10 Buckley met with the WMMHC Executive Director-Human Resources Director to complete an Employee Separation Form, which listed "policy violation" and "client abuse" as the reasons for separation. Buckley appealed her discharge utilizing the three-step internal disciplinary grievance procedure detailed in WMMHC's Employee Policies Handbook.¹ Buckley was denied her Step 1 and Step 2 grievances, resulting in her request for a formal meeting under Step 3. WMMHC conducted a conference call with Buckley on May 20, 2019. On May 28, 2019, WMMHC's HR Director emailed the decision letter to Buckley, which concluded that "the progressive process used to investigate, discipline, and discharge Buckley substantively complied with WMMHC policies and procedures and were warranted under the circumstances."

¶11 On June 28, 2019, Buckley filed an action in District Court alleging she was wrongfully discharged because WMMHC terminated her employment without "good cause" and in violation of its written personnel policy within the Policies and Procedures Manual. Buckley subsequently moved for partial summary judgment, alleging the undisputed facts established her termination did not comply with the procedures outlined in the WMMHC Policies and Procedures Manual. In response, WMMHC filed a motion for summary judgment in May 2020. Oral argument was held in July 2020. The District Court issued its final order on July 15, 2020, holding WMMHC...