Soltani v. Smith
Decision Date | 04 February 1993 |
Docket Number | Civ. No. 92-142-SD. |
Citation | 812 F. Supp. 1280 |
Parties | Sharon E. SOLTANI v. Douglas A. SMITH, personally; Douglas A. Smith, Chief Deputy Treasurer; Georgie Thomas, personally; Georgie Thomas, State Treasurer; State of New Hampshire Treasury Department. |
Court | U.S. District Court — District of New Hampshire |
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Tony F. Soltani, Chichester, for plaintiff.
Susan Geiger, Asst. Atty. Gen., Concord, for defendants.
This order addresses the motion for summary judgment filed on September 1, 1992, by defendants Douglas A. Smith, as an individual and as Chief Deputy Treasurer, State of New Hampshire Treasury Department; Georgie Thomas, as an individual and as State Treasurer; and the State of New Hampshire Treasury Department.
In December of 1990, plaintiff was an employee of the Treasury Department in the position of Account Clerk III. Plaintiff's employment in this position continued through September 21, 1992.
On August 31, 1990, the position of Accounting Technician was posted in-house within the Treasury Department. Plaintiff applied for the position within the time allotted.
Diane Townsend had been employed at the Treasury Department at the level of Computer Operator I until being "bumped" by Treasury Department employee Bob Parker, who had previously been given notice that he would be laid off. Diane Townsend also applied for the position of Accounting Technician. In her affidavit, plaintiff states that "Diane Townsend is related to Defendant Thomas." Plaintiff's Affidavit in Support of Plaintiff's Objection to Motion for Summary Judgment ("Plaintiff's Affidavit") at ¶ 8.
On or around October 1990, defendant Thomas announced to all applicants for the position that it was downgraded to Account Clerk III and would be given to Diane Townsend. The position was not permanently reclassified until the summer of 1992. At no time did either defendant Smith or defendant Thomas ask plaintiff to withdraw her application for the position, nor did plaintiff ever withdraw said application.
In her affidavit, plaintiff states that after repeated requests she was allowed to take the certification exam required for the position, and that on December 13, 1990, she received a notice from the State of New Hampshire Department of Personnel informing her that she was the only applicant certified for the position. Plaintiff's Affidavit at ¶ 11.
On December 19, 1990, plaintiff filed an appeal with the State of New Hampshire Personnel Appeals Board (PAB). Plaintiff's Affidavit at ¶ 13; Plaintiff's Request For Hearing For Denial Of Promotion, dated December 19, 1990 (Attachment 5, at 1-3, to Plaintiff's Memorandum in Support of Plaintiff's Objection to Defendant's Motion for Summary Judgment ("Plaintiff's Objection Memorandum")). By letter from plaintiff's counsel Tony F. Soltani, Esquire, dated December 19, 1990, plaintiff informed defendant Smith that she had filed the PAB appeal. Plaintiff's Objection Memorandum, Attachment 2, at 1. This letter contained, inter alia, the following statements: Simultaneous to this particular appeal, I wish to bring to your attention my request for adjustment and correction in the following areas:
Id. By letter from plaintiff's counsel to defendant Thomas dated January 2, 1991, plaintiff purportedly enclosed a copy of the aforementioned letter to defendant Smith. See Plaintiff's Objection Memorandum, Attachment 3. By letter from plaintiff's counsel dated January 10, 1991, plaintiff informed State of New Hampshire Director of Personnel Virginia Vogel that defendant Thomas "refused adjustment, correction or any effort aimed at resolution of the matter of the Treasury Department's failure to promote plaintiff to the position", Plaintiff's Objection Memorandum, Attachment 4, at 1, and described in detail the elements of plaintiff's disagreement with the Treasury Department over this matter. See id. at 1-4.
Affidavit of Georgie Thomas at ¶ 8.
Plaintiff's Affidavit at ¶ 16.
Plaintiff's Affidavit at ¶ 17 (emphasis added).
Defendant's Answer to Amended and Supplemented Complaint at ¶ 18.
Plaintiff's Affidavit at ¶ 19.
On May 22, 1991, plaintiff attended a preliminary hearing of the PAB, at which defendant Smith and plaintiff's counsel were also in attendance. Plaintiff states that on this day defendant Smith ordered her to remain after working hours, began to question her about the appeal, and advised her "that things were going to get `sticky.'" Plaintiff's Affidavit at ¶ 21.
Plaintiff's Affidavit at ¶ 22. Defendants deny this, while admitting that on this occasion defendant Smith advised plaintiff that she had been on break too long. Defendants' Answer to Amended and Supplemented Complaint at ¶ 22.
On March 16, 1992, plaintiff filed a complaint with this court, commencing the instant action. On March 23, 1992, plaintiff was given a copy of a written warning by defendant Thomas. On March 24, 1992, plaintiff found a sealed envelope bearing her name on her desk. The envelope contained yet another copy of the same warning. The warning accused plaintiff of leaving a machine, which defendant Thomas identifies in her affidavit as "check signing equipment", Affidavit Of Georgie Thomas at ¶ 9, and a signature plate, in an unsecured manner overnight on March 18, 1992. Plaintiff's Affidavit at ¶ 35. Defendant Thomas did not ask plaintiff whether she had left the machine on or whether she had left the signature plate out.
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