Williams v. HOUSING AUTHORITY OF SANFORD, FLA., 87-131-CIV-18.

• Decision Date: 28 June 1988
• Docket Number: No. 87-131-CIV-18.,87-131-CIV-18.
• Citation: 709 F. Supp. 1554
• Parties: Linda H. WILLIAMS, Plaintiff, v. HOUSING AUTHORITY OF the CITY OF SANFORD, FLORIDA, a municipal corporation, Defendant.
• Court: U.S. District Court — Middle District of Florida

709 F. Supp. 1554

Linda H. WILLIAMS, Plaintiff, v. HOUSING AUTHORITY OF the CITY OF SANFORD, FLORIDA, a municipal corporation, Defendant.

No. 87-131-CIV-18.

United States District Court, M.D. Florida, Orlando Division.

June 28, 1988.

Robert E. Weisberg, Trial Counsel, David M. Lipman, Stefan Ruud, Lipman & Weisberg, Miami, Fla., for plaintiff.

James Sweeting, III, Perry & Lamb, P.A., Sanford, Fla., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

G. KENDALL SHARP, District Judge.

This sex discrimination action was tried before the court without a jury. Based upon the facts admitted by the parties in their joint pretrial stipulation, the testimony, and evidence admitted at trial, the court enters the following findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

FINDINGS OF FACT

This action concerns the alleged failure to promote plaintiff Linda Williams, a black female, to the position of Executive Director of defendant, the Housing Authority of the City of Sanford, because of her sex. The Sanford Housing Authority (SHA), an independent state agency, is a low-rent public housing development, consisting of 480 units which house approximately 1500 persons in six projects, five multi-family and one elderly-handicapped. The overall administration of the SHA is based on the Department of Housing and Urban Development (HUD) guidelines.

The Executive Director is responsible to the five-member, policy-making SHA Board of Commissioners, who are appointed by the Sanford City Commissioners, and also serves as Secretary to the Board. During the relevant time period when plaintiff was considered for Executive Director, the five SHA Commissioners were: Joseph Caldwell, Chairman, black male; Eliza Pringle, Vice Chairperson, black female; Mary Whitney, Commissioner, black female; J. Wain Cummings, Commissioner, white male; and Leroy Johnson, Commissioner, black male. The testimony indicated that some of the Commissioners held certain allegiances among the Sanford black community, which the SHA serves predominantly. Although these loyalties were evident in their views and voting regarding candidates for Executive Director, preservation of the respectability in the SHA administration was their common goal.

Plaintiff originally was employed by SHA in January, 1972 as the Social Services Director. In this position, which she held until June, 1980, plaintiff essentially was the liaison between the residents and management. The undisputed testimony was that plaintiff performed this job efficiently and well.

From 1973 to 1980, Thomas Wilson, III, a black male, was the SHA Executive Director under whom plaintiff served as Social Services Director. After five years of supervising plaintiff, Wilson's February 6, 1978 review of her work describes her strongest point as "ability to coordinate" and her weakest point as "sometimes lets down." He viewed her as having "good ability," as being a "definite asset" to SHA, and as "greatly improved since last evaluation." In his December 3, 1979 performance appraisal of plaintiff for December 1, 1978 to November 30, 1979, Wilson's overall evaluation of plaintiff states that she was a "good conscientious employee," who accomplished assignments with "minimal difficulty." He also commented that "absentees due to physical illness somewhat slows her up from realizing full potential, but, nevertheless, she performs professionally and delivers promptly."

In June, 1980, while Wilson was Executive Director, plaintiff was promoted to Deputy Director Housing Services of SHA. Plaintiff testified that her basic responsibilities remained the same and that she acquired some managerial functions, such as staff supervision and rent collections. She also served as acting Executive Director in the Executive Director's absence.

During Wilson's tenure as Executive Director from 1973 to 1980, he also was involved in the Seminole County Housing Authority as well as the community development Block Grant Program, sponsored by the City of Sanford and managed by SHA. On occasion, Wilson conducted all three programs from his SHA Executive Director's office. Plaintiff administered the SHA for Wilson, and she kept both the Block Grant Program and the SHA records, with the financial officer under her supervision.

The SHA Board of Commissioners became concerned regarding Wilson's administration of the Block Grant Program. He was criticized for irregularities in purchasing of property, and there were allegations that money for the Block Grant Program was being used to pay SHA employees. Plaintiff admitted that SHA employees, who should have been dealing with the public housing sector, were spending too much time on the Block Grant Program.

When the criticism became focused on the mismanagement of the Block Grant Program, the SHA Board of Commissioners fired Wilson. The Federal Bureau of Investigation investigated the Block Grant Program at the request of the Sanford City Manager. No one was charged. Following an audit of the Block Grant funds, the City Manager sent a memorandum, dated February 25, 1982, to plaintiff thanking her for reconstructing the accounts. The City Manager advised plaintiff that "I believe the Authority should take particular sic note of this report as it shows the records and practices of the Authority administration needs sic attention——critical attention!"

With the termination of Wilson, the SHA Board of Commissioners appointed Lewis B. Cox, a white and SHA financial officer, as Executive Director because of his strong accounting background with Stromberg-Carlson and its need to rectify SHA financial problems. Plaintiff testified that she did not feel discriminated against when Cox was made Executive Director because the Board of Commissioners employed him for his financial knowledge.

Under Cox as Executive Director, plaintiff's title changed to Director of Management because she was performing more management functions, and her salary increased. As Director of Management, plaintiff supervised the finance office, the maintenance superintendent, the bookkeeper, and the resident manager as well as selected tenants according to HUD guidelines. Plaintiff, however, answered directly to the SHA Board of Commissioners as Director of Management.

In his June 30, 1981 performance appraisal of plaintiff from July, 1980 to June, 1981, Cox found her to be "knowledgeable and concerned" about her job, receptive to responsibilities, and able to cope with pressure. He remarked that she had "strong potential for any management job." Cox voluntarily resigned as SHA Executive Director in July, 1981, because he and his family were moving out of state. By way of a July 13, 1981 letter, directed to the Joseph Caldwell, Chairman of the SHA Board of Commissioners, Cox made some suggestions to the Board for the future administration of SHA. One of these suggestions was that plaintiff be appointed Executive Director because of her capability and understanding of the circumstances under which SHA had been operating.

In their August 5, 1981 special meeting, pursuant to the departure of Cox as Executive Director, the SHA Board of Commissioners reviewed resumes, collected since the termination of Wilson. The minutes show that they decided to re-advertise the position locally and nationally "to allow interested and qualified persons a fair opportunity to apply." The commissioners also agreed to appoint an Interim Executive Director.

The Board of Commissioners passed Resolution No. 636, which appointed plaintiff Interim Executive Director, at their August 13, 1981 meeting. Her salary was adjusted from $17,567.00, which she was earning as Director of Management, to $26,100.00. In addition to her retained responsibilities as Director of Management, plaintiff had management authority over all SHA operations, including occupation, maintenance and finances of the 480 units as well as the preparation of HUD reports and audits.

Plaintiff prepared and placed the advertisement for the Executive Director position in local newspapers and various public housing publications, including one of national circulation. The advertisement requested resumes for an individual who would be responsible for all phases of public housing, including planning, fiscal management, supervision and coordination of the 480 units, and who could implement Board policies. Additional criteria were management experience, preferably, a college degree, public housing certification or the acquisition thereof within the first year of employment, and familiarity with government (HUD) regulations was considered helpful.

Plaintiff testified that, shortly after she was appointed Interim Executive Director, Commissioner Pringle told her that what she was doing was like a principal's job and that it was "man's work." Eliza Pringle, who had retired from forty years of teaching school, was on the SHA Board from July, 1981 to 1984, during the relevant time when an Executive Director to replace Cox was being sought. She was not questioned regarding the alleged statement when she testified.

Plaintiff also testified that Commissioner Pringle said in August or September, 1981, that she wanted the applicants to send pictures so that she could tell whether they were male or female. This statement does not appear in the Board minutes and a picture is not requested in the SHA Executive Director advertisement admitted into evidence. Furthermore, at trial, Pringle convincingly testified regarding the apparently informal resume-review method, whereby the Commissioners passed the candidate resumes around the group. She testified that there was no special way to separate the resumes and that each resume was discussed. She recalled commenting that it would be "nice," given some of the non-gender names, if the applicants included pictures so that the correct form of address, Mr., Mrs. or Ms., could be used and that...