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Appeal Summaries

MPC 02-106

Keith Bowers, a permanent classified Institutional Safety and Security Coordinator with the Office of Juvenile Affairs, filed an appeal with the Commission on October 29, 2001 alleging a violation of Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-11-16, Involuntary demotion. He asserted that he was forced to take a voluntary demotion or be terminated.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director dismissed the appeal after determining that Mr. Bowers did not provide evidence to support his allegations.

Mr. Bowers appealed to the District Court of Tulsa County who remanded the matter to the Commission for hearing. The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5 and Title 74 O.S., Section 840-6.6.

On April 25, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Bower?s appeal.

MPC 02-194

Lavada D. Hunter, a permanent classified Administrative Assistant with the Department of Mental Health and Substance Abuse Services, filed an appeal with the Commission on February 20, 2002 alleging a violation of Merit Rule 530:10-17-31, Employee performance management system. Ms. Hunter asserted that a performance management process she had closed out on December 31, 2001 was not completed by her immediate supervisor.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Merit Rule 530:10-17-31, may have occurred and scheduled this matter for an Arbitration Conference before an Alternative Dispute Resolution Program (ADRP) Facilitator.

On November 7, 2002 the Commission issued the Final Order in this matter in which ADRP Facilitator Tucker reduced the corrective action to writing and dismissed Ms. Hunter?s appeal.

MPC 02-228

Richard Mullican, a permanent classified Information Systems Application Specialist with the Oklahoma Employment Security Commission, filed an appeal with the Commission on April 1, 2002 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On September 20, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Mullican?s appeal.

MPC 02-240

Christopher K. Richards, a permanent classified Senior Probation and Parole Officer with the Department of Corrections, filed an appeal with the Commission on April 11, 2002 appealing a 4 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On August 8, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Richard?s appeal.

MPC 02-245

Terry M. Fox, a permanent classified Information Systems Network Management Specialist with the Office of State Finance, filed an appeal with the Commission on April 17, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On August 2, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bussey sustained Mr. Fox?s appeal.

The Office of State Finance appealed this matter to the District Court of Oklahoma County. On April 29, 2003 the District Court remanded the matter to the Commission for further determination and clarification. On May 6, 2003 the Commission issued an Addendum Order in which Administrative Law Judge Bussey clarified that Mr. Fox?s discharge would have been affirmed except for the failure of the Office of State Finance to comply with Title 74 O.S., Section 840-4.17(E), Employee service rating system.

MPC 02-269

Terry L. King, a permanent classified Senior Probation and Parole Officer with the Department of Corrections, filed an appeal with the Commission on May 10, 2002 appealing a 2 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On October 28, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. King?s appeal.

MPC 02-282

Michael D. Dennis, a permanent classified Social Services Specialist with the Department of Human Services, filed an appeal with the Commission on May 30, 2002 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 16, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Barnes did not sustain Mr. Dennis? appeal.

MPC 02-289

Shawn B. Price, a permanent classified Correctional Security Manager with the Department of Corrections, filed an appeal with the Commission on June 7, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On September 20, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Barnes sustained in part Mr. Price?s appeal.

MPC 02-315

Michael P. Hansen, a permanent classified Administrative Technician with the Department of Corrections, filed an appeal with the Commission on June 28, 2002 alleging a violation of Merit Rule 530:10-9-9, Disqualifications. Mr. Hansen asserted that the Office of Personnel Management erred when it was determined that he did not meet the minimum qualifications for the Vocational Rehabilitation Specialist classification.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Merit Rule 530:10-9-9 may have occurred and scheduled this matter for an Arbitration Conference before an Alternative Dispute Resolution Program Facilitator.

On December 5, 2002 the Commission issued the Final Order in this matter in which ADRP Facilitator Kirtley sustained Mr. Hansen?s appeal.

On December 15, 2002 the Office of Personnel Management filed a Petition for Reconsideration with the Commission in accordance with Title 75 O.S., Section 317, Rehearing, reopening or reconsideration of agency decision. On March 27, 2003 the Commissioners granted the Petition for Reconsideration finding that ADRP Facilitator Kirtley failed to consider evidence submitted by the Office of Personnel Management which was reviewed by subject matter experts and Mr. Hansen?s experience did not qualify him for the classification.

MPC 03-003

Loyal A. Kamm, a permanent classified Power Plant Maintenance Technician with the Grand River Dam Authority, filed an appeal with the Commission on July 3, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On October 4, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bussey did not sustain Mr. Kamm?s appeal.

MPC 03-044

Roy P. Rogers, a permanent classified Correctional Security Officer with the Department of Corrections, filed an appeal with the Commission on July 26, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On October 22, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Rogers? appeal.

MPC 03-052

John Adams, a permanent classified Patient Care Assistant with the Department of Mental Health and Substance Abuse Services, filed an appeal with the Commission on August 2, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On October 15, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bussey did not sustain Mr. Adams? appeal.

MPC 03-053

Deidre E. Lockwood, a permanent classified Administrative Programs Officer with the Department of Human Services, filed an appeal with the Commission on August 5, 2002 appealing a 10 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On February 4, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Barnes sustained in part Ms. Lockwood?s appeal.

MPC 03-063

Michael E. Hall, a permanent classified Correctional Security Manager with the Department of Corrections, filed an appeal with the Commission on August 9, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 6, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustainMr. Hall?s appeal.

MPC 03-071

Arthur E. Trinkle, a permanent classified Probation and Parole Officer with the Department of Corrections, filed an appeal with the Commission on August 19, 2002 appealing an involuntary demotion.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 16, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Barnes sustained in part Mr. Trinkle?s appeal.

MPC 03-076

Undra R. Ware, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on August 22, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On November 19, 2002 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Ms. Ware?s appeal.

MPC 03-077

Anetta L. Cooper, a permanent classified Administrative Programs Officer with the Department of Human Services, filed an appeal with the Commission on August 22, 2002 alleging a violation of Merit Rule 455:10-3-5, Discrimination. Ms. Cooper asserted that her salary increase after a promotion was not uniform with other employees and black employees received less of a salary increase than white employees.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Merit Rule 455:10-3-5 may have occurred and scheduled this matter for hearing before an Administrative Law Judge. This matter was consolidated with MPC 03-078, Alice F. Gray; MPC 03-079, Mary A Jackson; and MPC 03-080, Ina R. Sanders, who filed appeals making the same allegation.

On April 30, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges sustained in part Ms. Cooper?s appeal.

MPC 03-083

Terry L. King, a permanent classified Probation and Parole Officer with the Department of Corrections, filed an appeal with the Commission on August 26, 2002 appealing an 8 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On May 27, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. King?s appeal.

MPC 03-086

Bill R. Vandergriff, a permanent classified Child Welfare Specialist with the Department of Human Services, filed an appeal with the Commission on August 29, 2002 alleging a violation of Title 74 O.S., Section 840-2.9(A), Discrimination and other prohibited acts. Mr. Vandergriff asserted that he was discriminated against based on his gender [male] when he was required to keep the Office of Client Advocacy on-call phone longer than policy required.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Title 74 O.S., Section 840-2.9(A) and Title 74 O.S., Section 840-2.1(F), Affirmative action may have occurred and scheduled this matter for hearing before an Administrative Law Judge.

On May 20, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Vandergriff?s appeal.

On June 20, 2003 the Commission issued an Addendum Decision in which Administrative Law Judge Floyd awarded the Department of Human Services attorney fees and costs.

MPC 03-090

Robert Carter, a permanent classified Correctional Security Officer with the Department of Corrections, filed an appeal with the Commission on September 4, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On January 27, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges sustained in part Mr. Carter?s appeal.

MPC 03-112

Leo C. Bray, a permanent classified Highway Patrol Officer with the Department of Public Safety, filed an appeal with the Commission on September 27, 2002 appealing an involuntary demotion.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On May 14, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bussey did not sustain Mr. Bray?s appeal.

MPC 03-129

Rodney McCrady, a permanent classified Highway Patrol Officer with the Department of Public Safety filed an appeal with the Commission on October 16, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On April 25, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges sustained in part Mr. McCrady?s appeal.

MPC 03-140

Nancy A. Morton, a permanent classified Secretary with the Department of Corrections, filed an appeal with the Commission on November 4, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On February 4, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Morton?s appeal.

MPC 03-145

Rodney Newman, a permanent classified Information Systems Application Specialist with the Department of Human Services, filed an appeal with the Commission on November 13, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On March 13, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Newman?s appeal.

MPC 03-148

Billy W. Trask, a permanent classified Accounting Technician with the Department of Human Services, filed an appeal with the Commission on November 19, 2002 alleging a violation of Title 74 O.S., Section 840-2.9(D), Discrimination and other prohibited acts, Section 840-4.15(7), Posting vacancies and promotional opportunities, and Merit Rule 530:10-11-38, Promotion or demotion of probationary employees. Mr. Trask asserted that the successful candidate for a promotional opportunity to an Administrative Assistant was pre-selected and not eligible for promotion.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Title 74 O.S., Section 840-2.9(D), Section 840-4.15(7) and Merit Rule 530:10-11-38 may have occurred and set this matter for hearing before an Administrative Law Judge.

On December 3, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd sustained Mr. Trask?s appeal.

On December 29, 2003 the Commission issued an Addendum Order in which Administrative Law Judge Floyd denied Mr. Trask?s motion for attorney fees and costs in accordance with Title 74 O.S., Section 840-6-8, Attorney fees and costs - Motion - Supporting evidence - Review.

Mr. Trask filed a Petition for Reconsideration of the Addendum Order in accordance with Title 75 O.S., Section 317, Rehearing, reopening or reconsideration of agency decision. On February 26, 2004 the Commission issued a Final Petition Order in which the Commissioners granted Mr. Trask?s Petition for Reconsideration and granted the award of attorney fees and costs.

MPC 03-159

Olen Arnold, a permanent classified Property Distribution Administrator with the Department of Central Services, filed an appeal with the Commission on December 4, 2002 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On August 4, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Arnold?s appeal.

MPC 03-179

Randal K. McCullough, a permanent classified Highway Patrol Officer with the Department of Public Safety, filed an appeal with the Commission on January 3, 2003 appealing a 25 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On April 25, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. McCullough?s appeal.

MPC 03-198

Ken J. Barton, a permanent classified Correctional Case Manager with the Department of Corrections, filed an appeal with the Commission on January 16, 2003 appealing a 1 day suspension without pay.

The matter was set for a Binding Arbitration Conference before an Alternative Dispute Resolution Program Facilitator in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-17-6, Binding arbitration conference.

On July 10, 2003 the Commission issued the Final Order in this matter in which ADRP Facilitator Kirtley did not sustain Mr. Barton?s appeal.

MPC 03-201

Chris N. Crites, a permanent classified Correctional Security Officer with the Department of Corrections, filed an appeal with the Commission on January 24, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On June 6, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Crites? appeal.

MPC 03-203

John T. Brack, a permanent classified Child Welfare Specialist with the Department of Human Services, filed an appeal with the Commission on January 27, 2003 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On June 3, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Brack?s appeal.

MPC 03-217

Terry Meadows, a permanent classified Social Services Specialist with the Department of Human Services, filed an appeal with the Commission on February 18, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On August 7, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Meadow?s appeal.

MPC 03-224

Ava G. Purcell, a permanent classified Transportation Equipment Operator with the Oklahoma Department of Transportation, filed an appeal with the Commission on March 3, 2003 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On July 23, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Purcell?s appeal.

MPC 03-237

Terry M. Fox, a permanent classified Information Systems Network Management Specialist with the Office of State Finance, filed an appeal with the Commission on March 31, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On June 20, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd granted the Motion to Dismiss.

MPC 03-249

Cathy L. Burch, a permanent classified Food Service Specialist with the Department of Human Services, filed an appeal with the Commission on April 17, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On August 11, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Burch?s appeal.

MPC 03-257

Connie Brune, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on April 28, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On August 7, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Ms. Brune?s appeal.

MPC 03-286

James A. Allen, a permanent classified Direct Care Specialist with the Department of Rehabilitation Services, filed an appeal with the Commission on June 13, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On September 3, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bussey sustained Mr. Allen?s appeal.

MPC 03-292

Terri L. Todd-Wilson, a permanent classified Child Support Specialist with the Department of Human Services, filed an appeal with the Commission on June 25, 2003 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On January 21, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Ms. Todd-Wilson?s appeal.

MPC 03-295

Lester Morris, a permanent classified Administrative Programs Officer with the Office of Juvenile Affairs, filed an appeal with the Commission on June 30, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 8, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd sustained Mr. Morris? appeal.

On January 7, 2004 the Commission issued an Addendum Order in which Administrative Law Judge Floyd denied Mr. Morris? motion for attorney fees and costs in accordance with Title 74 O.S., Section 840-6-8, Attorney fees and costs - Motion - Supporting evidence - Review.

Mr. Morris filed a Petition for Reconsideration of the Addendum Order in accordance with Title 75 O.S., Section 317, Rehearing, reopening or reconsideration of agency decision. On February 26, 2004 the Commission issued a Final Petition Order in which the Commissioners granted Mr. Morris? Petition for Reconsideration and granted the award of attorney fees and costs.

MPC 04-032

Patsy Maloy, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on August 12, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On October 7, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Maloy?s appeal.

MPC 04-033

Donald R. Watts, a permanent classified Labor Compliance Officer with the Oklahoma Department of Labor, filed an appeal with the Commission on August 12, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On February 20, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bussey sustained Mr. Watts? appeal.

On March 23, 2004 the Commission issued an Addendum Order in which Administrative Law Judge Bussey granted Mr. Watt?s motion for attorney fees and costs in accordance with Title 74 O.S., Section 840-6-8, Attorney fees and costs - Motion - Supporting evidence - Review.

MPC 04-034

Charles Brown, a permanent classified Carpenter with the Department of Mental Health and Substance Abuse Services, filed an appeal with the Commission on August 13, 2003 alleging a violation of Title 74 O.S., Section 840-2.9(B)(C)(D), Discrimination and other prohibited acts. Mr. Brown asserted that he was obstructed in his application for a Construction Maintenance Technician position and that the successful candidate was pre-selected.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Title 74 O.S., Section 840-2.9(B)(C)(D) may have occurred and set this matter for an Arbitration Conference before an Alternative Dispute Resolution Program (ADRP) Facilitator.

On March 15, 2004 the Commission issued the Final Order in this matter in which ADRP Facilitator Cherry ordered the Department of Mental Health and Substance Abuse Services to comply with its settlement offer and dismissed Mr. Brown?s appeal.

MPC 04-039

Todd K. Foglesong, a permanent classified Accountant with the Department of Human Services, filed an appeal with the Commission on August 19, 2003 appealing a 10 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On October 30, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Foglesong?s appeal.

MPC 04-040

Carla M. Bell, a permanent classified Physical Therapy Aide with the Oklahoma Department of Veterans Affairs, filed an appeal with the Commission on August 20, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 5, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Ms. Bell?s appeal.

MPC 04-043

Stephanie K. Furrh, a permanent classified Child Welfare Specialist with the Department of Human Services, filed an appeal with the Commission on August 27, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 16, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Furrh?s appeal.

MPC 04-045

Jimmy W. Welch, a permanent classified Industrial Hygienist with with the Department of Central Services, filed an appeal with the Commission on September 3, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On February 20, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges sustained Mr. Welch?s appeal.

On April 7, 2004 the Commission issued an Addendum Order in which Administrative Law Judge Bridges granted Mr. Welch?s motion for attorney fees and costs in accordance with Title 74 O.S., Section 840-6-8, Attorney fees and costs - Motion - Supporting evidence - Review.

MPC 04-054

Sharon K. Klepper, a permanent classified Independent Living Instructor with with the Department of Human Services, filed an appeal with the Commission on September 18, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On November 18, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Klepper?s appeal.

MPC 04-055

Jerry J. Portwood, a permanent classified Direct Care Specialist with with the Department of Human Services, filed an appeal with the Commission on September 19, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On November 24, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Portwood?s appeal.

MPC 04-058

Ruth J. Cooper, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on September 22, 2003 alleging a violation of Merit Rules 455:10-11-10, First phase - informal discipline, 455:10-11-11, Second phase - formal discipline, 455:10-11-13 and Written reprimand. Ms. Cooper asserted that information provided by her supervisor should have been considered by the grievance decision maker and that the consideration of such information caused the grievance decision regarding a written reprimand to be incorrect.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation of Merit Rules 455:10-11-10, 455:10-11-11 and 455:10-11-13 may have occurred and scheduled this matter for an Arbitration Conference before an Alternative Dispute Resolution Program (ADRP) Facilitator.

On February 5, 2004 the Commission issued the Final Order in this matter in which ADRP Facilitator Kirtley did not sustain Ms. Cooper?s appeal.

MPC 04-071

Tim Crawford, a permanent classified Juvenile Justice Specialist with the Office of Juvenile Affairs, filed an appeal with the Commission on October 9, 2003 appealing a 3 day suspension without pay.

The matter was set for Arbitration Conference before an Alternative Dispute Resolution Program (ADRP) Facilitator in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On February 6, 2004 the Commission issued the Final Order in this matter in which ADRP Facilitator Kirtley sustained Mr. Crawford?s appeal.

On February 26, 2004 the Commission issued an Addendum Order in which ADRP Facilitator Kirtley denied Mr. Crawford?s motion for costs in accordance with Title 74 O.S., Section 840-6-8, Attorney fees and costs - Motion - Supporting evidence - Review.

Mr. Crawford filed a Petition for Reconsideration of the Addendum Order in accordance with Title 75 O.S., Section 317, Rehearing, reopening or reconsideration of agency decision. On March 25, 2004 the Commission issued a Final Petition Order in which the Commissioners granted Mr. Crawford?s Petition for Reconsideration and granted the award of costs.

MPC 04-078

Beverly J. Davis, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on October 17, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 30, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Davis? appeal.

MPC 04-080

Linda G. Williams, a permanent classified Licensed Practical Nurse with the Department of Human Services, filed an appeal with the Commission on October 20, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On December 30, 2003 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Williams? appeal.

MPC 04-104

Stephen M. Thomas, a permanent classified Social Worker with the Department of Human Services, filed an appeal with the Commission on July 9, 2004 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On October 1, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Thomas? appeal.

On October 11, 2004 the Appellant filed a Petition for Reconsideration with the Commission in accordance with Title 75 O.S., Section 317, Rehearing, reopening or reconsideration of agency decision. On December 9, 2004 the Commissioners granted the Petition for Reconsideration and vacated the Administrative Law Judge decision.

MPC 04-119

Dennis Dancer, a permanent classified Lake Patrolman with the Department of Public Safety, filed an appeal with the Commission on December 30, 2003 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On April 21, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Dancer?s appeal.

MPC 04-122

Paul H. Alexander, Jr., a permanent classified Juvenile Specialist with the Office of Juvenile Affairs filed an appeal with the Commission on January 7, 2004 appealing a 10 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2 Hearing.

On April 6, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Alexander?s appeal.

MPC 04-123

Chris Raincrow, a permanent classified Construction Maintenance Administrator with the Department of Central Services, filed an appeal with the Commission on January 8, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On July 1, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Raincrow?s appeal.

MPC 04-130

Wade L. Jones, a permanent classified Social Services Specialist with the Department of Human Services, filed an appeal with the Commission on January 16, 2004 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On July 12, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Jones? appeal.

MPC 04-137

Anita M. Schultz, a permanent classified Probation and Parole Officer with the Department of Corrections, filed an appeal with the Commission on February 2, 2004 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On July 22, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Ms. Schultz?s appeal.

MPC 04-151

William L. Erickson, a permanent classified Psychological Clinician with the Office of Juvenile Affairs, filed an appeal with the Commission on February 25, 2004 appealing a 5 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On July 20, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Mr. Erickson?s appeal.

MPC 04-153

Melissa P. Cloud, a permanent classified Child Welfare Specialist with the Department of Human Services, filed an appeal with the Commission on February 25, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On July 12, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Ms. Cloud?s appeal.

MPC 04-173

Billy Trask, a permanent classified Accounting Technician with the Department of Human Services, filed an appeal with the Commission on March 25, 2004 alleging a violation of Title 74 O.S., Section 840-4.16(2), Promotional preferences - Intent of Legislature and Title 74 O.S., Section 840-4.17(E), Employee service rating system. Mr. Trask asserted pre-selection in a promotional process for an Administrative Assistant position and that his employee service evaluations had not been considered in the promotional process.

The matter was investigated in accordance with Title 74 O.S., Section 840-6.6, Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record. The Executive Director determined that a violation may have occurred and scheduled this matter for hearing before an Administrative Law Judge.

On November 1, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges sustained Mr. Trask?s appeal.

MPC 04-183

Howard Brittingham, a permanent classified Correctional Security Officer with the Department of Corrections, filed an appeal with the Commission on April 15, 2004 appealing a 23 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On September 2, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Brittingham?s appeal.

MPC 05-001

Nancy A. Pearman, a permanent classified Correctional Security Officer with the Department of Corrections, filed an appeal with the Commission on July 9, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On October 18, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Bridges did not sustain Ms. Pearman?s appeal.

MPC 05-006

Timmie Crawford, a permanent classified Juvenile Specialist with the Office of Juvenile Affairs, filed an appeal with the Commission on July 9, 2004 appealing an involuntary demotion.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On December 2, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd sustained in part Mr. Crawford?s appeal.

MPC 05-008

Steven D. DiCarlo, a permanent classified Materials Management Specialist with the Department of Corrections, filed an appeal with the Commission on July 12, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On December 20, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. DiCarlo?s appeal.

MPC 05-010

Teresa J. Lewis, a permanent classified Case Manager with the Department of Human Services, filed an appeal with the Commission on July 14, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On November 30, 2004 the Commission issued the Final Order in this matter in which Administrative Law Judge Barnes did not sustain Ms. Lewis? appeal.

MPC 05-042

Kurt G. Von Tungeln, a permanent classified Correctional Security Officer with the Department of Corrections, filed an appeal with the Commission on September 2, 2004 appealing a 15 day suspension without pay.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On March 10, 2005 the Commission issued the Final Order in this matter in which Administrative Law Judge Floyd did not sustain Mr. Von Tungeln?s appeal.

MPC 05-078

Larry D. Warren, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on October 19, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On January 3, 2005 the Commission issued the Final Order in this matter in which Administrative Law Judge Doughty sustained Mr. Warren?s appeal.

MPC 05-087

Misty D. Hill, a permanent classified Taxpayer Service Representative with the Oklahoma Tax Commission, filed an appeal with the Commission on October 26, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On May 6, 2005 the Commission issued the Final Order in this matter in which Administrative Law Judge Doughty did not sustain Ms. Hill?s appeal.

MPC 05-125

Paula E. Worley, a permanent classified Direct Care Specialist with the Department of Human Services, filed an appeal with the Commission on November 19, 2004 appealing a discharge.

The matter was set for hearing before an Administrative Law Judge in accordance with Title 74 O.S., Section 840-6.5, Discharge, suspension or demotion of employee - Notice - Appeal - Hearing - Findings and Merit Rule 455:10-9-2, Hearing.

On May 6, 2005 the Commission issued the Final Order in this matter in which Administrative Law Judge Doughty did not sustain Ms. Worley?s appeal.