The McComb city board voted 3-2 Tuesday to appeal a judge’s decision to allow former chief financial officer Mary Adams to collect unemployment benefits.
Selectmen E.C. Nobles, Wade Lamb and Danny Esch supported the appeal, while selectmen Robert Earl Smith and Melvin Joe Johnson opposed Selectman Robert Maddox was absent.
The vote came at the end of an impromptu, hour-long discussion of the ruling.
City Administrator Quordiniah Lockley fired Adams for insubordination on Dec. 30, 2009. Insubordination can result in denial of a former employee’s unemployment benefits, and the state Department of Employment Security had denied Adams those benefits.
Lockley was adamant that the state employment department denied the benefits based solely on a form that he had to fill out and a hearing conducted by the department by telephone.
Adams, Mayor Zach Patterson, board attorney Wayne Dowdy and Lockley were the only city representatives aware of the hearing.
“If this issue had been brought up at this table, I would’ve advised you not to get involved in this fight,” the mayor told selectmen. “Just allow her to get unemployment compensation. Let her get paid. Don’t have her out here fighting a battle that we know nothing about.”
Adams appealed the ruling to Nathan Nyberg — the department’s administrative law judge pro tempore — who reversed the earlier ruling and awarded unemployment benefits to Adams.
Nyberg’s ruling was detailed in a July 27 letter addressed to Adams and the city at a Baton Rouge post office box. Baton Rouge-based Unemployment Compensation Control System handles the city’s unemployment claims.
The letter reads that Adams’ “employer has failed to provide substantial evidence that the claimant (Adams) committed misconduct as defined by state law.”
Lockley insisted that he used the word “insubordination” on the form issued by the department, and during the telephone hearing itself. He insisted he never used the word “misconduct.”
Nyberg’s letter further reads that “(Adams) did not willfully and wantonly disregard any of her employer’s interests. ... The decision of the department of employment security is hereby reversed. (Adams) shall be eligible for benefits based upon this separation, and the (city’s) employer separation rating shall be chargeable.”
Patterson read the letter aloud and the audience applauded when he finished.
The mayor also noted that the board had 14 days to appeal the decision, and he smiled as he informed the board that Tuesday was the deadline for appeal.
Tuesday marked the first time selectmen, Lockley and Dowdy knew of the administrative law judge’s letter. Patterson said a copy of the letter was addressed to him and placed on his desk.
Selectman E.C. Nobles said it was “fishy” that Patterson was the only city official to receive a copy of the ruling. The mayor argued that UCCS was responsible for issuing a copy of the letter to city officials.
Dowdy offered to ask the department to reopen the matter because city officials were not aware of the ruling until Tuesday.
He also said the letter contained several errors, including the misspelling of former City Administrator Dr. Jim Storer’s name as “Stora.”
Dowdy said benefits will cost the city money. Patterson argued that an impact on the city’s employer separation rating will not cost the city money. Lockley said that rates increase based on the number of outgoing claims.
If the employment security department allows the city to reopen and appeal the ruling, the appeal will be heard by the department’s review board. Pending that ruling, either side can appeal to circuit court.
Dowdy said the city will not be charged for appeals.
“You need to remember that this affects human lives,” Patterson said. “This is not about business. This is about taking care of people.”
