Administrative Services

EMPLOYEE RELATIONS

LINK website

Nebraska State Personnel Board Decisions

The following State Personnel Board Decisions regarding employee grievances have been summarized for informational use only.

Fiscal Year 2013-2014

Linda Leonard v. Nebraska Department of Correctional Services (Rules) The Appellant filed a grievance after she was disciplined in the form of demotion resulting from allegations of improperly releasing an inmate from segregation.  The State Personnel Board designated William J. Wood as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules.  

The Hearing Officer found that the Appellant did not deliberately provide false information and that she was not negligent in her duties.  He found she violated an order from a supervisor and that she adversely affected the agency’s function.  The Hearing Officer recommended that the State Personnel Board uphold the grievance, that she be returned to her original position with back pay for lost wages, and that the discipline imposed be stricken from her personnel file.  The hearing officer also recommended that the Agency consider imposing a lesser form of discipline.

The State Personnel Board affirmed the recommendation.

Derick Ofodirinwa v. Nebraska Department of Health and Human Services(NAPE) The Appellant filed a grievance when he was disciplined in the form of termination.  The discipline was based upon allegations of patient abuse and failure to uphold the agency’s values and core competencies.  The State Personnel Board designated Paul Caffera as Hearing Officer, and the hearing was held in accordance with 2011-2013 State of Nebraska and NAPE/AFSCME Labor Contract. 

The Hearing Officer found that the action taken by the Respondent was taken in good faith and for cause and that the termination should be upheld.  The Hearing Officer recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board affirmed the recommendation.

Tod Voss v. Nebraska Department of Health and Human Services (Rules) The Appellant filed a grievance after the Respondent disciplined him in the form of termination.  The discipline was based upon multiple allegations of poor work performance.  The State Personnel Board designated William J. Wood as Hearing Officer, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.   

The Hearing Officer found that the Respondent proved, by a majority of the evidence, only a portion of the allegations, and that the discipline of termination was not progressive in nature.  The Hearing Officer recommended that the State Personnel Board uphold the grievance and remand the matter to the Respondent to impose a form of discipline that is progressive in nature based on the violations that occurred.

The State Personnel Board affirmed the recommendation.

LaVern Goens v. Nebraska Department of Administrative Services (Rules) The Appellant filed a grievance after he was disciplined in the form of termination.  The discipline was based upon allegations of improper use of State equipment and time.  The State Personnel Board designated Samuel Van Pelt as Hearing Officer, and a hearing was held in accordance with the Nebraska Classified System Personnel Rules. 

The Hearing Officer found that the action taken by the Respondent was taken in good faith and for cause and that the termination should be upheld.  The Hearing Officer recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board affirmed the recommendation.

Amber Lovitt v. Nebraska Department of Health and Human Services (NAPE) The Appellant filed a grievance after the Department of Health and Human Services disciplined her in the form of a demotion.  The discipline was based on several allegations of inappropriate communication with co-workers and failure to maintain harmonious working relationships.  The State Personnel Board designated Paul Caffera as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Hearing Officer found that the Appellant committed the allegations and recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board affirmed the recommendation.

Mousa Drammeh v. Nebraska Department of Correctional Services (Rules) The Appellant filed a grievance after the Respondent disciplined him in the form of a letter of written warning.  The discipline was based upon two allegations; violation of policy and inefficiency or negligence of job duties.  The State Personnel Board designated William J. Wood as Hearing Officer, and the hearing was held in accordance with the Nebraska Classified System Personnel Rules.   

The Hearing Officer found that the Appellant committed the allegations and recommended that the State Personnel Board dismiss the grievance.

The State Personnel Board affirmed the recommendation.

Jeff Hawkinson v. Nebraska Department of Health and Human Services Appeal (NAPE) The Appellant filed a grievance after the Department of Health and Human Services disciplined him in the form of termination.  Hawkinson’s discipline was based upon four allegations; violation of policy, inefficiency or negligence of job duties, actions that adversely affected the agency’s performance or function, and failing to maintain appropriate working relationships with coworkers.  The State Personnel Board designated Terri Weeks as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Hearing Officer found that the Appellant committed only two of the four allegations; Violation of policy and Failure to maintain appropriate working relationships with a coworkers.  The Hearing Officer recommended that the discipline be reversed and that the matter be remanded to the agency to impose a form of discipline that is progressive in nature, based on the violations that occurred, and consider only the disciplines that are contained in the Appellant’s personnel file.

The State Personnel Board affirmed the recommendation.

The Respondent appealed the Board’s decision to District Court and the appeal was subsequently dismissed on September 8, 2014.  The Appellant filed a Motion for Reconsideration on October 31, 2014, to which the Respondent responded by filing an Objection to Motion for Reconsideration and Motion to Dismiss. 

The State Personnel Board designated Terri Weeks as Hearing Officer, and the hearing was held in accordance with 2013-2015 State of Nebraska and NAPE/AFSCME Labor Contract.

The Hearing Officer found that the Motion to Reconsider was not filed within the time allowed by Nebraska case law and recommended that the Motion to Dismiss be granted.

The State Personnel Board affirmed the recommendation.