IN THE PERSONNEL BOARD OF JEFFERSON COUNTY, ALABAMA CITY OF BIRMINGHAM FINANCE DEPARTMENT Complainant, * vs. * * VIRGINIA E. SPIDLE Respondent.

* * Case No. DA-2012-78 * * * *

RESPONDENT SPIDLES MOTION TO LIFT STAY OF SECOND DISCIPLINARY APPEAL AND TO DISMISS ALL CHARGES ALLEGED IN THE SECOND TERMINATION ACTION Virginia Spidle respectfully requests that the stay be lifted on the above appeal as the matter of the first termination has been ruled upon by the Jefferson County Circuit Court. (See attached ORDER). Respondent also incorporates by reference an earlier motion asking this Board to dismiss the Citys second termination action (January 30, 2012) and order reinstatement of Ms. Spidle along with payment of accrued back pay and benefits. (See attached Motion to Enforce Final Decision that the Personnel Board took under advisement.) As grounds, Respondent Spidle would state: On January 10, 2012, the

Jefferson County Personnel Board ordered the reinstatement of Mrs. Spidle. On January 30, 2012, within days of Mrs. Spidles reinstatement, the City terminated
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Mrs. Spidle again. Mrs. Spidle timely filed with this Board her opposition to this termination citing the following defenses to the second termination action: res judicata, issue preclusion, fact preclusion, and retaliation. To this day, the City has not paid Mrs. Spidle her back pay for the fifteen-month period during which she was pursuing her appeal to the Personnel Board (based on the October 26, 2010 termination). In light of the foregoing, Mrs. Spidle respectfully requests that the Personnel Board (1) order the immediate payment of all back wages and benefits; (2) lift the stay of the proceedings regarding the second termination action; and (3)

summarily rule in favor of Mrs. Spidle as a matter of law that the second termination is barred on the following grounds: res judica, issue and fact preclusion, and a retaliatory action. _________________________ Gayle H. Gear Attorney for Respondent Virginia Spidle Copy sent by mail to Stephen Fitts, Hand Arendall