Pubdate: Tue, 08 Jul 2008
Source: Las Cruces Sun-News (NM)
Copyright: 2008 Las Cruces Sun-News
Contact:  http://www.lcsun-news.com/
Details: http://www.mapinc.org/media/674
Author: Diana M. Alba

FORMER 911 CENTER WORKER WINS DISCRIMINATION SUIT  AGAINST MESILLA 
VALLEY DISPATCH

LAS CRUCES - A former 911 call center employee who  claimed she 
suffered discrimination when she was fired  after admitting to 
marijuana use has been awarded  $25,000 by a federal judge.

U.S. Magistrate Judge Richard Puglisi ruled in favor of  Sylvia Smith 
of Las Cruces during a summary bench trial  June 25.

Smith, a former interim director for the Mesilla Valley  Regional 
Dispatch Authority, was fired in March 2005  after admitting to using 
marijuana twice in 2003.

Smith had sued the dispatch authority, claiming she was  treated 
unfairly because two other employees who were  fired at the same 
time, also for admitting to drug use,  were given a chance for an 
internal appeal and were  rehired. Smith, however, wasn't granted an appeal.

In addition, Smith also had contended she was fired  because she'd 
complained to the governing board of the  call center about campaign 
activity being conducted by  a former supervisor.

Smith's attorney, Rosanne Camunez, said Puglisi didn't  act on the 
claim tied to campaigning activity but  rather addressed the fact 
Smith wasn't given a chance  to appeal.

"He found there was a due process violation," she said.

Smith, who worked for the dispatch authority for 19  years, said she 
has "mixed emotions" about the ruling. She said she was pleased, but 
the lawsuit process was trying.

"It's just been time-consuming," she said. "It's  stressful when 
you're having to go through settlements  and meetings. My family and 
I are grateful it's over  and I'm glad to move on."

Smith said she has since gained a job with the city of  Las Cruces.

An attorney representing the dispatch authority did not  return 
messages Monday seeking comment. Dona Ana County  Fire Marshal Paul 
Chavez, chairman of the dispatch  authority board, declined to 
comment about the matter.

Camunez said Smith and the dispatch authority agreed to  a summary 
bench trial, which differs from a typical  trial because no jury is 
involved. Rather, a judge  hears evidence and makes a final ruling. 
She said the  parties also agreed to certain terms beforehand, 
including time limits on testimony and that the ruling  can't be appealed.

Smith filed her suit in December 2006 in federal court  in Las Cruces.

The dispatch authority oversees emergency dispatch  services for the 
city of Las Cruces, Dona Ana County,  town of Mesilla and other local 
governments. It's  overseen by a board of directors from each of the 
member governments. Chavez said the award will be paid  by the 
authority's insurance carrier.

In addition to the dispatch authority, Smith had also  sued Hugo 
Costa, current director of the entity, and  Chavez. Puglisi dismissed 
the claims against Costa and  Chavez.
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