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Hayes v. City of Atlanta

The city's reduction-in-force RIF procedures required the city to use current employees' retention points when staffing newly-created positions during a RIF reorganization of the city's Department of Information Technology.

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Austin Hayes was terminated from his employment with the City of Atlanta during a reduction-in-force “RIF”. Asserting that the City failed to follow its RIF procedures, he appealed to the City’s Civil Service Board, which upheld the termination. Hayes then petitioned for certiorari before the superior court. The superior court affirmed the Board, and we granted Hayes’ application for discretionary review. For reasons that follow, we reverse. The superior court’s review of a Civil Service Board decision is limited. The court examines the decision for legal error and determines whether any evidence supports it.1 On subsequent appeal to this Court, we construe the evidence favorably to the party that prevailed before the Board and consider whether the record supports the Board’s decision.2

So viewed, the record shows that Hayes was employed by the City’s Department of Information Technology “DIT” as an information technology or “help center” specialist. In 2004, the City reorganized DIT through a “zero-based staffing” RIF that abolished all existing positions, including that held by Hayes, and created new positions. To aid in the reorganization, the City’s Human Resources “HR” administrator met with DIT employees, informed them of their options, and calculated “retention points” for each employee based on his or her experience with the City and past performance evaluations. In determining Hayes’ retention points, the administrator considered his eleven years of service with the City, as well as his “highly effective” or “effective” performance rating.

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