possible discrimination

[cfd147]

What is the name of your state (only U.S. law)? Missouri

I have an interesting situation at hand and I want to know if it's worth a consultation. I applied for a communications officer position with the local Police Dept. I was contacted last week and was told that if the city manager approved it, the position was mine. Today the police chief called me and told me that the city manager did not approve me being hired and that I should call him and inquire as to why not. When I called the city manager he stated that the PD didn't follow the proper procedures and that is why I was denied, which if so, how is it that I'm being punished for their error. Later on, an unidentified female, who works at the PD, called my cell phone and told me to get an attorney because the PD followed all the proper procedures and that the city manager emailed the police chief and told him that the reason I wasn't approved was because two staff members at city hall didn't want me hired due to personal issues with me. The question is, is it worth my time to dig into this or not.

 

[OHRoadwarrior]

It is perfectly legal to not hire you, because they do not like you. That is not a protected class.

 

[ecmst12]

Completely legal to not give you the job for that reason and completely legal to give you a false reason for it. Work on getting along with people better.

 

[CSO286]

What is the name of your state (only U.S. law)? Missouri

I have an interesting situation at hand and I want to know if it's worth a consultation. I applied for a communications officer position with the local Police Dept. I was contacted last week and was told that if the city manager approved it, the position was mine. Today the police chief called me and told me that the city manager did not approve me being hired and that I should call him and inquire as to why not. When I called the city manager he stated that the PD didn't follow the proper procedures and that is why I was denied, which if so, how is it that I'm being punished for their error. Later on, an unidentified female, who works at the PD, called my cell phone and told me to get an attorney because the PD followed all the proper procedures and that the city manager emailed the police chief and told him that the reason I wasn't approved was because two staff members at city hall didn't want me hired due to personal issues with me. The question is, is it worth my time to dig into this or not.

Not illegal discrimination.

In fact, in the agency I work at,given its small size, if someone knows info about a potential new hire, they are encouraged to discuss it with a supervisor or the director. They want a conflict free, congenial workplace and if a potential new hire may not be a good fit socially, then regardless of the qualifications, they probably will be passed over for the next person in line.

 

[eerelations]

The discrimination you may be experiencing would only be illegal if it was based specifically on protected characteristics such as your race, gender, religion, age, and/or disability. Having personal issues with current employees is not a protected characteristic, ergo what you're experiencing is not illegal discrimination.

 

[commentator]

Sounds as though there are conflicts between the police department and the city manager's office. And you are the victim of this conflict. Someone calling you anonymously from the PD, encouraging you to get an attorney (at your expense, of course) sounds like someone in the PD who is trying to make trouble for the city manager's office. I would move on here. No illegal discrimination has occurred, and it appears there's not a whole lot you could do, even with an attorney, to force the city manager to let the PD hire you.

 

[csi7]

You can request copies of the emails sent from the city manager to the police chief and then present it to the media. That will expose the situation, probably not help you with employment, though.

 

[cbg]

He can REQUEST anything he wants. Doesn't mean he has to be given them.

 

[ombuds]

Government Open Records

He can REQUEST anything he wants. Doesn't mean he has to be given them.

The Police Department and the City Manager's Office are Public Sector employees. There is probably an Open Records or Government in the Sunshine Act. If so, with only a few exceptions, the agency(s) would have to release the e-mails to the person. Rating scores would be an exception but it does not sound like the e-mail would fall in that category.

For any court case, e-mails are "discoverable;" and all employees should remember that. In the public sector, they can be released pre-discovery. An attorney/citizen is allowed to go fishing to see if there is a case.

 

[tranquility]

The Police Department and the City Manager's Office are Public Sector employees. There is probably an Open Records or Government in the Sunshine Act. If so, with only a few exceptions, the agency(s) would have to release the e-mails to the person. Rating scores would be an exception but it does not sound like the e-mail would fall in that category.

For any court case, e-mails are "discoverable;" and all employees should remember that. In the public sector, they can be released pre-discovery. An attorney/citizen is allowed to go fishing to see if there is a case.

Emphasis mine:

Closed meetings and records 610.021, 610.022

A public governmental body is permitted, but not required, to close its meetings, records and votes when they relate to certain issues listed in Section 610.021. When a public body relies on one of these exceptions to close a meeting or record, it should bear in mind that the exceptions are to be read narrowly under Section 610.011. Matters that may be closed include:

Legal actions, causes of action or litigation (except that votes, minutes and settlement agreements must be opened to the public on final disposition, unless ordered closed by a court).
Leasing, purchase or sale of real estate where public knowledge might adversely affect the amount paid in the transaction.
Hiring, firing, disciplining or promoting a particular employee.
Welfare cases of identifiable individuals.
Software codes for electronic data processing.
Individually identifiable personnel records.
Records related to existing or proposed security systems.
Records that are protected from disclosure by other laws.

When a public governmental body votes to meet in closed session, members must cite in open session the specific statute and subsection allowing closure. Once in closed session, the public body may not discuss any matter beyond the scope of the stated reason for the closed session. The public governmental body must close only that portion of the facility necessary for its members to conduct the closed meeting, allowing space for the public to remain and attend any later open session.