Amy Bourgeron Vindicated By Ruling
Hearing Officer’s ruling dispels City’s allegations of favoritism and manipulation of hiring process. Bourgeron's attorneys request retractions of statements made by former City Councilwoman Susan Barnes-Gelt, and Denver assistant city attorney Sybil Kisken.
Denver, CO (PRWEB) March 21, 2004--Denver Career Service Hearings Officer,
Daniel C. Ferguson has issued a ruling in the appeal filed by Amy Bourgeron last
June concerning her forced demotion from the Deputy Manager of Aviation
position. The unprecedented six-day hearing resulted in a ruling that stopped
short of ordering Bourgeron’s reinstatement to the position but reinforced that
the process under which she was hired was open, fair and competitive.
The hearings officer found no evidence supporting the City’s claims of
favoritism and flaws in the city’s recruitment and hiring process, the actions
of former aviation manager Bruce Baumgartner, or the interview panel process.
The decision affirms that Ms. Bourgeron properly attained the top candidate
ranking based on her own merits through an open, fair and competitive process.
Ferguson wrote in his ruling, “I find the evidence presented is not
sufficient to support the proposition argued by the [City] that the selection
process for the position of Deputy Manager of Aviation for Marketing/Government
Affairs was a sham. Appellant [Ms. Bourgeron] was given a waiver of the
educational requirement allowing her to compete for the position. Thereafter she
followed the required procedures in the application, testing and interview
process. The fact that [Ms. Bourgeron] was rated first in this process is not
surprising given the fact that she had been working in the position for four
years. The [City] provided no evidence of illegality on the part of Bruce
Baumgartner in his decision to fill the position on a permanent basis, or in his
desire that [Ms. Bourgeron] be allowed to compete for the position. The evidence
presented only shows that persons involved in the process knew each other, not a
surprising fact since [Ms. Bourgeron] had worked for the City of Denver since
1980, and had worked with these people in numerous capacities.”
Ms.
Bourgeron’s attorneys have characterized the actions of the Board as an
unfounded and aggressive campaign to discredit her and the circumstances of her
promotion through leaking and disseminating of false allegations about her along
with illegally releasing private personnel information to the media.
Ms.
Bourgeron's attorneys request retractions of statements made by former Denver
City Councilwoman Susan Barnes-Gelt, and Denver assistant city attorney Sybil
Kisken, who chose to publicize improperly false accusations of misconduct
concerning Ms. Bourgeron's promotion.
“The city has defended its actions
to force Ms. Bourgeron’s demotion by alleging manipulation and corruption of the
hiring process. The hearings officer didn’t buy it and a jury won’t either,”
said Hugh Pixler, attorney for Ms. Bourgeron. “The psychological warfare
campaign by the Career Service Board to attempt to break the will of Ms.
Bourgeron, and pressure her to resign of her own accord, has backfired. On the
contrary, Ms. Bourgeron is more determined than ever to see justice done. This
case will now proceed to court for a determination of whether the Board had the
authority to go outside the regular Career Service process and directly force
Ms. Bourgeron's demotion.”
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Source : http://www.prweb.com/releases/2004/3/prweb112877.htm