exit interview notes concerning Mr. Hall (Exhibit 30).
32. Plaintiff contacted the EEOC prior to March 21, 1994 and told Mr. Bennett on or about March 21 1994 of his action in this regard. The EEOC complaint was filed on April 18, 1994 alleging that the City discriminated against Mr. Hall, on the basis on his race (caucasian), when the City removed him from the Streets Supervisor position and placed Tony Verdugo in that position.
33. On or about April 20, 1994, the EEOC mailed a copy of Plaintiff's EEOC complaint to the City addressed to Bennett; and said copy was received by Bennett on or about April 25, 1995.
34. Plaintiff's position was terminated by the City on April 26, 1994, with Plaintiff receiving the advice by letter from Bennett (Exhibit 12) which indicated that the employment terminated "effective at the end of the work day on April 26, 1994".
35. Plaintiff's involvement with the EEOC process was a motivating factor in his termination.
36. At the time Defendant Bennett wrote the letter of April 26, 1994 (Exhibit 12), terminating Plaintiff's employment with Defendant City of Brawley, Bennett knew that Plaintiff had filed an EEOC complaint against the City of Brawley.
37. Plaintiff reported to work as an engineering technician some time in March 1994. On or about April 12, 1994, Bennett and Behrooz Nikjoo signed the Personnel Action Form (Exhibit 9). The Personnel Action Form (Exhibit 9) notes Plaintiff's change in employment status for the City from the Street Supervisor position to the Engineering Technician position and confirms Plaintiff's status as an employee of the City after March 16, 1994. Exhibit 9 notes Plaintiff's change in employment status for the City from the Streets Supervisor position to the Engineering Technician position.
38. Plaintiff's employment after March 16, 1994 was probationary consistent with City personnel policies.
39. Plaintiff was not performing all of his job duties as an Engineering Technician and was resisting the supervision of Mr. Nikjoo between March 1994 and the termination on April 26, 1994.
40. Defendant Bennett stated that the reason for termination was Plaintiff's conduct (as opposed to job performance) in not accepting the position by signing Exhibit 7 and based upon Plaintiff's conduct in not taking on assignments and the reluctance and refusal to do the work of an Engineering Technician.
41. Defendant Bennett interpreted Plaintiff's not taking on assignments and a reluctance and refusal to do the work of an Engineering Technician as a declination of the position.
42. During his exit interview of April 26, 1994, Plaintiff also presented an employment application for the position of Utility Lead Person in the City's Public Works Department. A job announcement had been issued by the City for that position. Plaintiff was neither granted an interview, nor selected for that position.
43. The Personnel Officer, Marvin Castillo, determined Plaintiff was not eligible for the position since the recruitment was to be "in-house" and Plaintiff was no longer an employee. The expressed concern for an in-house placement was to avoid adding new people within the City which would be precluded by existing budget constraints. Whether or not Plaintiff was still an employee the City's action in this regard was inconsistent with its prior discretion in interpreting Personnel Rules. Clearly, the Plaintiff could have been considered for the position assuming other appropriate qualifications, without increasing the number of authorized positions in the City.
44. In addition to the ineligibility of the Plaintiff based upon his no longer being an employee, Mr. Castillo acted upon the fact that the Utility Lead Person job announcement indicates, among other things, a requirement of a minimum of three years "in-field" experience in repair, maintenance, and construction of streets, water and sewer systems, and related public words facilities. Mr. Castillo did not believe that the Plaintiff had the necessary qualifications of tenure in the field of work. The lack of "in-field" experience would have lead to this same result of Plaintiff not being offered the Utility Lead Person position. Mr. Castillo confirmed the lack of service as a reason for not accepting the Utility Lead Person application.
45. The Utility Lead Person job was filled by existing City employees in the related department.
CONCLUSIONS OF LAW
Plaintiff's claims that the Defendants violated his civil rights fall into two general categories: (1) that the decision to go through a selection process, as well as the final selection of Tony Verdugo for the Streets Supervisor position was based in whole or in part upon Plaintiff's race; (2) that the decision to terminate Plaintiff from his position as an Engineering Technician, and/or the decision to reject Plaintiff's application for utility lead person, was the result of retaliation.
Based upon the findings of fact and the applicable law, the Court makes the following conclusions of law:
1. Defendants did not Discriminate Against Plaintiff on the Basis of His Race in Their Decision to Undergo a Second Selection Process for the Streets Supervisor Position and their Appointment of Tony Verdugo to that Position Replacing the Plaintiff.
Title VII (42 U.S.C. § 2000e-2 et seq.) declares that it is unlawful for an employer
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race ...; or
(2) to limit, segregate or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race ....