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.