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ANNE MARIE VANDENWEGHE

PARISH OF JEFFERSON

VERSUS

PERSONNEL BOARD, PARISH


OF JEFFERSON, ET AL.
DOCKET NO. 2010-003

PLAINTIFF'S APPLICATION TO APPEAL THE


JUDGEMENT OF THE HEARING OFFICER

Now in to court comes Plaintiff, Anne Marie


Vandenweghe, and applies to the Jefferson Parish

Personnel Board to review the adverse ruling Hearing


Officer Theodore W. Nass signed on May 6, 2010 as it
relates to both errors of law and fact, and respectfully
submits:

Plaintiff 's Memorandum and Appeal of the Hearing


Officer's Findings filed April 26, 2010 is dispositive of all
issues now brought before this Board in this application of
appeal, and Plaintiff incorporates all arguments of law and
fact set forth in globo in said Memorandum and Appeal
and attaches said document as part of the record hereto.
On or about the 17th of April, 2010 this Board voted 2 to 1
to hear Plaintiff's Whistleblower Claim. That decision
became Res Judicata, and accordingly Hearing Officer
Nass's reasons for judgment was a blatant error of law
and should be reversed by this Board. This argument
also relates to one of the factual basis of Plaintiff's Motion
To Recuse Mr. Nass as the Hearing Officer; Mr. Nass's
role as counsel to the Board prior to their vote of 2 to 1 to
hear Plaintiff's claim. Due to the fact that Mr. Nass failed
to have a contradictory hearing on Plaintiff's recusal
motion the Plaintiff was denied her legal right to traverse
Mr. Nass's reasons in refusing to recuse himself.

As Plaintiff argues in the attached memorandum, this


Board does in law and in fact have the authority to attach
jurisdiction to Plaintiff's Whistleblower claim, which the
Board did by voting 2 to 1 to hear this claim. Mr. Nass's
narrow construction is not only a misinterpretation of the
reading of the rules, he fails to address the sui generis "
whistleblower claim" at bar, regardless of what Plaintiff's
employment status or classification is. To have the
Whistleblower claim be dismissed as moot is void of any
legal holding he may have intended it to have.

Plaintiff further argues that it is legal error per se to have


dismissed Clem Donelon as a Respondent party prior to
issuing a judgement in this case as to whether there is
jurisdiction.

Plaintiff re-asserts her right to appeal that ruling as set


forth in her attached memorandum.
The matter of prescription was moved by Plaintiff, in limine
litis, in Plaintiff's memorandum substituting for oral
argument as ordered by the Hearing Officer. The
Respondents failed to appeal the Board's vote of 2 to 1 to
hear Plaintiff's claim. This preemptory exception must to
heard before an issue can be joined. Mr. Nass again
failed to conduct a contradictory hearing on this matter; as
he failed to conduct a contradictory hearing on Plaintiff's
Motion to Continue, as well as on the Motion to Recuse.
It could be argued that Mr. Nass was engineering a
railroad over the right of Plaintiff to due process of law
which demands a fair and impartial hearing.

It is for these reasons argued above, and for any and all
arguments of law and fact submitted by Plaintiff in the
Memorandum and Appeal of Hearing Officer's Findings
previously filed in the record herein and attached hereto in
support of Plaintiff's application of appealing to the Board
to review the law and facts.

Plaintiff prays that the Board, having reviewed the law and
facts in these proceedings, reverse Hearing Officer Nass's
judgment, and accordingly order a new hearing to be
conducted by a new Hearing Officer.
____________________________________
ANNE MARIE VANDENWEGHE
9 Colonial Lane
Harahan, Louisiana 70123
La Bar #13012
504-481-4936
ORDER

IT IS HEREBY ORDERED that the Judgement signed by


Hearing Officer Nass be set reversed and set aside, and
that a new hearing be set for the __________ day of
__________ 2010 at ____________o'clock___m.

IT IS HEREBY FURTHER ORDERED that


_________________________ be appointed Hearing
Officer to conduct the proceedings in this matter as
ordered above.

Signed in _______________Louisiana, this_________day


of _____________2010.

___________________________________

Jefferson Parish Personnel Board


CERTIFICATION OF SERVICE

I hereby certify that a copy of this Application of appeal to


the Jefferson Parish Personnel Board has been properly
served on ALL NAMED RESPONDENTS through their
attorneys of record, Phelps, Dunbar LLP, by fax and by
US MAIL at 365 Canal Street, Suite 2000, New Orleans
La. 70130-6534 and fax number 504-568-9130; Clem
Donelon, at 3900 N. Causeway Blvd. Ste. 1470, Metairie,
La. 70002