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Sircy v. Metropolitan Government of Nashville and Davidson County5/3/2005
Factual Background and Procedural History
In March of 1998, Vanessa Sircy ("Ms. Sircy") began working at Vanderbilt Medical Center ("Vanderbilt") as a patient care technician. Sometime around the beginning of 2001, the Metropolitan Government of Nashville and Davidson County ("Metro") posted on-line a job opening for the position of "Fire/EMT Dispatcher" at a stated annual salary of $29,998. On or about January 14, 2001, Ms. Sircy applied for the position through an on-line application. Metro contacted Ms. Sircy, and she interviewed for the position with a panel of Metro officials, including Chief Mary Kathleen Whisenant ("Chief Whisenant"), the superintendent of communications who oversaw all dispatchers for the Fire Department and Emergency Medical Systems. Chief Whisenant telephoned Ms. Sircy a couple of weeks after the interview to inform Ms. Sircy that Metro intended to offer her the position, pending the successful completion of pre-employment testing. After Ms. Sircy passed these tests, Chief Whisenant again called Ms. Sircy to offer her the job as Fire/EMT Dispatcher, which she accepted.
In the meantime, however, Metro had commissioned a study regarding job classifications and salary structure (the "Mercer Study"). The findings of the Mercer Study were released in April of 2001. Based on the recommendations of the Mercer Study, new hires for the position of Fire/EMT Dispatcher were to be classified as "Emergency Telecommunicator One" ("ECO 1") and be paid a significantly lower salary than that paid to existing Fire/EMT Dispatchers. Existing Fire/EMT Dispatchers were grandfathered into the position of "Emergency Telecommunicator 3" ("ECO 3") and were given a significant increase in salary. The changes imposed as a result of the Mercer Study created a level of uncertainty within Metro regarding Ms. Sircy's prospective employment status. In addition to being uncertain whether Ms. Sircy would be hired as a Fire/EMT Dispatcher or as an ECO 1, Metro was unsure what salary she would be paid.
Despite the confusion surrounding Ms. Sircy's position, Chief Whisenant was directed by her immediate supervisor, Chief Poole, not to tell Ms. Sircy about the potential job reclassification. However, around this same time, Ms. Sircy met with Michelle Smith ("Ms. Smith"), an administrative assistant to Chief Poole, to complete some paper work. In her testimony, Ms. Smith stated that she told Ms. Sircy and other applicants at "a meeting" that the status of the job position was in doubt. However, Ms. Smith gave conflicting testimony regarding whether she told Ms. Sircy and the other applicants about a potential reduction in salary. Ms. Sircy testified that she could not remember any such meeting where she was informed by Ms. Smith about the confusion regarding the position and pay.
The changes imposed as a result of the Mercer Study took effect on the effective date Ms. Sircy was to begin her employment with Metro, July 1, 2001. The job reclassification eliminated the position of Fire/EMT Dispatcher, and that position was thereafter known as "ECO 3" and paid an annual salary of $37,200. After resigning from her job at Vanderbilt, Ms. Sircy began her employment with Metro on Monday, July 2, 2001. On her second day, Ms. Sircy discovered that she had been hired as an ECO 1, rather than a Fire/EMT Dispatcher. In addition, she learned that she would not be paid the advertised salary of $29,998, but, instead, she would be paid an annual salary of $23,949, although she performed the same duties as those performed by an ECO 3. Metro was also unable to inform Ms. Sircy about the department's policy regarding salary increases for the position of ECO 1.
Soon after learni
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