CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD San Jose Office of Appeals ALJ Luma S. Williams’ DECISION IN THE LESLIE S. FENTON CASE NO. 5258347

ABSTRACT:  In Administrative Law Judge Luma S. Williams’ decision in the Leslie S. Fenton Case No.: 5258347 (July 2014), the DECISION states: “The department determination is reversed. The claimant is not disqualified under code section 1256. Benefits are payable provided the claimant is otherwise eligible.”  Moreover, “The claimant appealed from a determination disqualifying the claimant for unemployment benefits under Unemployment Insurance Code section 1256.  The issue in this case is whether the claimant was discharged for misconduct connected with the most recent work.”  REASONS FOR DECISION, states, in part, “In this matter, the claimant made credible statements in her written declaration, supported by documentation from a forensic expert, to rebut the allegations made by the employer.  The employer, on the other hand, did not appear at the hearing, nor did it provide any evidence, aside from hearsay statements, to support the allegations made against the claimant, even though it had the opportunity to do so. Accordingly, the statements made by the claimant are given greater weight.”  And “In this matter, the employer has not met its burden of proving that the claimant substantially breached any duty or obligation owed to the employer.  Accordingly. the claimant was discharged for reasons other than misconduct connected with her most recent work and is not disqualified under code section 1256.  Benefits are payable provided the claimant is otherwise eligible.”  ALJ Luma S. Williams’ Decision in Case No.: 5258347 document is embedded.

NOTE:  On August 22, 2014, a public records act request was submitted to the City for Administrative Law Judge Luma Williams’ decision in former Administrative Coordinator Leslie Fenton’s case. On August 28, 2014, the City denied the request.  On September 3, 2014, the City’s response, copied to City Attorney Don Freeman via Leanne Graham, his legal secretary, stated “Attached regarding your Public Records Request is additional statue of Unemployment Code exemption from Public Records as follows: Except as otherwise specifically provided in this code, the information obtained in the administration of this code is confidential, not open to the public, and shall be for the exclusive use and information of the director in discharge of his or her duties.”  However, on September 26, 2014, Presiding ALJ Mitchell Davis facilitated requestor’s receipt of ALJ Luma S. Williams’ decision in the Leslie S. Fenton case stating that the decision was a public record, subject to the Public Records Act.

CUIAB Leslie Fenton Case No. 5258347

San Jose Office of Appeals

ALJ: Luma S. Williams

Case No.: 5258347

CL T/PET: Leslie S. Fenton

REFERENCE:
Judge finds that planning department worker was not fired for ‘misconduct’
By MARY SCHLEY, The Carmel Pine Cone, August 22, 2014, 27A