City service commission dismisses discharge appeal after appellant fails to appear

The Board of City Service Commissioners voted to dismiss with prejudice the discharge appeal of Katie Rickman, a paralegal in the Office of the City Attorney, after the appellant did not appear for a scheduled hearing and did not respond to staff contact attempts.

The dismissal motion, made at the special meeting convened Sept. 15, 2025, passed unanimously among commissioners present. President Frank Bach said the commission would wait until 9:30 a.m. before deciding whether to close the hearing after staff reported no contact from the appellant. "The matter is dismissed with prejudice," Bach said after the vote.

Why it matters: dismissal with prejudice ends this appeal at the commission level unless the appellant successfully seeks reopening; the commission cited its rules in taking the action. Assistant City Attorney Patrick McLean told the commission that "Rule 11, Section 7 of the city service commission rules states that if the appellant does not appear at the hearing, the commission may dismiss the appeal with prejudice." The ruling therefore followed the procedure McLean referenced.

Details from the hearing: Human resources manager Lisa Gilmore and the department head (Mr. Goinke) represented the employing department in person. Administrative specialist Miss Moore told the commission she had not had contact with the appellant since Aug. 11, when Rickman received the notice of the hearing by email and later returned a signed receipt for certified mail on Aug. 20. Moore said she texted the appellant at 7:18 a.m. on the day of the hearing and called at 8:30 a.m.; she left a voicemail when the call was not answered. Moore also said exhibits left for the appellant at the front desk on Aug. 11 were not picked up.

President Bach opened the hearing at about 9:05 a.m. and, after waiting, returned to the item at 9:30 a.m. He asked staff to summarize outreach attempts before seeking legal guidance and a motion. After McLean cited the commission rule, Bach said he would entertain a motion to dismiss; the motion to dismiss with prejudice was made and seconded and the commission recorded votes as follows: Vice President Miller — yes; Commissioner Smith — yes; Commissioner Cleary — yes; Commissioner Wicksburg — recused; President Frank Bach — yes. The chair announced the matter dismissed with prejudice.

Procedural and evidentiary notes: a court reporter was present and available for the hearing. The commission made no further findings on the underlying employment action during the public record of the meeting. The record indicates staff will place an item on a future agenda if the appellant later seeks to explain her absence to the commission.

The meeting concluded with a motion to adjourn following the dismissal.