ILNews

Court rules nurse pay plan proper

Jennifer Nelson
January 1, 2007
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The Court of Appeals ruled today Indiana's restructured pay plan for nurses was rational and proper, reversing the judgment of the trial court.

In Madison State Hospital, Indiana Family & Social Services Administration, and State Personnel Department V. Karen L. Ferguson, 09A04-0703-CV-259, the Court of Appeals reversed the trial court's award of relief to Karen Ferguson. Ferguson, a Nurse Supervisor 5 at Madison State Hospital, and six other nurse supervisors, filed separate complaints with the State Employee Appeals Commission, arguing the 2000 pay scale for nurse supervisors and night nurses was improper because night nurses were being paid more despite the fact nurse supervisors would supervise them.

The pay range for nurse supervisors in 2000 was $43,316 to $60,320 and night nurses $49,036 to $65,356. The state had a difficult time attracting and retaining night nurses, so it increased their pay to more than what a nurse supervisor typically made.

The SEAC consolidated all the complaints and an administrative law judge ruled in favor of the nurse supervisors.

The state appealed, and the SEAC reversed the administrative law judge's ruling. The complainants sought judicial review of the SEAC ruling, and the trial court reversed the decision and remanded to the agency.

All the nurses settled with the state except Ferguson, who filed a second petition for judicial review in May 2006. Ferguson believed the SEAC erroneously found in the state's favor on remand. The trial court then ruled in her favor in January 2007 and again remanded to the SEAC. In February 2007, the state filed notice of its appeal of the trial court's ruling.

The Court of Appeals ruled even though nurse supervisors and night nurses are considered by the state in the same category, the state presented sufficient evidence to support its pay plan. The state collected data from national and local market surveys to determine how much to pay night nurses to work in Indiana. Turnover was not high for nurse supervisors, and even though they too received a raise with the revised pay scale, it was not as high as the pay for night nurses. The Court of Appeals decided the SEAC did not abuse its discretion or act arbitrarily by denying Ferguson's petition and agreed raising the salaries for night nurses above the nurse supervisor's pay is rational and appropriate for the state to do.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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