Martin v. City of Vicksburg
| Docket Number: | 2002-CC-00371-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Suspension of employee - Conditional reinstatement Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Lee, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 02-06-2002 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: VICKSBURG CIVIL SERVICE COMMISSION Case Number: 01,0047-CI-P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Richard E. Martin, Jr. |
PHILIP CAREY HEARN |
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| Appellee: | City of Vicksburg | WALTERINE LANGFORD NANCY DAVIS THOMAS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Suspension of employee - Conditional reinstatement |
| Summary of the Facts: | Richard Martin, Jr., a firefighter with the City of Vicksburg, was suspended from his job after the City became aware of certain hunting violations. Martin was reinstated after the most recent hunting charge was dismissed, subject to certain conditions including no back pay for the suspension, one year's probation and a doctor's release to return to work after a recent injury to his wrist. Martin appealed to the Vicksburg Civil Service Commission, which affirmed. The circuit court also affirmed, and Martin appeals. |
| Summary of Opinion Analysis: | Issue 1: Initial suspension Martin was initially suspended based on assertions that his arrests and failure to report these arrests constituted conduct unbecoming as an employee on or off duty and a violation of City policy. Martin argues that under the rules a conviction is required before he can be suspended. Section 12.3.4E of the Vicksburg Fire Department's Standard Operating Guidelines provides that disciplinary action can be taken where the employee has been convicted of a felony or misdemeanor. Martin had a previous conviction of headlighting deer in Issaquena County, separate from the charge of hunting without a license in Warren County. Issue 2: Conditional reinstatement Martin argues that the conditions placed on his reinstatement were in bad faith as the rules andregulations do not require the reporting of an arrest or conviction, nor do the rules state that the arrest, by itself, is grounds for suspension or other corrective action. Because there was good cause to find that Martin independently exhibited conduct unbecoming of a city employee by virtue of his violations of the state's hunting laws including a misdemeanor conviction, there was more than sufficient grounds for the City to place conditions on Martin's reinstatement. |
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