Young v. City of Biloxi
| Docket Number: | 2008-CA-01848-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-08-2009 Opinion Author: LEE, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Employee discipline - Good faith for cause Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-10-2008 Appealed from: Harrison County Circuit Court Judge: JERRY O. TERRY, SR. Disposition: EMPLOYEE DISCIPLINE AFFIRMED Case Number: A2402-2007-00082 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RONDELL YOUNG |
SHANNON ADELE LADNER, RUSSELL S. GILL |
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| Appellee: | CITY OF BILOXI, A BODY POLITIC AND ITS CIVIL SERVICE COMMISSION | GINA BARDWELL TOMPKINS | ||
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: | Employee discipline - Good faith for cause |
| Summary of the Facts: | Rondell Young was suspended for three days without pay from his job as a code enforcement administrator for the City of Biloxi. Young appealed the disciplinary action to the City of Biloxi Civil Service Commission. The Commission upheld the suspension. Young then appealed to circuit court, which affirmed the decision of the Commission. Young appeals. |
| Summary of Opinion Analysis: | A city’s disciplinary action may be reversed if it was made for political reasons, religious reasons, or was not made in good faith for cause. Young argues that his suspension was not made in good faith for cause; rather, it was based on a pattern of behavior toward Young by the Community Development Director. However, the Director testified repeatedly that Young was disciplined for using profanity over the radio. Sufficient evidence was presented for the Commission to find that it was Young’s inappropriate comment that led to the suspension. The Commission conducted a thorough investigation and held a public hearing, which lasted approximately seven hours. There is substantial evidence in the record to support the Commission’s findings. |
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