City of Laurel v. Keyes


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Docket Number: 2008-CA-00984-COA
Court of Appeals: Opinion Link
Opinion Date: 03-16-2010
Opinion Author: Lee, P.J.
Holding: Vacated
Additional Case Information: Topic: Civil service - Notice of appeal - Writ of certiorari - Section 11-51-95 - Section 11-51-93
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - OTHER
Trial Court: Date of Trial Judgment: 05-19-2008
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: REVERSED CIVIL SERVICE COMMISSION RULING AND ORDERED CITY TO PROMOTE KEYES AS BATTALION CHIEF, EFFECTIVE JUNE 23, 2003
Case Number: 2003-115-CV7
Note: Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down.
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: THE CITY OF LAUREL




 DAVID M. RATCLIFF, DEIDRA J. BASSI



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: KENNETH (KEN) KEYES THOMAS T. BUCHANAN, JOHN D. SMALLWOOD  
    Synopsis provided by:

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    Topic: Civil service - Notice of appeal - Writ of certiorari - Section 11-51-95 - Section 11-51-93
    Summary of the Facts: Ken Keyes was a shift captain with the City of Laurel Fire Department. He was passed over for a promotion to battalion chief in favor a fireman who was a rank below Keyes’s. Keyes filed a grievance with the City of Laurel and the Laurel Civil Service Commission. After a hearing on the matter, the LCSC upheld the promotion and rejected Keyes’s grievance. Keyes appealed to circuit court which reversed the ruling of the LCSC and ordered the City to promote Keyes to battalion chief. The City appeals.
    Summary of Opinion Analysis: Section 11-51-95 grants writs of certiorari to the circuit court to review proceedings from tribunals inferior. Section 11-51-95 considers a municipal civil service commission an inferior tribunal. Keyes filed a notice of appeal and not a writ of certiorari. According to 11-51-93, the writ of certiorari must be in the form of a petition and supported by an affidavit. Keyes’s notice of appeal does not contain a petition or any supporting affidavit. Thus, the notice of appeal cannot be construed to be a petition for certiorari, and the circuit court did not have jurisdiction over Keyes’s appeal.


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