Byrd v. City of Atlanta, S96A0954

• Citation: 471 S.E.2d 852,266 Ga. 800
• Decision Date: 17 June 1996
• Docket Number: No. S96A0954,S96A0954
• Parties: BYRD v. CITY OF ATLANTA et al.
• Court: Supreme Court of Georgia

Page 852

471 S.E.2d 852

266 Ga. 800

BYRD v. CITY OF ATLANTA et al.

No. S96A0954.

Supreme Court of Georgia.

June 17, 1996.

Reconsideration Denied July 12, 1996.

Robert A. Maxwell. Atlanta, for Maggie Byrd.

Rolesia D. Butler, Assoc. City Atty., Clifford E. Hardwick, IV, City Atty., June D. Green, Sol., Atlanta, for City of Atlanta et al.

FLETCHER, Presiding Justice.

The city fired Maggie Byrd from her job with the Atlanta Police Department for violating work rules. The Atlanta Civil Service Board modified the dismissal to a 30-day suspension, but failed to award back pay. Byrd did not appeal that decision. She filed this mandamus action seeking an order directing the city attorney to approve her back pay.

The writ of mandamus is an extraordinary remedy that is available only when the petitioner has a clear legal right to the relief sought and there is no other adequate legal remedy. ¹ In granting the city's motion to dismiss, the trial court ruled that Byrd could have challenged the civil service board's omission of back pay by appealing its decision to the superior court by writ of certiorari. Because we agree that Byrd had an adequate legal remedy that she failed to exercise, we affirm.

Judgment affirmed.

All the Justices concur.

1 Thompson v. Paulk, 265 Ga. 479, 457 S.E.2d 665 (1995).