Edmondson v. Tuscaloosa County

• Decision Date: 19 July 1972
• Docket Number: 6 Div. 120
• Citation: 265 So.2d 154,48 Ala.App. 372
• Parties: Victor EDMONDSON v. TUSCALOOSA COUNTY, Alabama.
• Court: Alabama Court of Civil Appeals

Page 154

265 So.2d 154

48 Ala.App. 372

Victor EDMONDSON v. TUSCALOOSA COUNTY, Alabama.

6 Div. 120.

Court of Civil Appeals of Alabama.

July 19, 1972.

Richard C. Shelby, Tuscaloosa, for appellant.

Skidmore, Skidmore, Crownover & Mountain, Tuscaloosa, for appellee.

WRIGHT, Presiding Judge.

Victor Edmondson was dismissed from his employment with the road department of Tuscaloosa County on June 1, 1970. He appealed his discharge to the Civil Service Board of Tuscaloosa County as provided by Act No. 357 as enacted by the Legislature of Alabama in the 1949 Regular Session. After hearing de novo, the Civil Service Board, hereinafter called the Board, set aside the discharge of Edmondson and entered instead an order for a 30 day suspension. Tuscaloosa County petitioned for a review of the hearing before the Board by the Circuit Court. Upon such review the Circuit Court reversed the Board, and directed the reinstatement of the original discharge. Edmondson now appeals to this court from the decree of the Circuit Court.

Edmondson was employed by Tuscaloosa County on April 1, 1969 and was discharged June 1, 1970 by verbal order of his superintendent. He subsequently was written a letter of diacharge as follows:

'June 1, 1970

'To: Victor Edmondson

Laborer, Construction Crew

Tuscaloosa County

'You are hereby relieved of duty with Tuscaloosa County as of this date due to ignoring the instructions of your superintendent and using profane & threatening language to said superintendent. The charges listed above took place in the presents (sic) of Mr. Cook, Kornegay, Edge, Banks, Hunt & Bobby Wilburn, on the morning of June 1, 1970.

'We have tried to work you with the right of way crew, grading crew & surfacing crew and you failed to work with harmony in any of these crews, so it is therefore necessary to discharge you.

's/ C. H. West, Jr.

C. H. West, Jr., Co. Engr.

S/ R. G. Yerby

R. G. Yerby,

Superintendent

'cc: Civil Service Board

Board of Revenue

Mr. Dollar

File'

Section 10 of Act 357 as pertinent, is as follows:

'Section 10. Removals and Discharges.--The governing body of the county, any member of the governing body, or the head of any department or office can remove, discharge, or demote any employee, officer or official of the county who is subject to the provisions of this Act and who is directly under such governing body, member thereof, or department head, provided that within five days a report in writing of such action is made to the Board, giving the reason for such removal, discharge, or demotion. The employee shall have ten days from the time of notification of his discharge, removal, or demotion in which to appeal to the Board. The Board shall thereupon order the charges or complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges. No permanent employee, officer, or official of Tuscaloosa County whose employment comes within the jurisdiction of this Act, and whose probationary period has been served, shall be removed, discharged, or demoted except for cause, and if such removal, discharge, or demotion is appealed to the Board, then the same will become final only after a hearing upon written charges or complaint has been had and after an opportunity has been given him to face his accusers and be heard in his own defense. Pending a hearing on said appeal, the affected employee may be suspended or demoted; and after such hearing the Board may order said employee reinstated, demoted, removed, discharged, or suspended, or take such other disciplinary action as in their judgment is warranted by the evidence and under the law.'

After receiving the letter of June 1, 1970, Edmondson gave notice to the Board of his appeal. On 21 October 1970, a hearing of the appeal was held by the Board. It does not appear in the record of proceedings there how the hearing was set or arranged, but it does clearly appear that parties and witnesses were present together with attorneys and members of the Board.

The record indicates there had been no complaint or charges filed in writing as directed by Section 10 of Act 357 upon the day of the hearing. Apparently after discussion between the Board and counsel, it was agreed to waive formal written charges prior to holding the hearing. There was effort made to stipulate into the record what the charges were and which would be heard and later placed in writing in the record. However, there was immediate disagreement as to what charges could be properly heard. The County, in addition to the occurrence of June 1, 1970 as set out in the letter, wished to introduce evidence of other specific occurrences on other dates.

Appellant insisted that only the matter of June 1, 1970, referred to in the letter as the cause, could properly be heard. The Board allowed the County to dictate the matters desired to be charged into the record. Appellant objected except for the occurrence of June 1, 1970. The Board, speaking through the lawyer member, Mr. Harwood, stated that it would proceed with the case, allowing evidence of matters on occasions other than June 1, 1970, but subject to such matters being withdrawn from its consideration prior to final decision. Throughout the hearing, appellant objected to evidence of any acts other than that occurring on June 1, 1970.

After hearing extensive testimony relating to events of June 1, 1970 and other events going back into September 1969, the Board entered a decision setting aside the discharge of appellant and directing disciplinary action consisting of a 30 day suspension from June 1, 1970.

In its written decision, the Board stated that the cause was submitted upon the testimony of the witnesses and exhibits as noted by the reporter, and after considerasion thereof, 'Victor Edmondson is due to be reprimanded and disciplined to some degree for his conduct occurring on said date of June 1, 1970.'

The decision of the Board was entered on 5 November 1970. Petition for review by the Circuit Court was granted on 13 November 1970. Final decree on review was entered by the Circuit Judge on 11 June 1971.

By said final decree the court set aside the decision of the Civil Service Board and rendered a decision discharging the appellant. There were two 'findings' of the court which appear in its decree as follows:

'1. The Court finds from a study of the transcript that the final decision of the Board was unsupported by substantial evidence in the records submitted in that all of the evidence in said case warranted or justified the actions of Clarence M. West as County Engineer in discharging former employee Edmondson for insubordination as well as other acts of malfeasance on his part as an employee.

'2. The Court further finds that the ruling of the Board contains substantial error or injustice in that the Board in its considerations failed to consider several of the charges set forth in the formal written 'Statement of Charges' submitted by the aforesaid Clarence West as County Engineer against former employee Edmondson.'

Appellant brings this appeal from the decree of the Circuit Court assigning as error that the decree is arbitrary and contrary to the authority granted the Court by Section 11 of Act 357.

Pertinent part of Section 11 appears as follows:

'Section 11. Review of Decision and Appeals.--Any party, including the County governing body, aggrieved by a final decision of the Board, is entitled to a review of such decision by filing a petition in the Circuit Court of Tuscaloosa County, Alabama, within ten days after such final decision is rendered. . . . Review by the court shall be without a jury and confined to the record, including a transcript of the evidence. . . . The court, upon a hearing of the petition, shall have power to affirm or reverse and render or to remand the matter to the Board for further proceedings consistent with the judgment of the court. However, the court shall affirm the decision of the Board unless it finds that the substantial rights of the petitioner have been prejudiced because the final decision of the Board was: 1) unsupported by substantial evidence in the record submitted; 2) in excess of the authority conferred by this Act on the Board; 3) violative of constitutional provisions; 4) arbitrary or capricious; or 5) affected otherwise by substantial error or injustice. An appeal may be taken from any final judgment of such court to the Court of Appeals of Alabama . . ..'

The quoted portion of the statute clearly delineates the scope of the review of the actions of the Board by the Circuit Court....