Jordan v. City of Mobile

• Decision Date: 04 March 1954
• Docket Number: 1 Div. 574
• Citation: 260 Ala. 393,71 So.2d 513
• Parties: JORDAN v. CITY OF MOBILE.
• Court: Alabama Supreme Court

Page 513

71 So.2d 513

260 Ala. 393

JORDAN v. CITY OF MOBILE.

1 Div. 574.

Supreme Court of Alabama.

March 4, 1954.

Johnston, McCall & Johnston, Mobile, for appellant.

Albert J. Tulley, Mobile, for Personnel Board of Mobile County.

Fred G. Collins, Mobile, for appellee.

STAKELY, Justice.

This cause arose under the local act and amendments thereto which provide for the creation of the Personnel Board for Mobile County and the Rules and Regulations adopted by that Board. Local Acts of Alabama, 1939, p. 298 et seq.

On April 29, 1953, Ralph Jordan (appellant), a police officer of the City of Mobile, received from the Board of Commissioners of the City of Mobile a letter dismissing him from the service of the Mobile Police Department. In substance the letter advised him that upon charges filed by Mrs. Margaret Monroe of Mobile, Alabama, he was dismissed from the services of the Mobile Police Department and his employment terminated on April 30, 1953, for conduct unbecoming an employee in the public service.

Ralph Jordan thereupon appealed in writing from the action and decision of the Board of Commissioners of the City of Mobile and at the same time answered the charges in writing, as follows: '(1) He is not guilty. (2) At the time and place complained of he was performing his duties as a public officer of the City of Mobile and acting within his authority and rights as such public officer.'

Ralph Jordan was tried on May 25, 1953, before the Personnel Board at which time evidence was offered to the Personnel Board by both the City of Mobile and by Ralph Jordan.

On June 3, 1953, an order was made by the Personnel Board of Mobile County, with a dissent of one member, modifying and altering the decision of dismissal of Ralph Jordan by the Board of Commissioners of the City of Mobile, to suspension from active duty without pay from April 30, 1953, through and including June 15, 1953, and ordering that 'the employee shall thereafter be fully restored to active duty.'

Thereupon the City of Mobile appealed from the decision of the Personnel Board of Mobile County to the Circuit Court of Mobile County. The Circuit Court of Mobile County upon hearing the cause entered an order on July 20, 1953, holding that the portion of the order of the Personnel Board of Mobile County modifying and altering the order of the Board of Commissioners of the City of Mobile, by substituting suspension of Ralph Jordan for dismissal as ordered, 'was unlawful and it was thereby vacated.' The appeal here is from the order of the Circuit Court of Mobile County.

A considerable amount of testimony was introduced on the hearing before the Personnel Board. It is not practicable to set it all out in detail, but we shall attempt to summarize the salient facts in order to give an understanding of the case. Ralph Jordan (appellant) is 37 years of age and has been a Police Officer of the City of Mobile for approximately thirteen years, except for 24 months on military duty. He entered the service of the Police Department in 1940. His service as a police officer is rated as 'outstanding.'

Mrs. Margaret Monroe, who filed the charges against Ralph Jordan, lives at 108 So. Franklin Street in the City of Mobile, where she has resided for the last nine years. Her daughter, Mrs. Melanie Turner, had two children by a former marriage, namely, Jean McAtee, 9 years of age, and Frank McAtee, 11 years of age. About the middle of January 1953 Mrs. Margaret Monroe's daughter Melanie, who had worked for several years to support her children and mother and who had remarried, moved to Jasper, Alabama, taking along her daughter Jean McAtee but leaving her son Frank McAtee temporarily in Mobile. Mrs. Margaret Monroe was opposed to the marriage of her daughter.

On the Friday before Easter, Mr. and Mrs. Turner together with her daughter Jean McAtee returned to Mobile from Jasper, Alabama, for Easter. The girl telephoned her brother Frank McAtee Saturday morning and Mrs. Turner took the children to her mother's house. That night Jean spent the night with her brother and grandmother, Mrs. Monroe, at the latter's house. The next morning, Easter Sunday, Mrs. Turner went to Mrs. Monroe's home to get the children to take them to Sunday School, but the boy had already gone. They attended Sunday School but did not stay for church. Mrs. Turner and her husband, however, went to church and afterwards took the children out to their other grandmother's for dinner, keeping them there until 3:00 or 4:00 o'clock in the afternoon. Mrs. Monroe having promised to let her daughter Melanie have her clothes which she would not let her have at the time of her marriage, Mrs. Turner drove by her mother's house in the afternoon and upon arrival there the children stated that they were going across the street and play with a girl friend. When Mrs. Turner had packed the clothes she called by telephone for her children and requested that they be told to come home, that they were ready to leave. She was told by the friend that they would come. Mrs. Turner waited for sometime and the children did not show up. Mrs. Turner made a considerable effort to find the children and then said to her husband, 'We have just got to do something. Something is wrong. My children haven't come home.' It was necessary for a return to be made to Jasper that evening since her husband had to go to work the next morning. Mrs. Turner then called the police and all of them drove around the neighborhood looking for the children. On returning to Mrs. Monroe's house, Mrs. Turner was informed the children had not yet come home. Sometime later the boy appeared and when his mother inquired where Jean was he stated that he was not going to tell her. Mrs. Turner then sought to prevail upon her mother, Mrs. Monroe, to aid her in ascertaining from the boy where Jean was, but Mrs. Monroe said, 'No, I am not going to do it.' The first call to the police, according to Mrs. Turner, was early in the evening.

According to the Policeman Ivon Swift, he and his partner, Policeman Barnes, who patrolled by automobile, received a call Easter Sunday evening about a lost child. They made a search for the child but were not successful. They went to the home of Mrs. Monroe. Being informed that Mrs. Monroe would not let any officer enter her house without a search warrant, they decided to call Detective Ralph Jordan into the case. He was their superior officer in this particular area. Mrs. Turner told the officers that she believed the children were in the house of Mrs. Monroe. According to the officers, the boy came to the door of Mrs. Monroe's house and talked to his mother three or four times.

When Ralph Jordan appeared he asked Mrs. Monroe where the little girl was and was told by her that she did not know. The screen door on the front porch of the house of Mrs. Monroe was latched. Officer Ralph Jordan hit the screen door with his hand several times and it came open. Policeman Lockler, who was with Ralph Jordan, opened a door to the stairway inside the house and found the little girl Jean. The boy Frank screamed and cut up generally and there was considerable commotion in the house. The officers decided that it was better to take all of them down to the station where the matter could be settled.

When Ralph Jordan at the call of the other policemen reached the home of Mrs. Monroe, he first knocked upon her door and called but no one answered. He then called out to Mrs. Monroe and stated that Mr. and Mrs. Turner were outside and believed the children were inside the house and that she wanted the children as she was to return to Jasper that night. He asked Mrs. Monroe to open the door and she replied that she was not going to do it. She told them that they could not come in without a search warrant. He asked Mrs. Monroe where the girl was and she stated that she did not know. He asked the boy where his sister was and he began to cry and scream that neither he nor his sister were going to go back with his mother and Jim Turner. When the girl was found Mrs. Turner tried to get her to go with her while the boy was running around shouting and screaming at the top of his voice. It was then that the officers decided that the matter could best be straightened out at police headquarters.

The first time that Ralph Jordan heard about the missing child was when the report came to him over the radio and he went around to the home of Mrs. Monroe. Prior to that time he had never known either Mrs. Monroe or Mrs. Turner.

At the time of the dismissal of Ralph Jordan as a Police Officer and for a long time prior thereto there was and had been in force and effect Rule 14.7 adopted by the Personnel Board of Mobile County as follows:

'Decision. 14.7 The hearing on appeal shall be de novo, and the Board may rescind, modify, alter or affirm the penalty imposed by the appointing authority, or may impose such additional or different penalty as may be warranted by the evidence adduced at the hearing. Within ten days after the conclusion of the hearing, the Board shall render its decision which shall forthwith be certified to the appointing authority and be enforced by him. Copies of the decision shall be delivered to all other parties at interest.'

After reviewing the evidence and making its finding the Personnel Board said: 'For these reasons, including the attendant circumstances which we have mentioned, the Board finds that 'the City Commission was warranted in taking some disciplinary action against this employee'.' The order then says:

'The evidence further shows and the Board finds that Mr. Jordan did not act maliciously nor with any thought or desire to violate the law. He was called upon to perform a duty and to make a decision amidst confusion and in an emergency. He has been an employee of the Police Department for thirteen years during which time he has had excellent service ratings from his superiors in the department. For the past five years...