Mann v. City of Tallassee
| Decision Date | 26 June 1987 |
| Citation | 510 So.2d 222 |
| Parties | Tony MANN v. CITY OF TALLASSEE and Thomas Pollard, Individually and as Mayor of the City of Tallassee. 85-1180. |
| Court | Alabama Supreme Court |
Mack Clayton, Alexander City, for appellant.
Steven F. Schmitt of Hornsby & Schmitt, Tallassee, for appellees.
Tony Mann appeals from a summary judgment in favor of defendant/appellee City of Tallassee. We affirm.
Mann was a police officer with the Tallassee police department from May 1978 until November 27, 1984. On November 26, 1984, Mann was informed that a citizen's complaint had been lodged against him individually and as a police officer, and that an investigative hearing concerning the matter was scheduled for November 28, 1984.
On November 27, 1984, the day after he was informed of the complaint, Mann tendered his resignation, which was duly accepted by the acting chief-of-police. Mann's resignation letter read as follows:
The following deposition testimony of Mann should be noted concerning his resignation:
Mann was later informed that even though he had resigned, an investigative hearing concerning the complaint would still be held as planned on November 28, 1984.
On November 28, 1984, Mann approached the mayor of Tallassee and requested that his letter of resignation be returned. The request was denied. The investigative hearing took place as scheduled. Apparently, the complaint concerned a young woman whose family had become upset, and they were alleging that Mann was driving to their house repeatedly while on duty to visit the young woman.
On December 15, 1984, a second meeting occurred to determine the outcome of the investigation. Mann was informed by the mayor of Tallassee that it would be in the best interest of Tallassee if Mann did not return to work as a police officer.
Appellant Mann filed a four-count complaint after he was informed that his letter of resignation would not be returned. The first three counts involve Code of Alabama 1975, § 11-43-180 through § 11-43-190.
Sections 11-43-180 and § 11-43-190 are here quoted:
_____ " § 11-43-190. Applicability of provisions of article.
Appellant Mann contends in the first three counts of his complaint that § 11-43-180 has been violated by the city's failure to have a civil service system for law enforcement officers and that such a failure violates his rights. One should note that for §§ 11-43-180 through -190 to be applicable to a particular municipality, that municipality must have a population of 5,000 persons or more. This is clearly stated in § 11-43-190(b). According to the 1980 federal decennial census, the city of Tallassee had a population of 4,763.
In 1982 the municipality of Carrville was annexed to Tallassee. It is undisputed that Carrville had a population of 820 prior to annexation.
While it is true that the population of Tallassee following the annexation of Carrville in 1982 might be over 5,000, that fact cannot help Mann, because this Court is bound to apply the plain meaning of the statute.
In Dumas Brothers Manufacturing Co. v. Southern Guaranty Insurance Co., 431 So.2d 534, 536 (Ala.1983), this Court stated:
(Citing Town of Loxley v. Rosinton Water, Sewer & Fire Protection Authority, Inc., 376 So.2d 705 (Ala.1979).)
Also, in Godwin v. City Council of City of McKenzie, 449 So.2d 1231, 1232 (Ala.1984), this Court stated:
"The parties agree that the City of McKenzie has a population of less than 5,000, thus rendering §§ 11-43-180, et seq. (mandating a civil service merit system for law enforcement officers of cities whose population exceeds 5,000), inapplicable."
Further, in Chandler v. City of Lanett, 424 So.2d 1307, 1309 (Ala.1982), this Court stated:
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