Ex Parte City of Birmingham

The City of Birmingham ("the City") has petitioned this court for a writ of certiorari, see Ex parte Smith, 394 So.2d 45 (Ala.Civ.App. 1981), seeking review of a three-judge panel's reversal of its personnel board's decisions to suspend the employment of Gary Erwin, a police officer, for 30 and 45 days, based upon two separate instances of alleged misconduct. We affirm in part, reverse in part, and remand.

After an initial determination hearing, Erwin was suspended for 30 days by his department head on the following charges:

"In that, on Friday, May 5, 2000, at approximately 11:05 a.m., [Erwin]…