City of Mobile v. Robertson

On Rehearing Ex Mero Motu

THOMPSON, Judge.

This court’s opinion of March 21, 2003, is withdrawn, and the following opinion is substituted therefor:

The City of Mobile (“the City”) and the Mobile County Personnel Board (“the Board”) appeal from the Mobile Circuit Court’s judgment reversing the Board’s decision suspending, for disciplinary reasons, Howell Roe Robertson from the Mobile Police Department for three days without pay. We reverse the trial court’s judgment.

Robertson has been employed with the Mobile Police Department since 1988; he was ranked as a corporal at the time of the incident…