Mitchell v. Greenough

JONES, Justice.

Can a classified city employee be denied pay for a period of authorized leave awaiting outcome of pending criminal charges where he is subsequently exonerated and reinstated? Within the factual context here presented, we hold that he cannot. We reverse and remand.

This declaratory judgment action, filed by the Mobile County Personnel Board on behalf of the aggrieved employee, was tried below on a stipulation of facts, the substance of which follows:

W. C. Clewis is a classified employee of the City of Mobile serving in the capacity of Auditorium Manager, and is under the…