State Ex Rel. Austin v. Miller

HOFFMAN, Judge.

Relator Allen Austin brought this suit in an attempt to enjoin the City of Michigan City from demoting him from the rank of captain in that city’s fire department. Austin alleged in his complaint that the demotion, which was to take effect upon a change of administration in the City, was politically motivated and was to be effected without giving him notice of- charges and a hearing as required by a Memo of Understanding between the City and the firefighter’s union and an Executive Order issued by then-mayor Randall Miller. The trial court found, however, that the agreement…