City of Fort Smith v. Driggers

David Newbern, Justice.

This is a promotion and back pay case brought by a Ft. Smith fireman, the appellee, Chris Driggers, against the City of Ft. Smith and its Civil Service Commission (the City). The case, in which both specific and declaratory relief were sought, was tried without a jury, and the Circuit Court held Driggers was entitled to the relief he requested. The City appeals contending the Court erred in finding that, at the time critical for this case, the Ft. Smith civil service criterion for promotion of firemen was examination scores and not seniority. It is also contended by the…