from Mobile Circuit Court. (CV-11-1196).
Appellant: Carroll J. Ogden, Mobile.
Appellee: Wanda B. Rahman, Asst. City Atty., City of Mobile
Presiding Judge. Pittman, Thomas, Moore, and Donaldson, JJ.,
THOMPSON, Presiding Judge.
January 4, 2011, the City of Mobile (" the City" )
notified Cassandra Matthews, one of its employees, of its
intent to suspend her without pay and that a predisciplinary
hearing was scheduled for January 12, 2011. Following the
hearing, the City, on January 25, 2011, notified Matthews
that it would suspend her without pay for a period of 24
hours, effective February 21, 2011. Act No. 470, Local Acts
of 1939 (" the Act" ), as amended, governs the
civil-service system for Mobile County and the
City. The Act has been amended several
times, and the most recent amendment pertaining to some of
the provisions applicable to this case occurred in Act No.
2004-105, Ala. Acts 2004.
Act, as amended, provides the method by which a suspended
employee may challenge before the Mobile County Personnel
Board (hereinafter " the Board" ) the City's
decision to suspend him or her. See § XXIII of the Act,
as amended by Act No. 2004-105, Ala. Acts 2004, p. 157
(" The suspended employee shall have the right to file
an appeal of the suspension for a hearing before the
board." ). The Rules and Regulations of the Personnel
Board for Mobile County (hereinafter " the Rules and
Regulations" ), formulated pursuant to the Act, set
forth a more specific explanation of an employee's right
" An employee desiring to appeal from a dismissal,
suspension or demotion shall, within ten days after notice
thereof, file with the Director [of the Board] a written
answer or explanation of the charges. Such answer shall
contain (1) an admission or denial of guilt and, (2) reasons
why the action should not become effective. Upon receipt of
the appeal, the Director shall forward a copy thereof to the
Appointing Authority concerned. The Director shall prepare
and have available simplified forms for use by an employee in
perfecting an appeal to the Personnel Board from such
disciplinary action as aforesaid. The Personnel Department
shall, where necessary, assist the employee to perfect such
14.4, Rules and Regulations.
record indicates that Matthews was served with notice of the
Board's decision to suspend her for 24 hours without pay
on February 15, 2011, and that she timely filed a written
form notice of appeal of the City's suspension decision
with the Board's personnel director on that same date.
Matthews's appeal of her 24-hour suspension was pending
before the Board, on April 18, 2011, Matthews received a
predisciplinary-hearing notice from the City that informed
her of the City's intent to terminate her employment;
that notice also specified that a hearing was scheduled for
May 2, 2011. On May 2, 2011, the City terminated
Matthews's employment, and Matthews ...