City of Brighton v. Gibson

3 Citing cases

  1. Scott v. Coachman

    73 So. 3d 607 (Ala. 2011)   Cited 3 times

    Indeed, the very language in § 11-43-81 extends the mayor's power only as far as not otherwise provided by law and contemplates situations where the council, rather than the mayor, is the appointing authority. The Alabama Court of Civil Appeals seemingly recognized this possibility in City of Brighton v. Gibson, 501 So.2d 1239, 1241 (Ala.Civ.App.1987), stating: " In our opinion § 11-43-81, in the absence of any contrary statute or other contrary appropriate authority, gave the mayor the authority to hire the employee as her personal secretary without obtaining the consent of the City Council.

  2. Wallace v. City of Montgomery

    956 F. Supp. 965 (M.D. Ala. 1996)   Cited 10 times
    Finding that state employer's decision to demote tenured state employee does not implicate substantive due process

    Specifically, the Mayor's instructions as to personnel matters could be deemed to be city policy. See, e.g., City of Brighton v. Gibson, 501 So.2d 1239 (Ala.Civ.App. 1987). Moreover, the plaintiff has presented evidence that the investigations were supervised by the plaintiff's superiors who had bad relations with the fire fighters union and who were "mad" and "concerned" about the news conference.

  3. Bryant v. Nichols

    712 F. Supp. 887 (M.D. Ala. 1989)   Cited 4 times

    1975 Ala. Code § 11-43-81 (1977). A plausible reading of the Alabama Court of Civil Appeals' decision in City of Brighton v. Gibson, 501 So.2d 1239 (Ala.Civ.App. 1987), in which the appellate court held that the mayor had authority to hire a personal secretary without obtaining the consent of city council, suggests that, had the council actually attempted to make the decision to transfer Bryant, instead of recognizing the mayor's responsibility to do so, the council might have been acting outside its authority. This interpretation is consistent with the view of some councilmembers who had contended that the vote at the city council meeting was merely an expression of support for the mayor's decision.