Beasley v. City of Gulfport

4 Citing cases

  1. City of Meridian v. Meadors

    222 So. 3d 1045 (Miss. Ct. App. 2016)   Cited 3 times

    ¶ 15. The City argues the circuit court misinterpreted Eidt , and failed to address the supreme court's subsequent holding in Beasley v. City of Gulfport , 724 So.2d 883 (Miss. 1998), which distinguished Eidt . In Beasley , the supreme court considered the firing of the chief building official for the City of Gulfport.

  2. Fields v. City of Clarksdale

    133 So. 3d 373 (Miss. Ct. App. 2014)

    The scope of an appeal from an administrative agency, such as the Commission, is generally governed by Uniform Rule of Circuit and County Court 5.03, which states that the appellate court reviews the administrative agency's decision to determine if the decision “1. [w]as supported by substantial evidence; or 2.[w]as arbitrary or capricious; or 3.[w]as beyond the power of the lower authority to make; or 4.[v]iolated some statutory or constitutional right of the complaining party.” Further, Mississippi Code Annotated section 21–31–71 (Rev.2007) provides that the scope of review of the Commission's decision regarding termination of a city employee is limited to examination of the record to determine whether there exists credible evidence substantiating the city's action, and on that basis the court determines whether the decision was in good faith for cause. Beasley v. City of Gulfport, 724 So.2d 883, 885 (¶ 12) (Miss.1998). While the present case does involve an appeal from an administrative agency, we are not reviewing a decision from the administrative agency; therefore, Rule 5.03 and section 21–31–71 are not the applicable standards of review in the present appeal.

  3. City of Laurel v. Brewer

    919 So. 2d 217 (Miss. Ct. App. 2005)   Cited 11 times

    ¶ 39. The civil service commission has discretion to deny back pay just as it has discretion to modify a city's order of discipline. Beasley v. City of Gulfport, 724 So.2d 883, 887-88 (¶ 22) (Miss. 1998). Therefore, the civil service commission's award or denial of back pay should be affirmed if it is supported by substantial evidence.

  4. Bowie v. City of Jackson Police

    816 So. 2d 1012 (Miss. Ct. App. 2002)   Cited 9 times
    In Bowie, the Court of Appeals directed the Commission to amend its original order to comply with the statutory requirements of section 21-31-23.

    City of Meridian, 447 So.2d at 643. This Court is not to determine issues of fact regarding whether an employee was guilty of the charge or not, but should only determine whether the Commission acted in good faith based on the evidence before it. Beasley v. City of Gulfport, 724 So.2d 883 (¶ 26) (Miss. 1998). ¶ 21.