10/28/09 - Madison County
The state court of appeals heard the appeal of a former assistant chief deputy with the Madison County Sheriff's Department. William "Butch" Mitchell was fired in 2005 for conduct unbecoming of an officer. For several years since then he has appealed decisions to uphold the termination.
Today, attorneys for
Mitchell argued that evidence gathered during the first
hearing in front of the Madison County Civil Service
Commission should have followed state laws. The Civil
Service Commission is a private entity and constrained
some of the facts that Mitchell's attorney thought
should have been presented.
"We believe the
commission acted arbitrarily by limiting its
consideration and by failing to take into account other
evidence," said Barclay Roberts, attorney for Butch
Mitchell.
Opposing counsel
countered the statement, saying the protocol followed
under the commission's rules was applicable and does not
have to follow state law because Mitchell was hired
under commission policy.
"The Madison County
Sheriff's Department's Civil Service Commission was
created by a private act. It is not subject to the
provision of the Uniform Administrative Procedures Act,"
said Brandon Gibson, attorney for Madison County.
The appeals court
justices did not say when they expect to rule on the
case.