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Clayton County Bd. of Comm'rs v. Murphy

The trial court erred in granting the former county employee's petition for a writ of mandamus to compel the County to offer him employment in an unspecified position, as he did not establish a clear legal right to such.

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The Clayton County Board of Commissioners and its individual members appeal from a writ of mandamus directing the County to give an unspecified job to Joseph Murphy, whom the County previously had employed as Assistant Director of its Department of Community Development. The Board contends, among other things, that the writ is premised on a misunderstanding and misapplication of the County’s civil service rules and regulations. We agree and reverse the grant of the writ.

As Assistant Director, Murphy was responsible for building inspections to ensure compliance with the County housing code. On the side, Murphy owned a business that did electrical work, and the County had warned him not to inspect any work that his business had done. In 2007, the Director of Community Development terminated Murphy for failing to heed the warning. Murphy appealed his firing to the Civil Service Board CSB, which found that the termination was not supported by sufficient cause, as required by the County’s civil service rules. The CSB ordered that Murphy be reinstated, and the County appealed.

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