In a grievance proceeding against the city of Hampton by one of its firefighters, the city is only obligated to produce those documents that it intends to use in the grievance proceedings. The firefighter was incorrectly granted mandamus relief to compel production of other documents.
Background
Williamson, a Hampton firefighter, was accused of making a remark that another firefighter, who was not there when the remark was made, and “interpreted it as offensive and racist.” Williamson was discharged and believed this was the “result of a ‘letter-writing campaign to smear’ his reputation.
Williamson grieved his discharge and ultimately asked the city to “produce ‘all correspondence, emails, or texts’ received by ‘any city employee from any source complaining about the statement Mr. Williamson allegedly made which forms the basis for this disciplinary action,’ and ‘any document which formed the basis for the disciplinary action’ against Williamson.”
The city replied that it did not intend to use any of the requested documents. Williamson then filed for mandamus relief. The circuit court granted the motion. The city appealed.
Analysis
“‘Mandamus is an extraordinary remedy employed to compel a public official to perform a purely ministerial duty imposed upon him by law.’ …
“On appeal, the City argues that the circuit court erred in granting the writ of mandamus, claiming that Code § 15.2-1507(A)(10)(b)(3) does not require it to furnish documents to a grievant if it does not...
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