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City of Laurel6/21/2005
ce both handcuffs on Breland. Officer Satcher testified that he could not have completed the arrest without Officer Brewer's assistance.
. The City argues Officer Satcher was not a credible witness and that the testimony of Officer Satcher should not have been relied upon because his statements were inconsistent as to whether Breland was handcuffed when Brewer released the K-9. Officer Satcher gave a statement to the City on March 26, 2001, immediately after the arrest and incarceration of Breland, indicating that Breland was not fully handcuffed. On March 29, Officer Satcher gave a videotaped statement indicating that Breland was fully handcuffed. Officer Satcher later went to the office of Lieutenant Pickering and to the mayor's office to notify his superiors that the videotaped statement was inaccurate. Finally, Officer Satcher testified at the criminal trial and at the civil service commission hearing that Breland was not fully handcuffed.
. At the civil service commission hearing, Officer Satcher explained why his videotaped statement was inaccurate and why he changed his story. On March 29, Officer Satcher was paged several times to come to the Laurel Police Department immediately. Two investigators and Captain Martin asked Officer Satcher to recall the dog bite incident, and Officer Satcher told them that Breland was not handcuffed at the time the dog was released. Captain Martin and the investigators accused Officer Satcher of lying. After interrogating Officer Satcher for twenty minutes, the investigators brought in a video camera. Officer Satcher, who was a criminal suspect at the time, was read his Miranda rights. By this point, Officer Satcher began to doubt whether Breland was handcuffed. Officer Satcher gave his videotaped statement in which he stated that he had placed both handcuffs on Breland. Officer Satcher testified that he was reluctant in giving this statement because he was not sure it was accurate.
. Officer Satcher was concerned that his statement on videotape was not an accurate explanation of the events leading to Breland's arrest. On March 30, Officer Breland called Lieutenant David Pickering and told him exactly what happened. Officer Satcher stated that Officer Martin's interrogations led him to give an inaccurate videotaped statement. Lieutenant Pickering told him to call Captain Eddie Ingram, who in turn contacted Chief Waterson. Officer Satcher also talked to the mayor, who refused to believe that the video statement was inaccurate because Officer Satcher did not look coerced in the video.
. Issues of credibility are to be determined by the civil service commission. Nelson v. Miss. State Bd. of Veterinary Med., 662 So. 2d 1058, 1062-63 (Miss. 1995). This Court is concerned only with the reasonableness of the administrative order. McFadden v. Miss. State Bd. of Medical Licensure, 735 So.2d 145, 152 ( ) (Miss.1999). This Court finds that the civil service commission was within its discretion in finding that Officer Satcher was a credible witness and that his version of the events that took place on March 26 and 29, 2001, were accurate.
II. WHETHER THE CIRCUIT COURT ERRED IN REVERSING THE COMMISSION'S DECISION TO DENY BACK PAY
. The civil service commission denied Brewer's request for back pay, but the circuit court reversed, finding the denial to be an abuse of discretion. The civil service hearing was initially set for May 8, 2001, approximately one month after Brewer's termination. Brewer requested that the hearing be postponed until after the criminal charges against him were adjudicated. Brewer argues that he is entitled to back pay because his criminal matter was postponed through no fault of his own.
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