Court Backs Suspension for ‘Kiss My Ass’ Remark | Courthouse News Service
Wednesday, November 29, 2023
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Wednesday, November 29, 2023 | Back issues
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Court Backs Suspension for ‘Kiss My Ass’ Remark

(CN) - A city inspector was properly suspended for telling a customer to "kiss (his) ass" over the city radio system, the Mississippi Court of Appeals ruled.

Rondell Young, a building-code enforcement administrator in Biloxi, was suspended for three days as a result of the incident. Young was dealing with customers live and on the phone when clerk Caryle Draper asked him over the radio system if he would perform an inspection that day.

"(Young) said he did not know when he was going to get to it and that if they didn't like it, they could kiss his ass," Draper testified.

Young sued to overturn his suspension, but the trial court sided with the city.

On appeal, Young argued that he was actually suspended as retaliation for disputes with his supervisor, community development director Jerry Creel. According to Young, Creel called him "unprofessional and immature" in a memo for allegedly writing "disrespectful memos."

The appeals court ruled that the suspension was based on Draper's credible testimony.

"Draper testified that she was sure she heard Young's comment correctly," Judge Joe Lee wrote. "We find that sufficient evidence was presented for the (Biloxi Civil Service) Commission to find that it was Young's inappropriate comment, not the memoranda, that led to the suspension."

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