Etzler v. Brown

Citations

• 58 Fla. 221

Syllabus

<p>1. Mandamus is tbe proper proceeding to test the validity of the action of a city council in expelling from office a member of the councjl. In such an action the court will consider the entire proceeding of the council, including the issues in effect made and the testimony taken before the council as shown by the alternative writ. If the proceedings were illegal or fatally defective or if the testimony wholly fails to support the charges made, the court will order the officer restored.</p> <p>2. Where no particular procedure is prescribed by which a city council may exercise its power to expel an officer of the city, such proceedings should be had as will give the person charged an opportunity to be heard in defense of any charges made against him for which he may be expelled. If the charges made warrant expulsion, and’ there is legal evidence in support of the charges, and the person has had reasonable opportunity to defend, action taken by the requisite vote of the council in expelling a member of the council will not be disturbed by mandamus proceedings.</p> <p>3. One entrusted with official power, who violates his public obligation and betrays his official trust by selling his official influence or vote in a body of which he is a member, is guilty of malconduct in office.</p> <p>4. Malconduct in office, like misconduct in office, includes such acts as amount to a breach of the good faith and right action that are impliedly required of all officers.</p> <p>5. In expelling a member of its body a city council does not convict of a crime and it is not essential that the strict rules of criminal procedure be observed. Where no injury appears to have been done an expelled officer it is not necessarily illegal for the council while in executive session considering the action to. be taken, to receive and read reports of a detective used in the case, when the action taken was publicly done and duly recorded.</p> <p>6. A charge that in effect alleges that a member of a