Sunday, November 12, 2017

28. Give Fair Hearings For Police Promotions.

The Supreme Court ruled that Richfield Police Officer Greg Peterson deserved a fair hearing on his request for a promotion because he had been denied a review based on his test scores and a review of records of his efficiency, character, conduct, and seniority.  See here.


2015-061*           Greg Peterson, Appellant, vs. Richfield Civil Service Commission, et al., Respondents.

Appellant, Richfield Police Officer Greg Peterson, filed a petition for writ of certiorari with the Minnesota Court of Appeals after he was denied a promotion based on the results of a civil service test conducted by respondent Richfield Police and Fire Civil Service Commission (Commission).  Peterson claimed that the Commission violated Minn. Stat. § 419.06(9) (2014) by failing to review “records of efficiency, character, conduct and seniority” as part of the Commission’s promotional process. 

The court of appeals affirmed, concluding that the Commission satisfied the statute’s “records”
requirement.  For the reasons discussed below, we reverse and remand for further proceedings consistent with this opinion
HELD:  The Supreme Court ordered a fair hearing for Peterson.  "The court of appeals erred by determining that the term “records” under state law includes only a candidate’s interview responses at the time the candidate is applying for a promotion.  Reversed and remanded."

Page (Gildea, Anderson, Dietzen, Stras, Wright, and Lillehaug)     A13-2337,

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