Hill v. City of Winona

454 N.W.2d 659, 139 L.R.R.M. (BNA) 2971, 1990 Minn. App. LEXIS 443, 1990 WL 57616
CourtCourt of Appeals of Minnesota
DecidedMay 8, 1990
DocketC0-89-1970
StatusPublished
Cited by4 cases

This text of 454 N.W.2d 659 (Hill v. City of Winona) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. City of Winona, 454 N.W.2d 659, 139 L.R.R.M. (BNA) 2971, 1990 Minn. App. LEXIS 443, 1990 WL 57616 (Mich. Ct. App. 1990).

Opinions

OPINION

CRIPPEN, Judge.

Appellant, an officer and twenty-five year veteran of the Winona Police Department, sought to enjoin enforcement of his chief's order that he submit to a current psychological examination. The chief acted on his statement of concerns about appellant’s behavior, but the city refused to permit grievance procedures on the chiefs action. Although the trial court ordered grievance process after this appeal was commenced, we have before us its earlier decision to require grievance procedures only on the issue of selecting an evaluating clinician. On the appeal from the prior decision, we require modification to provide for grievance process on singling out appellant to undergo the exam.

FACTS

In April 1988, the Winona police chief asked agents of the Minnesota Bureau of Criminal Apprehension to investigate reports that appellant’s kindnesses to three young male offenders had involved overly-close relationships that prompted concern of a social worker and some others. The agents interviewed appellant and his wife, all three boys, mothers of two of the boys, and two people who had done police work with appellant in the past.

On May 16,1988, the state agents reported having found no evidence that appellant had inappropriately touched the three boys. The two - mothers believed appellant had never sexually abused their children. One former officer reported that she had suspected for many years that appellant had sexual contacts with young boys, but she knew of no real incidents of abuse. Another officer remembered rumors over the years about appellant’s relationships with boys, and he recalled a report about fifteen years earlier that appellant had kissed one or two boys. Appellant admitted his activities raised red flags suggesting potential sexual abuse, but he said he had not had sexual involvement with any children.

The chief discussed the investigation with appellant on May 19. He concluded only that appellant’s favors for the boys and their families had violated several rules on handling information and on use of an official position.

Three weeks later, on June 10, 1988, the chief told appellant he continued to have concerns about appellant’s relationship with young boys, and he ordered appellant to undergo a psychological examination. The chief told appellant he would be suspended if he refused to be examined. The chief’s policy requires that information gathered in the exam be reported to the employer. Appellant refused the examination.

The trial court issued its first order in appellant’s injunction suit in July 1988. As clarified in a September 1989 order, the court issued an injunction, but required grievance procedures only on the question of selecting a psychologist to conduct the ordered examination. This appeal was commenced after the court failed to order grievance procedures concerning the decision that appellant’s present fitness was suspect such that he should be ordered to undergo a current psychological exam. Based on appellant’s concurrent motion for further clarification of the trial court’s order, the court acted again after its jurisdiction on the subject matter was lost; on January 20, 1990, the court ordered the city to act on appellant’s grievance of his selection for testing.

ISSUE

Is grievance process required by law on the public employer’s determination of cause to question an individual employee’s fitness, and the employer’s resulting order for a current psychological examination?

ANALYSIS

We do not have before us the usual exercise of trial court discretion on multiple factors governing the request for an injunction. Rather, the issue on appeal goes singularly to one of those factors, the trial [661]*661court’s conclusion on the merits of appellant’s claim for rights under public employment labor law. Appellate review under the Public Employee Labor Relations Act, Minn.Stat. §§ 179A.01 — 179A.30 (1988), is not bound by the trial court’s conclusions. Minneapolis Fed’n of Teachers, Local 59 v. Minneapolis Special School Dist. No. 1, 258 N.W.2d 802, 804 (Minn.1977).

Appellant contends that the trial court’s initial error in restricting the scope of a grievance procedure was enlarged by the court’s failure to directly decide whether the Winona police department actually had a policy for investigative exams, and the court’s failure to identify the details of the policy. Respondent correctly observes, however, that the court's order implies acceptance of the city’s claim that the issue was governed by an unwritten policy, and its further claim that the policy was reasonably applied in selecting appellant for an examination. The city does not claim the prerogative to select an individual to be psychologically examined for no reason at all.1 As argued in the city’s brief to this court, the trial court impliedly found the city had a policy for testing and “reason” to order appellant to submit to an exam. The issue at hand is whether the soundness of this reason is to be tested in grievance proceedings or only in judicial attacks typified by the process employed here.2

1. Policy impact on working conditions. Fundamentally, the issue here is shaped by the legislative determination that public employee grievances on “terms and conditions of employment,” including “all disciplinary actions,” are to be resolved by binding arbitration. Minn.Stat. § 179A.20, subd. 4 (Supp.1989).3 See Minn.Stat. § 179A.03, subd. 19 (1988) (“terms and conditions of employment” includes all personnel policies affecting working conditions of employees); see also Minn.Stat. § 179A.06, subd. 5 (1988), and § 179A.07, subd. 2 (1988) (obligation of public employers to negotiate terms and conditions of employments); University Educ. Ass’n v. Regents of the Univ. of Minnesota, 353 N.W.2d 534, 538 (Minn.1984) (scope of mandatory bargaining to be broadly construed to promote “resolving labor disputes through negotiation”). We find little room to doubt that appellant’s working conditions are materially affected by the mandate that he undergo an investigative psychological examination.

Respondent contends that its policy has no impact on conditions of employment until a disciplinary sanction is imposed. The city similarly argued to the trial court that a grievance procedure on the disciplinary sanction would permit appellant an adequate remedy without prior grievance procedure on the order for an examination. The trial court rejected these contentions, and its rationale has merit. Later disciplinary proceedings based on results of a completed exam may not deal with reasons for compelling the examination. In addition, as the trial court observed, the city has conceded the psychological examination [662]*662may lead to discharge of appellant; thus, as the court concluded, it is evident that the exam itself could have “profound impact” on appellant’s employment. Moreover, the city’s contention requires the untenable judgment that an investigative psychological examination is itself only an innocuous experience for public employees, or at least for those occupying law enforcement positions.

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Hill v. City of Winona
454 N.W.2d 659 (Court of Appeals of Minnesota, 1990)

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Bluebook (online)
454 N.W.2d 659, 139 L.R.R.M. (BNA) 2971, 1990 Minn. App. LEXIS 443, 1990 WL 57616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-city-of-winona-minnctapp-1990.