Johnson v. Civil Service Board of the City of Florence

627 So. 2d 950, 1993 Ala. Civ. App. LEXIS 253, 1993 WL 177875
CourtCourt of Civil Appeals of Alabama
DecidedMay 28, 1993
DocketAV92000155
StatusPublished
Cited by2 cases

This text of 627 So. 2d 950 (Johnson v. Civil Service Board of the City of Florence) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Civil Service Board of the City of Florence, 627 So. 2d 950, 1993 Ala. Civ. App. LEXIS 253, 1993 WL 177875 (Ala. Ct. App. 1993).

Opinion

ROBERTSON, Presiding Judge.

Two police officers with the City of Florence Police Department (Department) appeal from a summary judgment entered by the Circuit Court of Lauderdale County.

In 1986 the Department, with the approval of the Civil Service Board of the City of Florence (Board), implemented a pay plan for its employees, whereby persons holding the rank of police officer were to be classified according to three grades, PO-7, PO-8, and PO-9, with PO-9 being the highest paid grade within the rank. In an effort to ensure that no then-employed police officer would suffer a salary decrease due to the new pay plan, the Department provided that all officers holding the grade of PO-8 would be “grandfathered” in at that grade so that they could not in the future be demoted below this pay level. At the same time, the Department, with Board approval, implemented written job descriptions for the respective grades of police officer.

In October 1989, following numerous complaints from police officers that the criteria used by the Department in evaluating and [952]*952promoting officers were unclear and overly subjective, the Department appointed a committee to review the job descriptions for each grade and to recommend needed changes. The committee consisted of 10 persons holding the grade of PO-8 and PO-9, including officers Keith Johnson and William R. Johnson,. Jr., the appellants in this ease.

Over the next several months, the committee reviewed the Department’s job descriptions and presented its recommendations to Department management, which would assess the recommendations and carry them back to the committee for additional input. By the fall of 1990, new job descriptions had been written for each of the three grades of the Department’s police officers. Although there were no material changes in the duties, responsibilities, or authority of each grade, the qualifications for each grade were redefined.

In November 1990 the Board approved and adopted the new job descriptions. The Department formally implemented the new job descriptions in early January 1991. An orientation session was held with all sworn police officers, and the new job descriptions were reviewed and compared with the Department’s old job descriptions. Officers were informed that those officers already holding the grade of PO-9 must comply with any new requirements in October 1991, and that those wishing to advance to PO-9 would be required to meet the requirements as of that date.

Pursuant to the new job descriptions, grade PO-9 officers were required to maintain a minimum average score of 85% on the Department’s semiannual firearms shooting tests. (Prior to 1991, a PO-9 was required, by job description, to have “the ability to score above average” on the shooting test; Department records show a historical average of 84.34% for all rounds shot.) As provided by the new job descriptions, failure to maintain the shooting standard of 85% would result in a PO-9’s being placed on probation during a departmental evaluation period. If a PO-9 failed to meet the shooting requirements for two consecutive evaluation periods, he or she would be demoted to grade PO-8.

In November 1991 both appellants held the grade of PO-9. However, both failed to meet the shooting requirement of 85% on the Department’s firearms test. As a consequence, both received letters from the Department notifying them that they were on probation and that their failure to satisfy the Department’s shooting requirements at the next testing session in January 1992 would result in their being demoted to PO-8. When the appellants did not meet the required shooting standard of 85% in January, the chief of the Department demoted them to PO-8. The appellants appealed their demotions to the Board, and, following an eviden-tiary hearing, the Board approved the demotions.

Pursuant to 1971 Ala. Acts, No. 1619 (Reg. Session), the appellants appealed the Board’s decision to the circuit court for a jury trial de novo. The appellants maintained: (1) that police officers for the City of Florence may be demoted only upon being found guilty of violating a rule and regulation found in the Department’s Manual of Rules & Regulations, or in the Board’s Rules & Regulations, or upon violating the provisions of a special or general order, or upon being convicted in a court of criminal jurisdiction (see Department’s Manual of Rules & Regulations § 3.3.35.13); that the job description requiring a PO-9 to maintain an average score of 85% on the Department’s shooting test was not, in actuality, a “rule and regulation” of the Department or the Board; and that, therefore, neither the chief of the Department nor the Board had the authority to order the appellants’ demotions; (2) that even if the chief of the Department and the Board had the authority to order the demotions, the Department’s job descriptions had been selectively enforced; (3) that the Department’s pay plan and job descriptions were arbitrary, unreasonable, and discriminatory and therefore could not withstand an equal protection analysis; and (4) that pursuant to 1971 Ala. Acts, No. 1619, the question of punishment for violating a rule and regulation of the Board is a matter for the jury. The appellants consented to the consolidation of their cases on appeal.

[953]*953The Board moved to have the appeal dismissed and filed a motion for summary judgment, contending that there existed no genuine issue of material fact and that it was entitled to a judgment as matter of law. On November 4, 1992, after considering the pleadings, motions, and various accompanying affidavits and exhibits in support thereof, the trial court concluded that (1) the job description requiring a PO-9 to maintain an average score of 85% on the Department’s shooting test was a “rule and regulation” of the Board and that, therefore, the chief of the Department had authority to demote the appellants with the Board’s approval; (2) there was no evidence that the Department’s job descriptions had been selectively enforced; (3) the Department’s pay plan and job descriptions rested on some ground of difference having a fair and substantial relation to the object of regulation and, therefore, could survive attack based on equal protection; (4) the appellants were not entitled to a jury trial on the punishment to be imposed. Accordingly, the trial court entered a summary judgment in favor of the Board.

The appellants contend that the trial court erred by granting summary judgment.

Summary judgment is proper when the trial court determines that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. McMullin v. AmSouth Bank, 512 So.2d 1382 (Ala.Civ.App.1987). To prevent summary judgment after the movant has produced evidence of a prima facie right to a judgment as a matter of law, the opposing party must show, by admissible evidence, the existence of a genuine issue of material fact. Id. A party may not rely on the allegations of its pleadings alone to support or oppose a motion for summary judgment, but must instead provide the court with at least one of the kinds of evidence called for by Rule 56, A.R.Civ.P. Crowder v. Correctional Medical Systems, 497 So.2d 486 (Ala.1986).

With the above-cited principles in mind, we have carefully reviewed the entire record in the light most favorable to the appellants, Mann v. City of Tallassee,

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627 So. 2d 950, 1993 Ala. Civ. App. LEXIS 253, 1993 WL 177875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-civil-service-board-of-the-city-of-florence-alacivapp-1993.