Patch v. Civil Service Commission of Des Moines

295 N.W.2d 460, 1980 Iowa Sup. LEXIS 909
CourtSupreme Court of Iowa
DecidedAugust 27, 1980
DocketNo. 64265
StatusPublished
Cited by3 cases

This text of 295 N.W.2d 460 (Patch v. Civil Service Commission of Des Moines) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patch v. Civil Service Commission of Des Moines, 295 N.W.2d 460, 1980 Iowa Sup. LEXIS 909 (iowa 1980).

Opinions

McGIVERIN, Justice.

This appeal involves a determination of the propriety of injunctive relief awarded against defendants Civil Service Commission of the City of Des Moines (Commission) and the City of Des Moines. The district [462]*462court permanently enjoined these defendants from selecting police sergeants on the basis of a written examination administered on December 12, 1978. The plaintiffs, Dale Patch, Marvin Robinson, and Wayne Lun-ders, Des Moines police patrolmen, initiated this action individually and as representatives of the class of all those who took and failed the examination. They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets. The court found merit in these contentions and entered its injunction decree on October 25, 1979. The Commission and City appealed that decree to us, as did Personnel Decisions, Inc., a Minnesota corporation and developer of the test, which had intervened in the action. We reverse.

The following issues are presented for our review:

1. Whether the examination failed to comply with section 400.9(1), The Code, and ch. IV, section 1, of the Commission’s rules, which require the examination to be practical in'character, fairly test the ability of the applicant to discharge the duties of the position to which he seeks promotion, and be appropriate for the position classification involved;

2. Whether the selection by the Commission of the 49.5 percentile as a cutoff score complied with sound testing principles; and

3. Whether the post-exam evaluations substantially complied with the Commission’s rules relative to verification of accuracy of scoring.

The Commission was required under section 400.11, The Code, to compile and certify to the city council a list of ten qualified persons for promotion to police sergeant, as well as a reserve list of ten names.

In the civil service promotion process for police sergeant, the Commission used the following weighted criteria: written examination 40 percent; oral examination 40 percent; supervisory rating 10 percent; and experience rating 10 percent. Those applicants who failed to score at the 49.5 percentile level on the written examination would receive no further consideration in the other phases of the promotion process.

Seventy-one applicants took the written examination. Thirty-one achieved a percentile score of 49.5 or higher. Those persons were eligible for further consideration for promotion. The others were not.

Plaintiffs started this litigation by filing in district court a petition for temporary and permanent injunctive relief, challenging the legal validity of the examination and alleging that they and those similarly situated would be irreparably harmed if the test results were used for promotion purposes. The petition also stated that plaintiffs had filed an appeal with the Commission challenging the use of the examination.

Following a hearing, a temporary injunction was issued by the court on January 23. Thereafter, Personnel Decisions, Inc. (PDI) filed a petition of intervention, asserting an interest in the litigation as developer of the test.

On March 12 the Commission denied plaintiffs’ appeal. Plaintiffs then appealed to district court under section 400.27, The Code. That appeal and the injunction action were joined in district court. Iowa R.Civ.P. 22.

After an evidentiary trial de novo, the district court issued its findings of fact and conclusions of law. The court ruled: (1) the scoring of biographical questions on the examination was a violation of section 400.-9, The Code, and ch. IV, section 1 of the Commission’s rules because they were not “fair,” “practical,” or “appropriate” and did not relate to such matters as would fairly test the ability of the applicants to discharge the duties of the position to which they sought promotion; (2) the Commission violated ch. IV, section 1, of its rules by deciding that persons not achieving a score of the 49.5 percentile on the written examination would not be eligible for further consideration because it did not base the decision on sound testing principles; and (3) the Commission did not substantially comply with ch. IV, section 7, of its rules when [463]*463it refused to provide plaintiffs with answer sheets and the correct answers to enable them to verify the accurate grading of the test. After also finding irreparable harm and no adequate remedy at law, the court permanently enjoined the use of the written test results in the promotional process.

From this final judgment, the defendants and intervenor have appealed. The trial court’s conclusions comprise the basic issues presented by this appeal. Factual elaboration, as necessary, will be provided in addressing each issue.

I. Scope of review. Generally, appellate review of a grant or denial of injunctive relief, sounding in equity, is de novo. Iowa State Department of Health v. Hertko, 282 N.W.2d 744, 749 (Iowa 1979); Iowa R.App.P. 4. Section 400.27 allowed plaintiffs’ appeal from the Commission’s ruling to the district court. The statute provides that the “appeal shall be a trial de novo as an equitable action in the district court.”

Therefore, we conclude that our review of plaintiffs’ joined actions is de novo. Accordingly, we give weight to the fact findings of the trial court, but are not bound by them. Iowa R.App.P. 14(f)(7).

II. Validity of the examination. Section 400.9(1) provides the Commission shall “hold competitive promotional examinations . which examinations shall be practical in character, and shall relate to such matters as will fairly test the ability of the applicant to discharge the duties of the position to which he seeks promotion.” Section 400.-9(2) allows the Commission to establish guidelines for conducting the examinations and to hire persons with expertise to prepare the examination if the Commission approves the test. Chapter IV, section 1, of the Commission’s rules and regulations required that the testing method be “appropriate for the position classification involved.”

The court found that the biographical portion of the police sergeant exam violated 1 section 400.9 because it was “not practical in character” and did not relate to such matters as would “fairly test the ability of the applicants)”; and the commission’s rule was violated because that portion of the test was not “appropriate for the position.”

This written multiple-choice examination, named Police Career Index, was developed by PDI, a psychological testing firm, based on extensive research, field work and statistical analysis. PDI sold the exam to the Commission, which approved it and administered the exam to plaintiffs. The test consisted of two general parts. The first part of 357 questions had a section of 116 background or biographical information questions. Another section covered likes and dislikes. A third section involved opinion and self-description inventory. The second general part contained several questions relating to a situational judgment inventory.

The background information section of the examination included questions on family size, presence of tattoos, employment background, high school activities, and sensitivity and attitudes toward self and others.

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Related

Sieg v. CIV. SERV. COM'N OF WEST DES MOINES
342 N.W.2d 824 (Supreme Court of Iowa, 1983)
McCormack v. CIVIL SERVICE COM'N, ETC.
315 N.W.2d 855 (Court of Appeals of Iowa, 1981)
Patch v. CIV. SERV. COM'N OF CITY OF DES MOINES
295 N.W.2d 460 (Supreme Court of Iowa, 1980)

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295 N.W.2d 460, 1980 Iowa Sup. LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patch-v-civil-service-commission-of-des-moines-iowa-1980.