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Todd v. Kelley3/10/2000
#3 of the Police Manual, entitled "Hiring New Personnel and Promotions," states:
"City policy prescribes that the Mayor is the final hiring authority. The Chief of Police will make a written recommendation to the Mayor for the filling of all departmental positions contingent on satisfactory completion of a medical examination and drug screen. An interview of the applicant by the
Mayor will be scheduled, if requested." Thus, it is clear that the mayor has the final policymaking authority with respect to the hiring of all city employees. Whether the mayor has the final policymaking authority with respect to the firing of city employees and, in particular, to the firing of city police officers, is not as clear. Police officers employed by the City are merit employees and can be dismissed only for cause.
Section 5.01 of the Police Manual, relating to disciplinary action against police officers, states:
"A member of the Department found guilty of violating a rule or regulation, or any of the provisions of general or special order, or upon conviction in a Court having a criminal jurisdiction, of any one of the following listed offenses, shall be subjected to reprimand, suspension, or termination or suffer such other disciplinary action as the Chief of Police may impose." (Emphasis added.)
Chapter IX, Section 10.B., of the Personnel Rules, relating to disciplinary actions, states:
"B. In some cases it may be necessary for a person higher in the `supervisory chain' [than a supervisor or department head] to discipline an employee one or more steps below him or her. In such an event it may be necessary for action to be taken against the employee's supervisor as well." (Emphasis added.)
Section 5.01 of the Police Manual indicates that the chief of police, as head of the police department, is responsible for disciplinary actions (including termination) regarding city police officers. However, Chapter IX, Section 10.B., of the Personnel Rules appears to state an exception to the general rule that supervisors and department heads are responsible for disciplining the employees in their respective departments. Section 10.B. apparently imparts to someone higher in the "supervisory chain" of command than a supervisor or department head the authority to discipline the employees in that department. Thus, although § 5.01 of the Police Manual indicates that the chief of police has the final policymaking authority with respect to firing police officers, § 10.B. of the Personnel Rules suggests that a higher official, such as the mayor, has equivalent authority.
The mayor and the police chief apparently believed that the mayor's authority to hire and fire police officers was superior to that of the police chief and was final. In deposition testimony, Mayor Kelley stated that he "make the final decision on hiring and ... firing" of all city employees.
Chief of Police Bradley testified by deposition:
"Q. ... hy was Officer Todd not notified in writing as to the reason for his dismissal?
"A. I have no idea, sir.
"Q. You made the termination didn't you?
"A. No, sir, I did not.
"Q. Who made the termination?
"A. The mayor.
"Q. Did the mayor advise you in advance that the termination was going to be made?
"A. No, sir.
"Q. Aren't you the person responsible for supervision of the police officers?
"A. Yes, sir.
"Q. Is it the mayor's responsibility to be discharging employees over whom you are the primary supervisor?
"....
"A. Yes.
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