IDAHO FALLS, Idaho (AP) - A judge has blocked an attempt by the city of Idaho Falls to have a lawsuit filed by several police officers thrown out.
Seven officers say police Chief Mark McBride didn’t follow the rules set up to govern hiring, firing and disciplinary procedures for police and firefighters.
Judge Alan Stephens signed an order allowing the case to proceed in mid-December. That order was not noted in court records or sent to attorneys until Stephens learned that attorneys on both sides were unaware of the decision, The Post Register reported Wednesday (https://bit.ly/2mn6GJz).
The lawsuit accuses McBride of violating the city’s Civil Service Rules by removing two officers who earned top marks on the civil service exam from the promotion list. It also alleges that three other officers were unlawfully passed over for promotion.
In December, the city called on Stephens to declare the rules unconstitutional due to an apparent conflict between the rules and state code.
Assistant City Attorney Michael Kirkham argued that Stephens should throw out the rules and lift an injunction that has prevented the Idaho Falls Police Department from promoting officers to leadership ranks.
Department spokeswoman Joelyn Hansen said there will soon be two captain positions vacant when Capt. Darren Cook retires next week. There will also be a lieutenant position and two sergeant positions that can’t be filled because of the injunction.
Stephens determined that part of the Civil Service Rules were unconstitutional, but allowed the rest of the rules to stand. He ruled that the city should obey state code rather than the rules in that narrow instance and the rest of the rules should remain.
He refused to lift the promotions injunction and is allowing the officers’ case to move forward.
“(Stephens’ ruling) comports with our understanding of how the law works,” said Dennis Wilkinson, the attorney representing the seven officers.
Kirkham declined to comment on the pending litigation.
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Information from: Post Register, https://www.postregister.com
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