This opinion addressed two separate cases filed by former
Commanders in the MPD, Hilton Burton and Robin Hoey. The Court authored one
opinion as the issues raised by the claimants were essentially identical. In
2007, Chief of Police Cathy Lanier informed Commander Hoey that he was being
returned to the position of Captain. In 2008, Chief Lanier returned Commander
Burton to the position of Inspector.
Each claimant argued that his demotion was in violation
of D.C.’s Comprehensive Merit Personnel Act, D.C. Code § 1-601.02 (b)(2001),
a statute that provides a merit-based system for selecting, evaluating, and
retaining MPD employees. The statute provides for two classes of employees:
(1) Career Service employees who generally cannot be fired, demoted, or
suspended without cause; and (2) Excepted Service officers who are at-will
employees. Both Claimants were Career Service employees and therefore
contended that they could not be demoted from the position of Commander
without cause.
The OEA, however, determined that the Chief of Police
(acting with the authority of the Mayor) was permitted to demote even Career
Service officers as long as their demotion was not to a rank below that of
Captain. The applicable statute states:
For members of the Metropolitan Police Department and
notwithstanding § 1-632.03(1)(B) [4] or any other law or regulation, the
Assistant and Deputy Chiefs of Police and inspectors shall be selected from
among the captains of the force and shall be returned to the rank of captain
when the Mayor so determines.
D.C. Code § 1-608.01.
The Claimants argued that this provision could not
apply to Career Service employees because it flies in the face of the policy
stating that such employees cannot be fired, demoted, or suspended without
cause. The Claimants argued that the language must only be applicable to
Excepted Service officers, and as such they were entitled to reinstatement
and back pay.
However, the Court of Appeals affirmed the OEA decision
stating that the express statutory language of § 1-608.01 (d-1) provided no
support for Claimant’s argument. Particularly, there was no language making
an exception for Career Service employees, and the Legislature’s use of the
phrase “notwithstanding” any other law or regulation, made clear that the
Mayor’s power to demote high ranking officials in the department superseded
the general proposition.
The Court further noted that the provision allowing for
the Mayor to return Commanders to the rank of Captain and/or Inspector still
protects Career Service employees as they cannot be terminated without cause
or demoted to any rank below that of Captain. Thereafter, the Court
determined that an elevated ranking was not a protected property right of
the individuals since it rested in the discretion of MPD as their employer.
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