Myers v. Garmire, 76-1518
| Decision Date | 06 December 1977 |
| Docket Number | No. 76-1518,76-1518 |
| Citation | 353 So.2d 586 |
| Parties | Robert H. MYERS, Jr., et al., Appellants, v. Bernard L. GARMIRE, etc., et al., Appellees. |
| Court | Florida District Court of Appeals |
George F. Knox, Jr., City Atty., and S. R. Sterbenz, Asst. City Atty., for appellees.
Before HAVERFIELD, HUBBART and KEHOE, JJ.
Petitioners, members of the City of Miami Police department, appeal a final judgment in favor of the City of Miami police chief, the City manager, and executive secretary of the civil service board in an action seeking to enjoin the abolishment of an eligible register containing certain grandfathered promotional positions and requiring the City manager to promote petitioners to the rank of sergeant by filling these grandfathered positions from the register.
Prior to 1963 the City of Miami police department personnel was divided into two categories, uniform and detective, with separate promotional lists and separate positions (or ranks) as follows:
Uniform Division Detective Bureau
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1. Police Officer
2. Police Officer First Class
3. Sergeant Detective
4. Lieutenant Detective Sergeant
5. Captain Detective Lieutenant
6. Inspector Detective Captain
A police officer desiring to advance in rank had to make a choice whether to pursue his career in the uniform or detective section. The officer would then take the promotional examination for the section of his choice and upon passing the examination, his name and score would be placed upon the eligible register for promotion. The officer could not be transferred or interchanged to another section unless he consented. In 1974 the City replaced this procedure with a single eligible register containing only the ranks of sergeant, lieutenant and captain. Further, when a police officer on the eligible register was promoted to sergeant he could be interchanged between the uniform and detective sections. Petitioners contend that as a result of an agreement between the City attorney's office, the City manager and chief of police, no rank would be lost that was in being prior to 1963; thus, those reputive detective positions being held at the time by the police personnel in the detective bureau were "grandfathered in". The agreement further provided that there would be no reduction in the number of sergeants. The so-called "grandfathered detective positions" is the crux of this controversy. It appears from the record that after these grandfathered detective positions were vacated by the original personnel (either through...
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...A.D.2d 269, 315 N.Y.S.2d 958, 961 (1970). We will not interfere with the City's action unless a legal duty is shown. Myers v. Garmire, 353 So.2d 586, 588 (Fla.App.1978). The City Manager had sole discretion in making promotions. Even if Tetreau had been promptly removed, Rutherford had no c......
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