Seattle Police Officers Guild v. City of Seattle

• Citation: 151 Wash.2d 823,92 P.3d 243
• Decision Date: 24 June 2004
• Docket Number: No. 73202-7.,73202-7.
• Parties: SEATTLE POLICE OFFICERS GUILD, a Washington nonprofit corporation; Sam Hurst, James P. Scott, Baron Bakiano, Lee Lamb, and William Moran, Plaintiffs, Dennis P. Ramm, Tim D. Greeley, and Keith Swank, Petitioners, v. The CITY OF SEATTLE, a municipal corporation, City of Seattle Public Safety Civil Service Commission and Norm Stamper, Chief of Police of Seattle Police Department, Respondents.
• Court: Washington Supreme Court

92 P.3d 243

151 Wash.2d 823

SEATTLE POLICE OFFICERS GUILD, a Washington nonprofit corporation; Sam Hurst, James P. Scott, Baron Bakiano, Lee Lamb, and William Moran, Plaintiffs, Dennis P. Ramm, Tim D. Greeley, and Keith Swank, Petitioners, v. The CITY OF SEATTLE, a municipal corporation, City of Seattle Public Safety Civil Service Commission and Norm Stamper, Chief of Police of Seattle Police Department, Respondents.

No. 73202-7.

Supreme Court of Washington, En Banc.

Argued September 11, 2003.

Decided June 24, 2004.

William Michael Taylor, Lake Forest Park, Jason Harold Grover, Bellevue, for petitioners.

Paul Andrew Olsen, Atty. Gen., of WA/UW Division, Frederick E. Wollett, Seattle, for respondents.

BRIDGE, J.

In Seattle Police Officers Guild v. City of Seattle, 113 Wash.App. 431, 439, 53 P.3d 1036 (2002), the Court of Appeals held that the city of Seattle's (City) practice of certifying five police officers with the highest civil service exam scores for promotional opportunities substantially accomplishes the purpose of chapter 41.12 RCW to provide for promotions on the basis of merit. Dennis Ramm, Tim Greeley, and Keith Swank seek reversal, arguing that the City's practice of certifying five police officers for promotional opportunities gives the chief of police (Chief) too much discretion contrary to chapter 41.12 RCW's purpose of providing for promotion on the basis of merit. We agree with the Court of Appeals and affirm.

I

In 1937, chapter 41.12 RCW established a "prototype" civil service system for city police departments and also authorized cities to enact civil service systems provided that the systems "substantially accomplish the purpose" of chapter 41.12 RCW. RCW 41.12.010. Pursuant to that authority, the City enacted an ordinance in 1978 that created a civil service system for officers in the police and fire departments. City of Seattle Ordinance 107791 (1978), codified as Seattle Municipal Code (SMC), chapter 4.08.¹ This ordinance also created the City's Public Safety Civil Service Commission (PSCSC) and authorized it to develop rules for administration of the civil service system that governs the City's police and fire departments. Former SMC 4.08.070(A).

The City's 1978 civil service ordinance requires police officers to take a civil service examination in order to determine their eligibility for promotions. Former SMC 4.08.070(C); PSCSC Rule 9. The PSCSC creates, administers, and grades the civil service examination and establishes a promotional register that consists of all eligible candidates in rank order according to their performance on the exam. Former SMC 4.08.070(C).

To fill a position for sergeant, lieutenant, or captain, the Chief makes a "request for certification" to the PSCSC. PSCSC Rule 11.03. The request identifies the title of the available position and the number of positions available. Id. The PSCSC then provides the Chief with a "certification" list of candidates for his selection. PSCSC Rule 11.05.

The number of candidates on the certification list is dependent upon the number of positions available. Former SMC 4.08.070(F). If only one position is available, the PSCSC certifies the "the names of candidates in the top twenty-five (25) percent of the eligible register, or the top five (5) candidates, whichever number is larger" ("rule of five or 25 percent"). Former SMC 4.08.070(F); PSCSC Rule 11.05(c)(1). If multiple positions are available, the PSCSC adds an additional candidate for each available position. Id.

After receipt of the PSCSC certification list, the Chief may choose to promote any of the officers on the list regardless of the officers' ranking but may not promote outside of the list. Former SMC 4.08.070(F); SMC 4.08.110(A). The Chief at the time of these challenged promotions was Norm Stamper (Chief Stamper). He admitted that he viewed the list as "horizontal," and sometimes made promotions to officers ranked lower on the list. Clerk's Papers (CP) at 136. Further, Chief Stamper stated that he "[did] not accord weight or consideration to any element of the civil service score after he receive[d] the certification." Id. Instead, he looked for leadership qualities, community involvement, work history, disciplinary history, records of internal investigations, training, and past assignments when making his decisions to promote candidates.² CP at 127.

Petitioner Ramm took the civil service promotional exam for police lieutenant on March 18, 1995. Ramm passed the exam and ranked number six on the promotional register. Chief Stamper made five certification requests during the period of 1995-97 to fill 12 lieutenant vacancies. CP at 456-60, 240. He promoted seven sergeants with a lower rank on the promotional register. CP at 76, 563-65. Ramm never learned why Chief Stamper decided not to promote him even after contacting Chief Stamper twice and contacting Chief Stamper's assistant chief three times. CP at 76.

Petitioner Greeley took the civil service promotional exam for police sergeant on August 26, 1995. Greeley passed the exam and was ranked number five on the promotional register. Chief Stamper made seven certification requests during the period of 1995-97 to fill 35 sergeant vacancies. CP at 478-84, 240. He promoted 26 officers with a lower rank on the promotional register. CP at 83, 563-65. Greeley never learned why Chief Stamper decided not to promote him even after contacting Chief Stamper, Chief Stamper's assistant chiefs, and the director of community policing. CP at 84.

Petitioner Swank took the civil service promotional exam for police sergeant on August 23, 1997. Swank passed the exam and was ranked number 20 on the promotional register. Chief Stamper made 12 certification requests during the period of 1997-2000 to fill 39 sergeant vacancies. CP at 519-30, 240. He promoted 18 officers with a lower rank on the promotional register. CP at 80, 566-68. Swank never learned why Chief Stamper decided not to promote him even after contacting Chief Stamper and his precinct commander. CP at 81.

In July 1999, the Seattle Police Officers Guild (Guild) filed suit against the City, PSCSC and Chief Stamper alleging that the City's system of promotion under the "rule of five or 25 percent" failed to substantially accomplish the purpose of chapter 41.12 RCW. CP at 727. Eight Seattle Police Department officers, including the three petitioners, intervened alleging that the City improperly passed them over for promotion. CP at 31, 67, 775, 783, 802. The intervening officers requested injunctive and declaratory relief as well as damages for the City's alleged failure to award promotions. CP at 70-71.

The Guild stipulated to a dismissal of its action against the City after reaching a settlement. CP at 713, 249. The City and the intervening officers filed cross motions for summary judgment.³ CP at 220, 848. The trial court granted the City's motion for summary judgment against the intervening officers and dismissed the officers' claims finding that the City's certification procedures substantially accomplished the purposes of chapter 41.12 RCW. CP at 717. Ramm, Greeley, and Swank (hereinafter Ramm) appealed to Division One of the Court of Appeals.

The Court of Appeals considered Ramm's claim that the City's certification procedures failed to comply with RCW 41.12.010. Seattle Police Officers Guild, 113 Wash.App. at 438-39,53 P.3d 1036. The court concluded that the City's certification of the top five performers substantially accomplishes the purpose of chapter 41.12 RCW but that the certification of the top 25 percent did not.⁴Id. at 439-40, 53 P.3d 1036. The court then severed that portion of the ordinance permitting certification of 25 percent of the promotional register and upheld the trial court's dismissal of the officers' claims.⁵Id. at 440, 53 P.3d 1036. Ramm petitioned for review to this court.⁶

II

Our review of an appeal of a grant or denial of a motion for summary judgment is de novo, and we engage in the same inquiry as the trial court. Benjamin v. Wash. State Bar Ass'n, 138 Wash.2d 506, 515, 980 P.2d 742 (1999); Clements v. Travelers Indem. Co., 121 Wash.2d 243, 249, 850 P.2d 1298 (1993). We will affirm summary judgment if no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law. Clements, 121 Wash.2d at 249, 850 P.2d 1298. A material fact exists when the outcome of the litigation depends on its resolution. Id. We resolve all reasonable inferences against the moving party and will grant the motion if reasonable persons could reach but one conclusion. Id.; Ellis v. City of Seattle, 142 Wash.2d 450, 458, 13 P.3d 1065 (2000).

III Validity of the City's Certification Procedure

In 1937, the legislature created a civil service system for city police departments to achieve the following purposes:

(1) provide for promotion on the basis of merit, (2) give police officers tenure, and (3) provide for a civil service commission to administer the system and to investigate, by public hearing, removals, suspensions, demotions, and discharges by the appointing power to determine whether such action was or was not made for political or religious reasons and whether it was or was not made in good faith for cause.[⁷]

Reynolds v. Kirkland Police Comm'n, 62 Wash.2d 720, 725, 384 P.2d 819 (1963) (emphasis added). Civil service systems were enacted to eliminate the practice of favoritism by state and city officials. See City of Yakima v. Int'l Ass'n of Fire Fighters, AFL-CIO, Local 469, 117 Wash.2d 655, 664, 818 P.2d 1076 (1991)

("[i]n essence, the civil service system was designed to replace the spoils system with a merit system"); see also Gogerty v. Dep't of Insts., 71 Wash.2d 1, 4-5, 426 P.2d 476 (1967) ("[t]his declared purpose is clearly within the traditional principle of the merit system of public employment, i.e. the delimitation or elimination of the spoils system"). We have explained that a merit...