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STATE OF MICHIGAN
COURT OF APPEALS


JAMES J. LAMBERT, Plaintiff-Appellee, v POLICE & FIRE CIVIL SERVICE COMMISSION, TOWNSHIP OF SHELBY and JAMES H. VAN HEVEL, Defendants-Appellants.

UNPUBLISHED July 26, 1996

No. 177378 LC No. 94-002771

Before: White, P.J., and Fitzgerald and E.M. Thomas, *JJ. PER CURIAM. Defendants appeal an order of superintending control requiring that plaintiff be permitted to take a promotional examination. We reverse. Plaintiff has been a uniform sergeant with the Shelby Township Police Department (the department) since January 20, 1993. Defendant Police & Fire Civil Service Commission (the commission) is an administrative agency having the authority to operate the civil service system for the hiring and promotion of m embers of the department. Defendant James H. Van Hevel is the Shelby Township Supervisor and is responsible for initiating promotions in the department. On January 20, 1994, the commission gave written notice that it was establishing an eligibility list for department members seeking promotion to the rank of lieutenant. The announcement stated that applications would be accepted through June 1, 1994 from those members who met the eligibility requirements, and that the written portion of the examination w ould be held on July 11, 1994. The eligibility list then in place would expire on June 10, 1994. At the time, there was no vacant lieutenant position, nor was a vacancy anticipated.

* Circuit judge, sitting on the Court of Appeals by assignment. -1

Plaintiff had not completed two years of service in the rank of sergeant as of June 1, 1994, but was to complete his two years on January 19, 1995. On February 2, 1994, plaintiff wrote the commission requesting that the examination be postponed until after January 20, 1995, when plaintiff would meet the required two years in grade and be eligible to take the examination.1 Plaintiff appeared before the commission on March 9, 1994. The commission meeting minutes reflect substantial discussion of plaintiff's request, followed by a motion to request a legal opinion from the township attorney addressing two issues: "1) setting a precedent by approving Sergeant Lambert's request; and 2) what ramifications would result from granting the request." The motion passed, and plaintiff's request was tabled until the April commission meeting. At the commission meeting on April 13, 1994, the township's attorney provided commission members with a copy of his opinion and the most current version of Act 78. He opined, in short, that should the commission approve plaintiff's request to postpone the examination, it would be in violation of both the collective bargaining agreement, article 8,

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Michigan Law