AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Rule Making

     Missouri appellate court strikes down a procedure where a board of police commissioners requires disciplinary hearings to be heard by a hearing officer. Delegation of quasi-judicial functions must be specifically authorized by statute. State ex rel. McGull v. St. Louis Bd. of Police Cmsnrs., #ED85838, 178 S.W.3d 719; 2005 Mo. App. Lexis 1629 (2005). [2006 FP May]
     The Secretary of Labor has the authority to delegate his authority to inferior decision-makers, without violating the Appointments Clause of the Constitution [Art. 2, Sec. 2, Clause 2]. Willy v. Admin. Review Board, #4-60347, 423 F.3d 483, 23 IER Cases (BNA) 554, 2005 U.S. App. Lexis 18318 (5th Cir. 2005). {N/R}
     NLRB Counsel issues guidance on drafting notices using plain language. Office of the NLRB General Counsel Memorandum OM 02-43 (Mar. 11, 2002). [2002 FP Jun]
     Police operations manual, never “adopted” by the city council, did not create any new rights to continued employment. Graham v. City of Okla. City, 679 F.Supp. 1017 (W.D. Okla. 1986; reported in 1988).
     Order of chief to firefighter to shave beard was not binding because facial hair regulation was not adopted by board. Ittig v. Huntington Manor Fire Dept., 463 N.Y.S.2d 870 (A.D. 1983)
     Fire and police commissions must have specific rulemaking authority by statute, and where chief has authority to enact rules, he can legally challenge a board rule. Breier v. Balen, 338 N.W.2d 304 (Wis. App. 1983).
     Article, “A Proposal for a Statewide Law Enforcement Administrative Law Council,” by Wayne W. Schmidt, at 2 (3) Jour. of Police Sci. & Admin. 330-338 (Northw. Univ. Sch. of Law, 1974).

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