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).