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Hauck v. City of Indianapolis

Court of Appeals of Indiana

September 24, 2014

ALBERT L. HAUCK and MARK WOOD, Appellants-Plaintiffs,
v.
CITY OF INDIANAPOLIS, Appellee-Defendant

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Cynthia J. Ayers, Judge. Cause No. 49D04-1205-PL-18087.

ATTORNEYS FOR APPELLANTS: JOHN F. KAUTZMAN, M. ELIZABETH BEMIS, JOHN A. HENRY, Ruckelshaus Kautzman Blackwell, Bemis & Hasbrook, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: AMEEN R. NAJJAR, Office of Corporation Counsel, Indianapolis, Indiana.

BROWN, Judge. BARNES, J., and BRADFORD, J., concur.

OPINION

Page 1008

BROWN, Judge

Albert L. Hauck and Mark Wood appeal the trial court's order granting summary judgment in favor of the City of Indianapolis (the " City" ). Hauck and Wood raise three issues, which we revise and restate as whether the court erred in entering summary judgment in favor of the City and against them. We affirm.

FACTS AND PROCEDURAL HISTORY

In 2006, the Indianapolis Metropolitan Police Department (the " IMPD" ) was created as the result of the consolidation of the Indianapolis Police Department (the " IPD" ) and the Marion County Sheriff's Department (the " MCSD" ). At the time of the consolidation, there were approximately 1,235 IPD officers and 398 MCSD deputies. Hauck and Wood were former MCSD deputies and are now IMPD officers.

The Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana, Title I, Chapter 279, governs the IMPD. Revised Code § 279-103(f) provides:

The chief,[1] with the approval of the director of the department of public safety, shall endeavor to assign and maintain members of the department in a manner to achieve the goal of proportional representation of former police officers and sheriff's deputies throughout the divisions and appointed ranks of

Page 1009

the department, including disciplinary board of captains appointments provided in subsection 279-237(j), through December 31, 2010.

Revised Code § 279-104(b) provides:

For the period from January 1, 2007, through December 31, 2010, the chief, with the approval of the merit board, shall endeavor to promote members of the department in a manner to achieve the goal of proportional representation of former police officers and sheriff's deputies throughout the divisions and appointed ranks of the department.

In 2008, the IMPD conducted a promotional process for the ranks of sergeant, lieutenant, and captain, and Hauck and Wood signed up to participate in the promotional process for the rank of captain. The promotional processes are typically offered every two or three years. As a part of the 2008 promotional process for captain, candidates were assessed upon a number of components which were assigned various weights or points. Candidates for the promotional process for the rank of captain were given an information booklet which described the process, the various components, required reading materials, review and appeals procedures, and the due dates of the testing events. The components of the promotion process included a multiple-choice examination, an oral interview, assessment exercises, writing exercises, time in service, time in rank, education, and military service. The highest possible score for the promotion process was 100 points, and candidates could lose points for prior disciplinary and attendance issues.

On or about July 2, 2008, the 2008 captains promotional list was certified by the IMPD Merit Board. The list contained the names of those persons eligible for promotion to captain. The list included the names of twenty-one candidates who were ranked based upon their total scores, which ranged from 78.82 for the candidate who placed in the first position to 60.35 for the candidate who placed in the twenty-first position. Wood placed in the tenth position on the promotional list with a total score of 69.92, and Hauck placed in the thirteenth position on the list with a total score of 68.48. Of the twenty-one candidates named on the promotional list, four were former members of the MCSD. Hauck and Wood were the highest scoring former MCSD members on the promotional list.[2] The 2008 captains promotional list was to remain in effect for thirty months.

At the request of the Chief of Police and as approved by the merit board, the candidate in the first position on the promotional list was promoted to captain in September 2008, the candidate in the second position on the list was promoted to captain in October 2010, and the candidates in the third, fourth, and fifth positions on the list were promoted to captain in ...


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