After a removal by a village council, an Illinois police chief is entitled to be restored to his prior rank before the promotion to chief. Szewczyk v. Bd. of Fire and Police Cmsnrs. of Richmond, #2-06-1163, 2008 Ill. App. Lexis 19 (2nd Dist.).
     Federal court refuses to dismiss a whistleblower action filed by a former police chief; his position was abolished by ordinance, he was reduced to lieutenant with no pay loss, and a public safety director assumed his administrative duties. "We cannot say as a matter of law that no reasonable jury could find that the actions taken in eliminating the position of chief of police ... did not amount to a wrongful intentional act or a wanton and willful disregard of [the plaintiff's] rights." The New Jersey whistleblower law allows a jury to award punitive damages. Ragan v. Fuentes, #1:05-cv-02825, 2007 U.S. Dist. Lexis 72605 (D.N.J.).
     N.Y. court determines that the act of reclassifying all other fire captains as deputy chiefs except the plaintiff, a disabled captain, was actually an unlawful demotion. Gresis v. Fairview Fire Dist., #06-22250, 2007 NY Slip Op 27018, 2007 N.Y. Misc. Lexis 122 (Sup. Westchester Co. 2007). [N/R]
     Arbitrator confirms a demotion from sergeant to patrol officer after the grievant failed to report that he struck a curb with his cruiser. His recent disciplinary record consisted of one suspension and five written reprimands, which was more than the entire police force combined. Instead of competently supervising others, the grievant was in need of close supervision. City of Richmond Heights and FOP L-57, 123 LA (BNA) 232 (Lalka, 2006). [N/R]
     New Mexico Supreme Court upholds the demotion of a police lieutenant. There was evidence that he lacked the experience, skill, and knowledge to be a watch commander and that he demonstrated poor judgment in handling a report during the first critical hours of the case. Archuleta v. Santa Fe Police Dept., #28,630, 137 N.M. 161, 108 P.3d 101, 2005-NMSC-006 (2005). {N/R}
     Involuntary transfer of a GS-6 firefighter to a GS-6 pharmacy technician was not a demotion, even though the reassignment resulted in less pay because of hours scheduled and overtime. Beckman v. Dept. of Veterans Affairs, #04-3291, 2005 U.S. App. Lexis 9207 (Fed. Cir. 2005). {N/R}
     Florida appellate court holds that a probationary lieutenant, who was reduced to sergeant for inadequate performance was not entitled to a hearing. Grob v. Beluch, #4D03-4036, 889 So.2d 85, 2004 Fla. App. Lexis 13850(4th Dist. 2004). {N/R}
     Federal appeals court rejects a challenge to a demotion where the employee was never eligible for the promotion she received. Barrett v. Social Secur. Admin., #02-3081, 309 F.3d 781, 2002 U.S. App. Lexis 22425 (Fed Cir. 2002). {N/R}
     California appellate court holds that officers who are reassigned to lower pay grades or who are deselected from bonus positions have a property interest in those pay grades or bonus positions, which invokes due process rights. LAPPL v. Los Angeles, #B151027, 102 Cal. App.4th 85, 124 Cal.Rptr.2d 911, 2002 Cal. App. Lexis 4653 (Cal. App. 2d Dist. 2002). {N/R}
     California appeals court holds that a predeprivation hearing is not required for a demotion or termination for economic reasons. Duncan v. Dept. of Personnel Admin., #B129036, 77 Cal.App.4th 1166, 2000 Cal. App. Lexis 60, 92 Cal.Rptr.2d 257, 15 IER Cases (BNA) 1753. [2000 FP 69]
     Demotion of a sergeant to deputy sheriff for failing to follow the department manual regarding domestic violence investigations was not unreasonable. Huff v. Rock Island Co., 689 N.E.2d 1159 (Ill.App. 1998). {N/R}
     Sergeant who agreed to serve a year as a probationary sergeant could not appeal his demotion based on a minor, subsequent act. Doherty v. Sullivan, 29 Conn.App. 736, 618 A.2d 56 (1992). [1993 FP 84]
     State supreme court concludes that the "power to discharge includes the lesser power to demote" a firefighter, allowing the city the power to demote, not fire, the employee. City of Las Vegas v. IAFF L-1285, 824 P.2d 285, 108 Nev. 64, 1992 Nev. Lexis 20. {N/R}
     Sergeant who was demoted to station officer could not sue for "constructive discharge" because he was still employed. Pethoud v. City of Peoria, 8 IER Cases (BNA) 882 (D.Ariz. 1993). See also: Rodriguez-Pinto v. Tirado-Delgado, 982 F.2d 34 (1st Cir. 1993).[1993 FP 115-6]
     Non-tenured ranks can be abolished, and personnel holding those ranks are lawfully demoted. Untch v. Chaddock, 520 N.E.2d 118 (Ind.App. 1988).
     When chief is demoted to his prior rank, the person with least seniority in that rank must be demoted to rank immediately below. Anderson v. City of Sioux Falls, 384 N.W.2d 666 (S.D. 1986).
     Fire lieutenant who benefited from a rigged promotional exam could be demoted, even though he was not part of the scheme. Cassella v. Civil Service Cmsn. of New Britain, 4 Conn. App. 359, 494 A.2d 909.
     Firefighters who were demoted without charges filed or a hearing win suit for breach of contract. City of Terre Haute v. Brown, 483 N.E.2d 786 (Ind.App. 1985).
     Court upholds demotion of lieutenant who failed performance exam two years straight. Frego v. Jonesboro Civil Service Cmsn., 684 S.W.2d 258 (Ark. 1985).
     Fire Dept. could demote superior officers for cause when it reduced the number of engine companies. Clark and Stephenson v. State Personnel Board, 314 S.E.2d 658 (Ga. 1984).
     Position of "Technical Captain" with additional pay was a rank; reassignment of incumbent was a demotion. City of Indianapolis v. Sherman, 409 N.E.2d 1202 (Ind.App. 1980).
     Chief could reassign detectives to uniform duties without a hearing, even though pay reductions ensued; productivity in issue. City of Hartford and Local 308, Intnl. Bro. of Police Officers, Case #8081-A-618, Conn. Bd. of Med. and Arb. (1981); Town of Guilford and Capt. C.F. Collins Jr., Conn. St. Bd. of Labor Rltns, Case #MPP-3875, Decision #1930 (1980). FP #82, p.4]. But see White v. Co. of Sacramento, 183 Cal.Rptr. 520, 646 P.2d 191 (1982) for exception.
     Appellate court holds that persons on probationary promotion are not entitled to seek court review of demotions. Bordelon v. Dept. of Police, 389 So.2d 907 (La. App. 1980).
     Idealistic sergeant, critical of methods, was subject of intense surveillance. Appellate court affirms demotion for minor infractions discovered during surveillance. Leininger v. City of Bloomington, 299 N.W.2d 723 (Minn. 1980).
     Law requiring a hearing for removal does not require a hearing for demotion. Sheridan v. Town of Merrillville, 428 N.E.2d 268 (Ind.App. 1981).
     Captains, promoted three years earlier in spite of failing test scores, were lawfully demoted by new chief. Whalen v. City of Atlanta, 539 F.Supp. 1202 (N.D. Ga. 1982).
     Employee cannot compel his own demotion. Bartek v. Firemen's and Policemen's Civil Service Cmsn. of Temple, 584 S.W.2d 358 (Tex. Civ. App. 1979).
     "Reorganization" does not permit mass demotions of civil service employees; chief must be restored to former rank. State ex rel Warzyniak v. Grenchik, 379 N.E.2d 997 (Ind.App. 1978).
     First amendment protects employees from demotion from untenured positions. Morris v. City of Kokomo, 381 N.E.2d 510 (Ind.App. 1978).
     Indiana court of appeals rules that civil service fire officers can be demoted without cause; no reasons need be stated. Jenkins v. Hatcher, Mayor, 322 N.E.2d 117 (Ind.App. 1975).
     See also: Free Speech, Promotional Rights; Reductions in Force; and especially, Transfers.