Was the law violated when the Grand Rapids City Council overrode the Grand Rapids Police Commissions authority by reinstating the officer to sergeant status?
GRV looked up the MN Statutes under Chapter 419 pertaining to commissions. Per the statutes, we have copied below, would you agree that the Grand Rapids City Council’s action reinstating the officer’s rank, was legal or illegal?
If they had taken action after abolishing the commission would they have acted legally. (419.16)
Who is giving legal advise? Or their not listening!
We at GRV have no opinion to the actions taken as we are not privileged to the personnel material regarding the issue, however we do have concerns that the law is always placed first in any public office actions. As always, feel free to comment on our page.
419.05 DUTIES OF COMMISSION.
The commission shall have absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department of such city and these powers shall extend to and include all members of the police department. (Notice it doesn’t say “Subject to review by the city council.) The commission may not, however, prescribe any residency requirements for the positions under its control, unless approved by the city council.
The commission shall, immediately after its appointment and organization, grade and classify all of the employees of the police department of the city and a service register shall be prepared for the purpose, in which shall be entered, in their classes, the names, ages, compensation, period of past employment and such other facts and data with reference to each employee as the commission may deem useful.
The commission shall keep a second register to be known as the application register in which shall be entered the names and addresses, in the order of the date of application, of all applicants for examination and the offices or employments they seek. All applications shall upon forms prescribed by the commission and contain such data and information as the commission deems necessary and useful.
419.14 COMMISSION VESTED WITH CERTAIN POWERS.
When any city has a civil service commission the council may provide that this commission be vested with the powers and duties of the police civil service commission as set forth herein.
419.15 OFFICERS TO COME UNDER COMMISSION.
Any police officer regularly employed at the time of the creation of the civil service commission shall automatically come under the jurisdiction of the civil service commission.
419.16 ABOLITION OF COMMISSION.
A police civil service commission created under this chapter may be abolished as follows: (1) by the voters in accordance with section 419.17; or (2) by a unanimous vote of the city council. Abolition by the voters shall be initiated by a petition signed by at least 25 percent of the number of legal voters voting at the last general municipal election filed with the governing body of the city requesting that the following question be submitted to the voters: “Shall the police civil service commission be abolished?”