Bumbalough v. City of Roseville Police & Fire Civil Service Commission
Bumbalough v. City of Roseville Police & Fire Civil Service Commission
Opinion of the Court
Plaintiffs are police officers employed by the Roseville Police Department. Their complaint, filed June 11, 1980, alleged certain irregularities in an examination administered by defendant as part of its evaluation of these officers for promotion to police sergeant. Defendant did not write this test but used a format developed by the International Personnel Management Association. Defendant has appealed as of right from a circuit court order enjoining the use of these test results.
Because of the absence of a complete record to determine the basis of defendant’s decision, the circuit court conducted a hearing to receive testimony from the parties. See Drouillard v Roseville, 9 Mich App 239; 156 NW2d 628 (1967). At the circuit court hearing, each party introduced an expert witness who testified regarding the validity of the examination and the ability of the exam to provide an adequate ranking of the officers who took the test. Prior test takers were also introduced to testify concerning irregularities in the examination including: giving of identical tests
The trial court issued its opinion on January 7, 1981, finding that defendant’s review procedure, allowing exam takers to review their exams and take notes concerning these exams, destroyed the credibility of subsequent testing when these same exams were used. The trial court pointed out that the national average for officers scoring above 125 on the exam was .6% as compared with the Rose-ville average of 21% scoring above 125. Accordingly, the trial court found that the test could not be considered competitive and, therefore, violated the statutory requirements of MCL 38.507; MSA 5.3357.
This Court set forth the standard of review for decisions of a municipal civil service commission in Core v Traverse City, 89 Mich App 492, 498; 280 NW2d 569 (1979), as follows:
“The nature of a court’s review of the decision of a municipal civil service commission is to determine whether the decision is supported by competent, material and substantial evidence. The court is not to determine whether the probabilities preponderate one way or the other but simply to determine whether the evidence is such that it will justify the finding as a legitimate inference from the facts proved, whether that inference would or would not have been drawn by the appellate tribunal. Hunn v Madison Heights, 60 Mich App 326; 230 NW2d 414 (1975); Werner v Macomb County Civil Service Comm, 77 Mich App 533; 258 NW2d 549 (1977).”
A review of the evidence and the limited nature
The trial court was not in a position to weigh the internal procedures of defendant. Defendant’s finding that the test was competitive and its resolution of all improprieties involved may be legitimately inferred from the testimony given and the record of its minutes. Core, supra, 498, citing Hunn v Madison Heights, 60 Mich App 326; 230
The circuit court order enjoining defendants from using these test results is vacated and the case remanded to the circuit court for dismissal of plaintiffs’ complaint with prejudice.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.