Woloszyk v. Clinton Charter Township
Woloszyk v. Clinton Charter Township
Opinion of the Court
Plaintiff, Frank Woloszyk, an officer employed by the Clinton Township Police Department, brought suit under § 12(2) of the fire and police civil service act, MCL 38.512(2); MSA 5.3362(2), to compel his promotion to the level of sergeant I. Defendant Clinton Township Fire and Police Civil Service Commission brought a motion for summary disposition under MCR 2.116(0(10), to which plaintiff responded and also moved for summary disposition. The trial court denied plaintiff’s motion and granted summary disposition for defendants. Plaintiff appeals as of right.
At the time the examination was announced, there were three officers of the rank of sergeant n eligible to take this examination. Of the three, plaintiff was the only applicant. In view of this, the commission delayed the examination date and opened the examination to six other candidates of the same rank as plaintiff who did not meet the statutory requirements of time in grade or time served with the department.
Before the commission opened the examination to other applicants, plaintiff requested a single listing on the basis of the fact that he was the only qualified candidate eligible to take the examination. This request was denied by the commission. Plaintiff passed the examination, but his score placed him fourth out of seven candidates, and he did not receive the promotion.
It is plaintiff’s position that because there were three candidates that met the requirements of § 12(2) at the time the vacancy occurred and the examination was announced and because he was the only eligible candidate to apply for the examination, the commission improperly opened the examination to others who did not meet the requirements.
Section 12(2) provides that if no other persons are eligible, a commission can open the examina
This Court must ascertain and give effect to the legislative intent. MCL 8.3a; MSA 2.212(1) requires that statutory language be construed "according to the common approved usage of the language.” A court may depart from a literal reading of the statute where it is inconsistent with the policies imposed by the statute. Muskegon Building & Construction Trades v Muskegon Area Intermediate School Dist, 130 Mich App 420, 432; 343 NW2d 579 (1983). Statutes are to be construed so as to avoid absurd results. Carroll v Economic Development Corp of Calhoun Co, 133 Mich App 238, 240; 349 NW2d 150 (1982).
Taking all pleadings as true, we find that plaintiff’s motion for summary disposition was properly denied on the bases that the statutory interpretation of defendant commission was reasonable and that further development of facts would not have established a ground for recovery by the plaintiff. The "person or persons” language of § 12(2) lends itself readily to the interpretation urged by plaintiff, but that language is irreconcilable with the language in the first sentence of that subsection of the statute that the examination is to be competitive. The trial court decided that "competitive”
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.