Do what you say: Be sure your policies match your procedures

A recent Arkansas Court of Appeals case serves as a cautionary tale regarding the due process rights of public employees and the need to follow your own rules very carefully. Private employers should learn from the ruling as well.

Facts

The Hot Springs Civil Service Commission affirmed the disciplinary action taken by Jason Stachey, chief of the Hot Springs Police Department (HSPD), against Franklin Sears, an officer who was terminated after continually receiving an "unsatisfactory" score on a physical agility test. Arkansas law provides that all police department employees are governed by rules and regulations set out by the chief after being adopted by the governing bodies of their respective municipalities—in this case, the commission.

HSPD's policy provided the following process if an officer received an unsatisfactory score on its physical agility test: