Tully v. City of Wilmington
North Carolina Supreme Court
810 S.E.2d 208 (2018)
- Written by Deanna Curl, JD
Facts
In 2011, Kevin Tully (plaintiff) had worked as a police officer for the city of Wilmington (defendant) since 2000 when he decided to seek a promotion to the rank of sergeant. The city’s policy manual established uniform standards for the promotion process, including examination criteria and grievance procedures applicable to all stages of the selection process. As part of the multi-phase application process, Tully took a written exam but did not pass. Tully filed a grievance with the city after finding out that the official exam answers were based on outdated law and his responses were correct under current law. Shortly thereafter, Tully was informed that the exam answers could not be addressed through the grievance process and that there was nothing that could be done, even if his answers were correct. Tully filed a complaint in the trial court alleging that the city’s failure to follow its established grievance policy violated his right to enjoy the fruits of his labor under the state constitution. The trial court dismissed Tully’s claim, and the court of appeals reversed. The city then appealed the appellate-court ruling.
Rule of Law
Issue
Holding and Reasoning (Hudson, J.)
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