Brewer v. City of Seminole

Summary

The Oklahoma Supreme Court answered certified questions from the United States District Court for the Eastern District of Oklahoma concerning whether a probationary police trainee who was a member of the Oklahoma Police Pension and Retirement System could be terminated only for cause and receive a post-termination hearing. The court answered both questions in the negative under 11 O.S. § 50-123 and declined to answer the dependent third question.

Holdings

1. Title 11, section 50-123(B) does not give a probationary police trainee, even one who is a member of the Oklahoma Police Pension and Retirement System, a statutory right to be terminated only for cause.
2. Title 11, section 50-123(B) does not give a probationary police trainee a statutory right to a post-termination hearing before a board of review.

Questions Presented

1. Whether title 11, section 50-123(B) of the Oklahoma Statutes gives a probationary police trainee who is a member of the Oklahoma Police Pension and Retirement System a right to be terminated only for cause.
2. Whether title 11, section 50-123(B) gives such a probationary police trainee a right to a post-termination hearing before a board of review.
3. Whether the officer must request, or the municipality must offer, a hearing under title 11, section 50-123, and when that request or offer must occur.

Disposition

other