Garrett v. City of Memphis

OPINION

in which HOLLY M. KIRBY, J. and J. STEVEN STAFFORD, J., joined.

This appeal concerns the discretion of the Memphis Police Department to fill vacant civil service positions -with temporary, “acting” personnel prior to the expiration of an active promotion roster. The trial court concluded the Memphis City Charter does not mandate permanent promotion of the next eligible employee from an active promotion roster simply because a vacancy exists. The court further concluded that no charter provision or city ordinance prohibits the use of acting appointments; rather, the proof showed that the…