Way v. City of South Bend

DeBRULER, Justice.

In October of 1984 the South Bend Board of Public Safety adopted a merit plan for the purpose of regulating promotion practices in the South Bend Police Department. Douglas Way, a full-time paid employee, challenged the adoption of the plan, asserting that any promotion system which included elements of merit must meet the requirements of I.C. 86-8-3.5-1. The plan adopted by the Safety Board contained elements of merit but did not comply with the statute. The trial court granted summary judgment in favor of the City of South Bend, holding that I.C. 36-8-8.5-1 was not the…