Bowlin v. County of Dade

PEARSON, Judge.

The appellant is Dale Patrie Bowlin, a Dade County Department of Public Safety lieutenant. The appellee is Dade County, its Department of Public Safety and E. Wilson Purdy, its director. The issues presented upon appeal are twofold: (1) Whether the “Rule of Four” contained in § 6, Chapter 3 of the Dade County Personnel Rules, which gives discretion to the Department to promote from the highest of four candidates,1 is unconstitutional on its face, and (2) whether the application of the rule to the case at bar is so capricious and arbitrary as to constitute discrimination.

In…