Oels v. Anchorage Police Dept. Employees Association
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Appellant Tom Oels was a sergeant with the Anchorage Police Department (APD) since 2002. In 2005, he stated his intent to retire and be rehired while retaining the rank of sergeant. Appellant was told that under AMC 03.30.068(A)(4) he could retire, but could only be rehired as an entry-level patrol officer, not as a sergeant. Appellant filed a complaint with the Employee Relations Board (the Board) alleging: (1) that MOA and the Anchorage Police Department Employees Association (APDEA) had violated AMC 03.30.068(A)(4) by requiring that sergeants be rehired as patrol officers, and (2) that APDEA had breached its duty of fair representation. The Board heard the matter and decided against Appellant on both counts. Appellant appealed the ruling to the superior court which, sitting as an intermediate appellate court, affirmed the Board’s decision. The superior court held that although the plain meaning of the ordinance was ambiguous, the underlying legislative history demonstrated that the provision was intended to allow for flexibility to rehire sergeants as patrol officers. Upon review, the Supreme Court agreed with the superior court’s analysis that the municipal code defined "rehire" as returning to the same position or class of positions, but the Court ultimately reached a different result. The Court found that the ordinance was not ambiguous; by its terms, it did not require sergeants to be rehired as entry-level patrol officers. The Court therefore reversed the superior court's judgment and remanded the case for further proceedings.
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