Freeze v. City of Decherd, No. 12-6160 (6th Cir. 2014)
Annotate this CaseIn 2002, Freeze was hired by the Decherd Police Department. He became Chief of Police in 2007. Colvin, Freeze’s brother-in-law, was hired as a patrolman in 2007. The Board of Aldermen is responsible for hiring and firing. During a February 2009 meeting, the Aldermen told Freeze that they “might need to just let [him] resign as the Chief and put [him] in as a sergeant at $15 an hour.” Freeze stated that “if it’s going to keep my job, yes, I will take a demotion.” After several confrontations during a March meeting, the Board terminated the employment of Colvin and Freeze. The city did not provide notice that terminations would be considered at the meeting, but claims that it provided oral notice that “general job performance may be discussed.” Neither officer was allowed to present witnesses or evidence. The separation notice regarding Freeze reads: “No reason given.” The city’s 1999 Personnel Resolution designates every city worker as an at-will employee with no property right in employment, but a 2000 Police Resolution states that “discipline shall be for cause and shall follow the basic concepts of due process.” The district court dismissed, finding that the officers possessed no property interest in continued employment. The Sixth Circuit reversed, based on the unequivocal language of the Police Resolution.
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