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BURTON v. OFFICE OF EMPLOYEE APPEALS

Nos. 09-CV-1493, 10-CV-963.

30 A.3d 789 (2011)

Hilton BURTON, Appellant, v. OFFICE OF EMPLOYEE APPEALS, et al., Appellees, and Robin Hoey, Appellant, v. Office of Employee Appeals, et al., Appellees.

District of Columbia Court of Appeals.

Decided November 3, 2011.

Attorney(s) appearing for the Case

E. Scott Frison, Jr. , Washington, DC, for appellant Hilton Burton.

J. Michael Hannon , Washington, DC, for appellant Robin Hoey.

Holly M. Johnson , Assistant Attorney General, with whom Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for appellees.

Before WASHINGTON, Chief Judge, and GLICKMAN and FISHER, Associate Judges.

FISHER, Associate Judge:

Appellants, each of whom had worked for the Metropolitan Police Department for more than fifteen years, were reduced in rank from the position of Commander. They appealed to the Office of Employee Appeals (OEA), claiming that, as Career Service employees, they could not be demoted without cause. In separate decisions, the OEA held that even though appellants were Career Service employees, the Chief of Police had specific statutory authority...

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