E dating Nyborg

Consequently, on November 25, 1995, Kneblick was promoted to captain. In her new position as captain, Kneblick was to be in command of the internal affairs division of the FWPD. The trial court found that, pursuant to the vacancy that arose on November 25, 1995, Nyborg acquired an equitable property right in the vacated position and a primary right to promotion to lieutenant. Accordingly, the trial court set aside the Commission's decision and ordered that Nyborg be promoted to lieutenant, with back pay, effective no later than January 23, 1996, sixty days from when the vacancy occurred. 12263 (the ordinance), which created one additional captain's position and deleted one lieutenant's position.

Nyborg, as the movant, has the burden of establishing that no genuine issue of material fact exists and that he is entitled to judgment as a matter of law. W.2d at 131 (holding that whenever a vacancy occurs, the person next in line on the promotion list has the primary right to fill the vacancy).17.

All promotions and reclassifications within the FWPD therefore must comply with the provisions of the CSA.

The CSA states, “[A]n existing position or classification or a position or classification created in the future either by name or by increase in salary may be filled only from an eligibility list that results from an examination held in accordance with this chapter.” It is undisputed that, between November 11, 1995 and February 28, 1996, Nyborg ranked first on the lieutenant's eligibility list, meaning that if a vacancy occurred in the lieutenant's position during that period, he would be entitled to promotion to lieutenant.

We therefore hold that a vacancy in the lieutenant's position of the FWPD occurred on November 25, 1995, upon Kneblick's promotion to captain.

Having determined that a vacancy occurred within the dates that Nyborg ranked first on the lieutenant's eligibility list, we now must determine whether the FWPD should have filled this vacancy by promoting Nyborg to lieutenant.

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