RALEIGH, N.C. (AP) — A North Carolina appeals court says a police officer can go to court to fight his blocked advancement after pointing out that the promotion test was marred by wrong answers.
The state Court of Appeals on Tuesday ruled that Wilmington police officer Kevin Tully has a right to force the city agency to follow its established promotion process. It’s the first time North Carolina courts have ruled a government employer is acting arbitrarily and unconstitutionally if it fails to follow its established procedures.
The judicial panel’s 2-1 split means the case can be appealed to the state Supreme Court.
Tully took a test for candidates seeking promotion to sergeant, but was told he failed. He reviewed the purported correct answers and found several were based on outdated law.