02-1936 Baures v. North Shore Fire Department

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“While we appreciate Lt. Baures’ frustration in finding that he was not promoted despite believing himself to be the only applicant satisfying the posted prerequisites, and while we wince at the proposition that ‘certificate [of completion]’ and ‘certification’ are interchangeable, we must be mindful of the flexibility granted to police and fire chiefs and their departments. Here, for example, while the Department’s Rules and Regulations require obedience by every employee to every rule, they then allow the chief, ‘in the interest of flexibility and practical management,’ to ‘exempt … employees … from any provision … where, in his or her opinion, the Department would benefit from such exemption.’

“Therefore, unquestionably, even if we were to conclude that the Announcement’s posted prerequisites applied as Lt. Baures contends, the Department’s Rules and Regulations would have allowed Chief Berousek to exempt Lt. Kuopus from the ‘certification’ requirement.”

Further, plaintiff’s claim based on promissory estoppel fails not because he did not receive and rely on a promise, but rather, because the essential promise was fulfilled.

“With the Announcement, the Department promised Lt. Baures that, if he met the minimum qualifications and applied for the promotion, he would be considered. The Department kept that promise; it never promised Lt. Baures that he would be selected.”

Accordingly, the circuit court correctly granted summary judgment dismissing plaintiff’s claim.

Judgment affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Hansher, J., Schudson, J.

Attorneys:

For Appellant: Scott L. Schroeder, Janesville

For Respondent: Charles H. Bohl, Milwaukee; Andrew A. Jones, Milwaukee