BREWER v. CITY OF SEMINOLE, 2014 OK 41

Brewer was a probationary police trainee for Seminole; she was not covered by the city’s CBA but was an OPPRS member at termination.
She was terminated involuntarily on January 4, 2012 during probation.
She alleged she could only be discharged for cause and requested a hearing denied by Seminole.
District Court certified three questions to the Oklahoma Supreme Court under 20 O.S.2011 §§ 1601-1611.
The questions focused on rights under 11 O.S. 50-123(B) for probationary trainees who are OPPRS members and possibly governed by a CBA.
The Court reformulated question 1 and answered Questions 1 and 2 negatively, declining to answer Question 3.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 50-123(B) provides cause-based termination rights for probationary trainees who are OPPRS members.	Brewer argues she cannot be discharged except for cause as an OPPRS member.	Seminole argues 50-123(B) does not apply to probationary trainees under CBA contexts.	No; 50-123(B) does not provide such rights.
Whether probationary trainees have a statutory right to a hearing before the Police Pension Review Board.	Brewer seeks a post-termination hearing under 50-123(A).	No statutory right for probationary trainees to such a hearing.	No; no right to a hearing before the Board.

City of Jenks v. Stone, 2014 OK 11 (OK, 2014) (probationary trainee rights under 50-123(B) not given post-termination protections)
City of Coweta v. Doughten, 264 P.3d 135 (2011 OK Civ. App.) (discussed in relation to probationary rights and CBA)
White v. City of Del City, 270 P.3d 205 (2012 OK Civ. App.) (addressed probationary rights under related statutes)