Appeals court: Wilmington cop can challenge test with wrong answers

WILMINGTON, NC (WWAY) — Police officers can go to court to fight a blocked career advancement, based on a North Carolina appeals court decision Tuesday.

The decision comes after Wilmington Police office Kevin Tully took the city to court after he failed a promotional exam to become a sergeant. After reviewing the exam, Tully found that several of the test’s “correct” answers were based on outdated laws, and the exam questions had not evolved with those laws.

According to Tuesday’s ruling, officers have a right to force the cities to follow their established promotional processes, after the city refused Tully’s grievance request.

“The government must practice what the government preaches,” said Elizabethtown attorney Michael McGuinness, who filed an amicus brief in the case on behalf of the Southern States Police Benevolent Association.

McGuinness said this decision has set a major precedent in the state that municipalities are being unconstitutional if they fail to follow established procedures.

The Wilmington Police Department and the city attorney’s office declined to comment on the case.