McMichael-gombar v. Phoenix Civil Service

Summary

The court held that the Phoenix Civil Service Board lacked authority to decide whether the police department's social-media policy was facially or as-applied unconstitutional under the First Amendment. The Board nevertheless could consider evidence that the employee reasonably believed her post was constitutionally protected, along with other facts bearing on whether the suspension was excessive. Because the record did not show that the Board barred those permissible arguments and evidence, the court vacated the court of appeals' decision and affirmed dismissal of the special-action complaint.