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CITY, N.D. -A district judge ruled in favor of Valley City Police Chief Dean Ross in the ongoing dispute over the oral reprimand issued to him by the city of Valley City earlier this year.

Judge Daniel Narum granted Ross’s Writ of Mandamus, a request that the court order the city to revoke the oral reprimand placed in Ross’s file by City Administrator Jon Cameron.

The reprimand came after Ross asked about 9-1-1 operations at a meeting with Barnes County officials. According to Cameron, he ordered Ross not to ask any questions at the meeting. Cameron then officially reprimanded the chief for not following the orders of a superior.

Ross argued that only the mayor or the president of the city commission, could give direct orders to the police chief, and that Cameron’s order to not ask questions was not valid. The city voted 3-2 to uphold the reprimand on May 3.

In the ruling, Narum wrote that city ordinance “clearly and unambiguously sets a chain of command for the Chief of Police for Valley City, and empowers the President of the Board of the City Commission as the only individual with authority to give orders to the Chief of Police.”

Narum’s ruling stated that Ross has the right to have the city correctly interpret it’s ordinances, and that the city failed to do so in voting to uphold the reprimand. Narum rejected the argument that the city had discretionary power to reprimand Ross.

“Where there is more than one reasonable interpretation of an ordinance, this court will defer to the reasonable interpretation of the city. In this case, however, there is but one reasonable way to interpret (the ordinance). In reading the plain language of that ordinance, one can only conclude that the Chief of Police takes orders only from the President of the City Commission,” wrote Narum.

In his conclusion, Narum said Ross has the right to have the reprimand removed from his record. He asked Ross’s attorney, Joel Larson, to provide the writ for a signature.

Ross is still the subject of an investigation by the state Bureau of Criminal Investigation on two public and two private accounts set up with various monies to fund Counter Act funds.

 

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