(concurring in part; dissenting in part). I write separately for the following reasons. After reviewing the record, I conclude that it is *819not necessary nor warranted to remand this case to allow "the parties an opportunity to develop a factual record before the Board and offer legal argument before the circuit court on the constitutional issues . . . See majority op. at 782. I agree with the majority's conclusion that the circuit court did not exceed its jurisdiction by considering constitutional due process issues as part of its overall evaluation of "reasonableness." I disagree, however, with the majority's conclusion that the circuit court violated its plain duty when it addressed due process issues "without allowing the parties the opportunity to develop a factual record before the Board . . . ." See majority op. at 812.1 can find no authority holding that it is a violation of a plain legal duty when a circuit court refines an issue that the parties have presented via oral argument or briefs. The parties briefed the "due process" concept. The circuit court defined the due process violations with the labels of "vagueness" and "notice." Accordingly, I would exercise this court's discretion to deny the petition for a supervisory writ. See Dressler v. Racine County Circuit Court, 163 Wis. 2d 622, 630, 472 N.W.2d 532, 536 (Ct. App. 1991).
My review of the record reveals that the due process issue was sufficiently raised and, therefore, the circuit court did not commit error or violate a plain duty in deciding the case on due process grounds. Granting a supervisory writ "is considered an extraordinary and drastic remedy that is to be issued only upon some grievous exigency." Id. Because the circuit court did not err, and because Slawinski did raise due process issues throughout the legal process below, there is no "grievous exigency" in this case. See id.
*820Prior to the hearing in this case, Slawinski argued that his demotion before a hearing in front of the Board violated due process of law.1 This issue was briefed and placed on the agenda for the July 1, 1993 Board meeting. The Board declined to decide the issue. Slawinski again requested that the matter be ruled on and the Board finally did so in October 1993. The Board ruled against Slawinski. The issue was raised again at the hearing held in April 1994, but the Board denied Slawinski's motion to reconsider the decision.
The majority opinion acknowledges that Slawinski did raise "slight" due process issues at the April 1994 hearing, see majority op. at 805-06, in the form of Slawinski's own testimony regarding the "gag rule", his counsel's request that the Board take quasi-judicial notice of certain exhibits, and his counsel's statement in closing argument that there was "[n]ot one bit of evidence in this record that he was ever put on notice." In addition, however, my review of the hearing transcript demonstrates that Slawinski was questioned with regard to notice. Slawinski testified in pertinent part:
Q. Did Chief Arreola ever call you in before the day you were suspended and sit you down and say to you, "Inspector, I'm hearing bad reports that you are not happy and that you are saying negative things." Were you ever brought in to talk to him?
*821A. I was brought in to talk to him a couple times. Everybody had a chance to come in and talk with him.
Q. My question is, did he ever call you in and tell you that you were expressing too much unhappiness and that you had to change your tune?
A. Not in those specifics, no.
Q. Well, tell us about what the Chief ever talked to you about relative to the kinds of things that we have here. Were you ever talked to about the fact that you supposedly called him an idiot, the fact that you were a little pushy at the seminar, the fact that Bacich and Louzecky told him or it got back to him that there was too much bitching going on by you?
A. Nobody ever told me anything.
Q. I want to know if Chief Arreola did.
A. About any of those things? No.
Further, in closing argument, Slawinski's counsel stated:
First off, I want to say that I cannot imagine any case that is as weak as this is, that has been brought before you for consideration as to whether or not for the first time in the history of the Milwaukee Police Department an Inspector of Police should be as humiliated, castigated and made to suffer as has Joseph Slawinski on the basis of this nonsense that has been presented here.
We are talking about a due process hearing where the City has to prove its case by a preponderance of the evidence that there exists sufficient evidence to support the conduct of the Chief of Police of this city. (Emphasis added.)
Although the references specifically labeling the argument "due process" at the hearing before the *822Board are limited, the practical effect of Slawinski's individual testimony is that his rights were violated. He testified about the manner in which he was demoted and the pertinent facts as to each individual charge. He testified that he was not given any notice — i.e. proper due process — before his property right was taken away from him. The notice argument was again raised at the time of the disposition hearing in June 1994, when Slawinski's counsel argued:
Now, I just think it's almost laughable that a fellow is going to lose $21,000 a year in income who has been disgraced as he has publicly, who is going to lose pension benefits for the rest of his life after devoting thirty years to this city, and never one time was brought in and sat down and say [sic] "We got a problem, Inspector, and you're going to shape up or ship out or I'm going to have to prefer charges against you. I'll hear no more bitching behind my back, I'll hear no more this, no more that."
.. .[T]hat wasn't done[.]
I just think that we have lost our heart in this country. We don't have any heart any more. We get so stone cold about people, to not bring a fellow in who has worked thirty years in this department, for this city, . . . and sit [him] down and say "Hey, pal, you got to change or else. You can't do the old with me. You got to be part of my management team or I want you out of here, whether voluntarily or involuntarily, because I'm going to watch you like a hawk. And if I find out you're talking behind my back, you're going to be in big trouble pal. So shape up or ship out, and that means I don't want you talking to anybody."
In his complaint for certiorari review from the circuit court, Slawinski alleged that the "Board *823proceeded on an incorrect theory of law and exceeded its jurisdiction by violating Slawinski's right to due process." Further, in his brief, Slawinski asserted that the Board deprived him of "a property right without due process of law." On the notice issue, Slawinski's brief argues: "There was no progressive discipline. There was no counseling. There was no warnings to cease and desist."
The FPC's response brief on the certiorari action argues: (1) with respect to notice issues, after detailing what notice was provided concludes: "In light of the above, the warnings were there. Slawinski chose not to listen. He self-destructed."; and (2) with regard to the due process claim stated: "Likewise, courts have held no denial of due process where the charges are detailed and specific and supported by adequate findings. . . . Slawinski had all this. . . . Thus, no due process violation." Later, the same brief argues: "Here again is another due process protection for Slawinski that shows that his 'deprivation of pay without due process' argument is not true." Nowhere in its brief to the circuit court does the FPC argue that Slawinski cannot assert a constitutional due process claim because he did not raise this claim in front of the Board or that he has not properly raised his constitutional claim.
In its brief to the circuit court pertaining to the statutory action, the FPC repeats the same, arguments and adds: "Rules prohibiting insubordination and public criticism of superior officers constitute a reasonable and valid regulation of the constitutional right of free speech in the interests of departmental discipline."; and later, argues that the rules of the department "have a reasonable relation to the needs of the Department." Although the latter statement does not label itself as a defense to a constitutional *824challenge to the Department's rules, this was its effect. The FPC again states that "Slawinski was warned," in defending Slawinski's claims that he was not provided with proper notice.
The circuit court reviewed the record from the hearing to determine whether the Board's decision was reasonable. See § 62.50(21), Stats. Consideration of whether due process has been followed is always inherently within such a determination. See State ex rel. Meeks v. Gagnon, 95 Wis. 2d 115, 119, 289 N.W.2d 357, 361 (Ct. App. 1980). Although there are not frequent specific references to a constitutional due process challenge in the hearing transcripts, there are several portions that raise this issue.
Furthermore, the circuit court was presented with briefs from both sides that argue the constitutional due process issues, and therefore properly decided the issue. See Just v. Marinette County, 56 Wis. 2d 7, 26, 201 N.W.2d 761, 772 (1972) (circuit courts encouraged to decide constitutional issues); see also City of Milwaukee v. Wroten, 160 Wis. 2d 207, 217, 466 N.W.2d 861, 865 (1991) ("courts in which constitutional questions are raised should decide them"). Slawinski's briefs make both an umbrella reference to due process violations and specific reference to lack of proper notice. Further, Slawinski's brief sets forth point by point the facts pertinent to each alleged violation, together with argument demonstrating why the Board's decision was unreasonable. Based on the interplay between reasonableness and due process, the circuit court viewed this portion of Slawinski's brief as specific argument on his due process claim.
The FPC's brief responds by denying any due process violation, explaining how Slawinski was repeatedly warned (or put on notice) and actually *825attempts to defend the rules as constitutional. It is rather ingenuous of the FPC to now argue that it had no opportunity to present argument on the due process issue, when it denied that due process was violated at all.
In reviewing the Board's decision, the circuit court had three options: (1) affirm, (2) reverse, or (3) remand to the Board. See State ex rel. Momon v. Milwaukee County Civil Service Comm'n, 61 Wis. 2d 313, 318-21, 212 N.W.2d 158, 161-62 (1973). When a reviewing court selects one of the three options available to it, assuming support in the record for the choice, even though it could have selected another alternative supported by the record, the choice that it made does not equate to a violation of a plain duty. There is no support in the law or logic for such a conclusion. Faced with this, I conclude that the circuit court did not commit error when it based its decision on constitutional due process violations. Nor did it commit error by failing to allow the parties to develop a factual record. The record contained enough facts to allow the trial court to make its decision. Both sides presented facts pertinent to this issue by presenting witnesses to testify as to the chronology of events and both sides had an opportunity to present legal argument.2
Therefore, in the interests of judicial economy and efficient administration of our system of jurisprudence, *826I would deny the writ and affirm the judgment of the circuit court.
I note that this due process argument was different from the due process reasons relied on by the circuit court. Nevertheless, raising due process concerns afforded both sides an opportunity to present evidence documenting that due process was or was not violated.
Further, I am not persuaded by the FPC's argument that Slawinski never raised a due process claim based on the fact that the rule he was charged with violating was unconstitutionally vague. Despite the accuracy of this contention, there is no need to remand the matter. The circuit court is capable of making this constitutional legal determination without argument from the parties, which it did based on the pertinent facts.