Appeal of Higgins-Brodersen

578 A.2d 868, 133 N.H. 576, 1990 N.H. LEXIS 105
CourtSupreme Court of New Hampshire
DecidedAugust 27, 1990
DocketNo. 89-139
StatusPublished
Cited by5 cases

This text of 578 A.2d 868 (Appeal of Higgins-Brodersen) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Higgins-Brodersen, 578 A.2d 868, 133 N.H. 576, 1990 N.H. LEXIS 105 (N.H. 1990).

Opinion

Brock, C.J.

This appeal from a ruling by the New Hampshire Personnel Appeals Board (hereinafter “the Board”) questions whether the Board has jurisdiction to rule upon the claims filed by two State employees, who, while currently employed full-time, are seeking compensation for unused annual leave accumulated while previously employed part-time. For the reasons which follow, we affirm.

The petitioner Carol Higgins-Brodersen started working for the New Hampshire Liquor Commission (hereinafter “the Commission”) as a part-time employee on August 3, 1983, accepting a full-time position effective August 1, 1986. The petitioner William Mc-Cann is also employed by the Commission, having started as a part-time employee on November 16, 1984, and become full-time on August 29, 1986.

The legislature has provided that, under certain circumstances, part-time State employees may be compensated for annual leave.

“Working on a Part-Time Basis. An individual working on a part-time basis shall not be eligible to utilize either sick or annual leave but at each anniversary of employment should the total working time during the preceding year amount to [578]*578the equivalent of six months or more he shall be paid all accumulated annual leave not in excess of those allowed by Per 307.03 of the rules of the division of personnel.”

RSA 98-A:6 (Supp. 1989). Both petitioners worked an equivalent of six months or more during the period beginning on his or her last service anniversary as a part-time employee and ending on the date on which his or her full-time employment began. Based upon RSA 98-A:6 (Supp. 1989), they applied to the Commission, after accepting full-time employment, to be compensated for annual leave accumulated during the partial year of part-time employment. The Commission denied their requests, relying upon an opinion issued by the attorney general’s office which concluded that “if [a] part-time employee ... accepts full-time employment prior to the completion of an anniversary year, but after the accumulation of the hours required for payment, the employee may not be compensated for those hours. . . .” The State Employee’s Association of New Hampshire, Inc. (hereinafter “the SEA”), on behalf of the petitioners, then appealed the Commission’s decision to the Board.

Upon notice of the appeal, the Board directed the petitioners to provide more information, including “the ‘Rule’ which the appellants allege to have been applied in denying them payment as described in RSA 98-A:6. . . .” In response, the SEA informed the Board that “[t]he appellants are not sure what, if any, ‘Rule’ has been applied in denying them payment as described in RSA 98-A:6.” In addition, the SEA volunteered that “[t]he appeal was brought in accordance with RSA 21-1:58 which allows an appeal to the [Board] by any permanent employee who is ‘affected by any action.’” (Emphasis in original.)

The Board dismissed the appeal, informing the petitioners by notice dated July 22,1988, that their appeal was not within the subject matter jurisdiction of the Board. The Board stated that “the actions at issue relate to the employees solely in their capacity as part-time employees.” While noting that RSA 21-1:58 permits appeals by permanent employees, the Board ruled that it lacked jurisdiction because the petitioners’ full-time status at the time of the appeal was “merely fortuitous.”

The SEA then filed a motion for reconsideration on behalf of the petitioners, reaffirming its assertion that jurisdictional requirements were satisfied under RSA 21-1:58. Further, the SEA argued that, even if RSA 21-1:58 did not apply, jurisdiction was justified under RSA 21-1:46, which authorizes the Board to hear, with certain exceptions, “appeals of decisions arising out of application of the [579]*579rules adopted by the director of personnel.” See RSA 21-1:46,1. The SEA noted that one of these rules, “Per 307.03”, is specifically referenced in the text of RSA 98-A:6 (Supp. 1989), the statute on which the petitioners’ claims are based. N.H. Code of Admin. Rules, Per 307.03. The Board denied the motion, finding no grounds for reconsideration.

On appeal to this court, the petitioners allege that the Board erred in failing to acknowledge jurisdiction over their request for review of the Commission’s decision. First, they argue that, pursuant to RSA 21-1:58, they were properly subject to the jurisdiction of the Board as permanent employees at the time of the appeal. Second, they argue that, pursuant to RSA 21-1:46, the jurisdiction of the Board would extend to them, even as part-time employees, under the circumstances of this case.

We recognize that both of the petitioners’ claims are founded upon interpretations of relevant statutes. Where possible, these statutes will be construed according to their plain meanings, Appeal of Westwick, 130 N.H. 618, 621, 546 A.2d 1051, 1053 (1988), and in the context of the statutory schemes of which they are a part. See Theresa S. v. Sup’t of YDC, 126 N.H. 53, 55, 489 A.2d 592, 593 (1985).

RSA 21-1:46 sets forth the powers and duties of the Board, requiring the Board, with certain specified exceptions, to “hear and decide appeals as provided by RSA 21-1:57 and 21-1:58 and appeals arising out of the application of rules adopted by the director of personnel. . . .” RSA 21-1:57 permits employees to appeal to the Board if affected by the allocation of a position in the State classification plan. See RSA 21-1:57. RSA 21-1:58 grants the right of appeal to permanent employees who are “affected by any application of the personnel rules.” See RSA 21-1:58.

We first address the petitioners’ claim that RSA 21-1:58 provides the Board with jurisdiction over their appeal of the Commission’s decision. In interpreting this statute, the parties arrive at different conclusions. The petitioners argue that they need only show that they were affected by the application of a personnel rule while they were permanent employees. The State responds, arguing that the personnel rule must have been applied to affect the petitioners while they held their permanent status. In other words, the parties disagree as to whether the petitioners must show the contemporaneous application of the rule or simply the contemporaneous effect of that application, together with permanent employment status, in order to justify jurisdiction.

[580]*580In reviewing RSA 21-1:58, it is clear to us that the legislature intended to confer upon State employees a specific right of appeal to the Board based upon permanent status. Permanent employees have completed a working-test period and have been recommended for permanent appointment by the proper authority. See N.H. Code OF Admin. RULES, Per 101.26. The term “permanent” reflects a degree of mutual commitment between employer and employee and an expectation that their relationship will be long-term. It is quite reasonable for the legislature to accord employees holding permanent status greater opportunity to challenge personnel decisions affecting them.

It is also reasonable to conclude that the legislature did not intend RSA 21-1:58 to confer upon such employees a right to challenge all

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Bluebook (online)
578 A.2d 868, 133 N.H. 576, 1990 N.H. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-higgins-brodersen-nh-1990.