Appeal of the City of Franklin

485 A.2d 295, 125 N.H. 761, 1984 N.H. LEXIS 305
CourtSupreme Court of New Hampshire
DecidedNovember 30, 1984
DocketNo. 84-099
StatusPublished
Cited by6 cases

This text of 485 A.2d 295 (Appeal of the City of Franklin) 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 the City of Franklin, 485 A.2d 295, 125 N.H. 761, 1984 N.H. LEXIS 305 (N.H. 1984).

Opinion

Batchelder, J.

The City of Franklin appeals a ruling by the [762]*762appellate division of the department of employment security awarding the claimant, Mildred Piper, unemployment compensation benefits. We affirm.

The claimant was tax collector for the City of Franklin for approximately thirteen years. On February 18, 1983, she voluntarily terminated her employment with the city and applied for unemployment compensation benefits. The department of employment security (DES) initially denied that application. The claimant appealed to a DES appeal tribunal, which affirmed the denial, whereupon she further appealed to the DES appellate division. The appellate division reversed, ordering that benefits be paid to the claimant. The city appealed the appellate division’s ruling. RSA 282-A:67 (Supp. 1983).

During her tenure as tax collector, the claimant shared office space with the city treasurer and city clerk, but reported directly to the city manager. On May 20, 1982, the Franklin city manager, by memorandum, directed that all staff within the city clerk’s office thereafter would be subject to the administrative supervision of the city clerk. The order did not directly alter the claimant’s responsibilities for collecting taxes, nor was her salary affected by the reorganization.

The appeal tribunal found that the claimant resented the reorganization and, on several occasions, attempted to consult directly with the city manager, who continued to insist that the claimant work directly under the city clerk. The appeal tribunal also found that the claimant had never been refused the cooperation and understanding of the city clerk or city manager and that there was, up to that time, no impingement by anyone on her performance of her official duties. The appeal tribunal further found that when the time came for the annual tax sale, the claimant was again required to conduct her efforts under the supervision of the city clerk. On January 31, 1983, the claimant was reprimanded for seeking to deal with the manager directly, rather than through the city clerk as ordered by the manager. On February 18, 1983, the claimant resigned as tax collector.

The question on appeal is whether the claimant’s voluntary termination was for a cause attributable to the employer. Our review is confined to the record, and we cannot substitute our judgment as to the weight of the evidence on questions of fact for that of the appeal tribunal. RSA 282-A:67, III, IV (Supp. 1983); see also, Appeal of Beebe Rubber Co., 124 N.H. 533, 474 A.2d 984 (1984) (interpreting nearly identical language limiting the scope of review of the appellate division). However, we will reverse the appeal tribunal where its conclusions are affected by an error of law. RSA 282-[763]*763A:67, IV (Supp. 1983). The question whether, on the facts as found by the appeal tribunal, a claimant’s voluntary termination was for a cause attributable to the employer, is a question of law for this court.

RSA 282-A:32,1(a) (Supp. 1983) provides that a person is ineligible to receive unemployment compensation benefits if “he has left his work voluntarily without good cause in accordance with the rules of the commissioner.” The rule in question provides in relevant part: “Voluntary Quit Without Good Cause. An individual shall be considered to have left his work voluntarily without good cause if, of his own choice or volition, he terminates the employee-employer relationship for a reason not attributable to the employer.” N.H. Admin. Rules, Emp 503.01.

Our cases have often repeated that this “voluntary quit” rule (formerly DES Regulation 21) is an integral part of the statute and defines and restricts its scope. See Nashua Corp. v. Brown, 99 N.H. 205, 208, 108 A.2d 52, 54 (1954); Kurowski v. New Hampshire Dept. of Employment Security, 107 N.H. 177, 179, 219 A.2d 281, 282 (1966).

In Brown, we stated, “the regulation provides in effect that the voluntary quit by the employee must have some connection with or relation to the employment in order to be compensable.” Nashua Corp. v. Brown, supra at 207, 108 A.2d at 54 (a wife’s voluntarily leaving employment to join her husband in another State is not a termination attributable to the employer); see also Putnam v. Dept. of Employment Security, 103 N.H. 495, 175 A.2d 519 (1961) (an employee’s loss of available transportation to work where employer was under no obligation to provide transportation is not a termination attributable to the employer).

The first issue on appeal is whether the city manager exceeded his authority by directing the reorganization, in violation of the city charter. Upon a review of the record, which includes the city charter of Franklin and the city’s administrative code adopted pursuant to the charter, we agree with the ruling of the appellate division that the manager exceeded his authority. The manager is responsible for supervising the administrative affairs of the city consistently with the laws of the State, the city charter, and the ordinances of the city council. Franklin City Charter § 4. The city council is required to adopt an administrative code dividing the administrative service of the city into departments. Id. § 8. Only the city council, by ordinance, “may create, consolidate, or abolish departments, divisions, and bureaus of the city and define or alter their functions and duties.” Id.

[764]*764The Administrative Code of the City of Franklin sets forth the administrative departments of the city and the titles of the officers who head such departments. City of Franklin Administrative Code, pt. 1, § 2(a). Among those city departments is a records department, to be headed by the city clerk, and the tax collection department, to be headed by the tax collector. Id., pt. 2, §§ 12, 13. Each department head is charged with responsibility “for the efficient operation of his department” and for the “exercise [of] all the powers conferred upon his office by applicable laws, ordinances and resolutions.” Id., pt. 1, § 3(a). Department heads are further authorized to prescribe departmental rules and to prepare budget reports and operations reports for the manager as required by the manager. Id., pt. 1, § 3(b), (f), (g). Department heads are empowered to establish subordinate positions and to make appointments and removals as necessary. Id., pt. 1, § 5.

The tax collection department of the City of Franklin is coequal with the records department, and the tax collector is the administrative equal of the city clerk. The power to alter that balance rests exclusively with the city council. As a result, the manager’s action conferring power upon the city clerk to supervise the tax collector was unlawful.

The claimant’s status as tax collector was substantially altered by the city manager’s unlawful directive. No longer permitted to deal with the manager directly, and subordinate to the city clerk, the claimant’s role as a department head in the city was in jeopardy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lynch v. Department of Employment & Training
2005 VT 114 (Supreme Court of Vermont, 2005)
Appeal of T & M Associates, Inc.
598 A.2d 209 (Supreme Court of New Hampshire, 1991)
Appeal of Swift
589 A.2d 590 (Supreme Court of New Hampshire, 1991)
Appeal of Simplex Wire & Cable Co.
554 A.2d 835 (Supreme Court of New Hampshire, 1988)
Appeal of New Hampshire Sweepstakes Commission
547 A.2d 241 (Supreme Court of New Hampshire, 1988)
Appeal of Peterson
495 A.2d 1266 (Supreme Court of New Hampshire, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
485 A.2d 295, 125 N.H. 761, 1984 N.H. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-the-city-of-franklin-nh-1984.