Board of Regents of the University of Wisconsin System v. Wisconsin Personnel Commission

309 N.W.2d 366, 103 Wis. 2d 545, 1981 Wisc. App. LEXIS 3329
CourtCourt of Appeals of Wisconsin
DecidedJune 25, 1981
Docket80-1411, 80-1684
StatusPublished
Cited by30 cases

This text of 309 N.W.2d 366 (Board of Regents of the University of Wisconsin System v. Wisconsin Personnel Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Regents of the University of Wisconsin System v. Wisconsin Personnel Commission, 309 N.W.2d 366, 103 Wis. 2d 545, 1981 Wisc. App. LEXIS 3329 (Wis. Ct. App. 1981).

Opinions

DECKER, C.J.

These appeals present the question whether a probationary employe in the classified civil [549]*549service of the state of Wisconsin may appeal his discharge to the Personnel Commission. We conclude that the Personnel Commission has no subject-matter jurisdiction of such appeals and affirm the circuit court.

The Board of Regents of the University of Wisconsin System (University) petitioned for review pursuant to ch. 227, Stats., of a decision and order of the Wisconsin Personnel Commission (Personnel Commission) rejecting the University’s action terminating Steven Dropik as a probationary trainee on the grounds that the termination was arbitrary and capricious.

Dropik’s appointment as a power-plant equipment operator trainee was terminated during his training period for poor work performance. A trainee is “on a probationary period for the duration of the training program and may be separated during that period without the right of appeal, at the discretion of the appointing authority.” Sec. 230.28(5), Stats.

Edwin Young, President, University of Wisconsin System (University), petitioned for a ch. 227, Stats., review of orders and decisions of the former Wisconsin Personnel Board (Personnel Board) and the present Personnel Commission determining that Chester Miller, a probationary custodial department employe of the University, had not resigned or quit his employment; that the University failed to terminate Miller; and that such failure was arbitrary and capricious.

The circuit court concluded that neither the Personnel Board nor the Personnel Commission had subject-matter j urisdiction to consider the appeals of Dropik and Miller. Reversal of the orders and decisions was adjudged by the circuit court and the proceedings were remanded to the Personnel Commission with directions to dismiss the appeals for lack of subject-matter jurisdiction.1

[550]*550We confine our opinion to the question of subject-matter jurisdiction and the related issues presented by the parties.

THE DROPIK CASE

We reject Dropik’s contention that subject-matter jurisdiction of the Personnel Commission cannot be reviewed pursuant to ch. 227, Stats., and can only be contested by certiorari. The fallacy in the contention is that although certiorari, common-law or statutory, is an appropriate remedial vehicle for an attack on an administrative agency’s jurisdiction,2 ordinarily where the legislature pro[551]*551vides for a unified system of review the statutory system of review is the preferred method.3

Questions of law are reviewable, secs. 227.20(3) and (5), Stats., and jurisdiction is a reviewable question of law.4

It is well established that questions of law, including the interpretation and application of a statute, are reviewable by this court ab initio. Sec. 227.20(5); Boynton Cab Co. v. DILHR, [96] Wis. 2d [396], 291 N.W.2d 850 (1980); Wisconsin Bingo Supply & Equipment Co., Inc. v. Wisconsin Bingo Control Bd., 88 Wis. 2d 293, 308, 276 N.W.2d 716, [723] (1979). Jaeger Baking Co. v. Kretschmann, 96 Wis. 2d 590, 594, 292 N.W.2d 622, 624 (1980).

Decisions of an administrative agency which deal with the scope of the agency’s own power, as in this case, are not binding on this court. Wisconsin’s Environmental Decade, Inc. v. Public Service Commission, 81 Wis. 2d 344, 351, 260 N.W.2d 712, 716 (1978); Big Foot Country Club v. Department of Revenue, 70 Wis. 2d 871, 875, 235 N.W.2d 696, 698 (1975).

Dropik also contends that the doctrine of res judicata precludes the University from challenging the subject-matter jurisdiction of the Personnel Commission. The contention is predicated upon a 1976 declaratory ruling of the Personnel Commission pursuant to sec. 227.06(1), Stats. The statute provides in part: “A declaratory ruling shall bind the agency and all parties to the proceeding on the statement of the facts alleged, unless it is altered or set aside by a court. A ruling shall be subject to review in the circuit court in the manner provided for the review of administrative decisions.”

[552]*552The Personnel Commission determined pursuant to its 1976 declaratory ruling that it had subject-matter jurisdiction to hear appeals of civil service probationers. A representative of the University was a party to the proceeding.

Wisconsin rejects the application of the doctrine of res judicata to the proceedings of an administrative agency. City of Fond du Lac v. DNR, 45 Wis. 2d 620, 625, 173 N.W.2d 605, 608 (1970). Section 227.06(1), Stats., simply requires internal consistency within a proceeding by binding the agency within that proceeding to its declaratory ruling. Although consistency is a virtue of any adjudicatory body, jurisdictional finality is limited to the proceeding before it.

Even if the long-standing denial of res judicata effect to an administrative determination were to be overhauled and modernized, it would not be applicable to the circumstances of this case because Miller and Dropik were not parties to the declaratory ruling of the Personnel Board. Also, the issue is a question of law to which res judicata principles would be inapplicable.

Res judicata is also inapplicable because the declaratory ruling determined the jurisdiction and power of the administrative agency. Administrative agencies are tribunals of limited jurisdiction dependent upon a statutory grant of authority. Peterson v. Natural Resources Board, 94 Wis. 2d 587, 592-93, 288 N.W.2d 845, 848 (1980); Village of Silver Lake v. Department of Revenue, 87 Wis. 2d 463, 468, 275 N.W.2d 119, 122 (Ct. App. 1978). Administrative determinations made without subject-matter jurisdiction are void and therefore subject to inquiry.

For the purpose of judicial review of the declaratory ruling, the reviewing court is not concluded by the agen[553]*553cy’s determination of its jurisdiction. See Wisconsin's Environmental Decade, supra; Big Foot Country Club, supra. For the purposes of another proceeding, as is the case here, an administrative agency cannot conclusively settle the question of its jurisdiction, thereby endowing itself with power other than that granted by statute.

The question is essentially one of statutory construction. “On appeal, the construction and interpretation of a statute adopted by an administrative agency is ordinarily entitled to great weight.

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

Related

Kriska v. Wisconsin Employment Relations Commission
2008 WI App 13 (Court of Appeals of Wisconsin, 2007)
Keup v. Wisconsin Department of Health & Family Services
2004 WI 16 (Wisconsin Supreme Court, 2004)
State v. Haines
2003 WI 39 (Wisconsin Supreme Court, 2003)
Tagatz v. Township of Crystal Lake
2001 WI App 80 (Court of Appeals of Wisconsin, 2001)
West v. Department of Commerce
601 N.W.2d 307 (Court of Appeals of Wisconsin, 1999)
Duello v. Board of Regents of the University of Wisconsin System
583 N.W.2d 863 (Court of Appeals of Wisconsin, 1998)
Duello v. BD. OF REGENTS OF UNIV. OF WISCONSIN
583 N.W.2d 863 (Court of Appeals of Wisconsin, 1998)
Association of Career Employees v. Klauser
536 N.W.2d 478 (Court of Appeals of Wisconsin, 1995)
Kell v. Raemisch
528 N.W.2d 13 (Court of Appeals of Wisconsin, 1994)
State v. Wisconsin Department of Natural Resources
515 N.W.2d 897 (Wisconsin Supreme Court, 1994)
Lindas v. Cady
515 N.W.2d 458 (Wisconsin Supreme Court, 1994)
Loomis v. Wisconsin Personnel Commission
505 N.W.2d 462 (Court of Appeals of Wisconsin, 1993)
Hazelton v. State Personnel Commission
505 N.W.2d 793 (Court of Appeals of Wisconsin, 1993)
Lindas v. Cady
499 N.W.2d 692 (Court of Appeals of Wisconsin, 1993)
Republic Airlines, Inc. v. Wisconsin Department of Revenue
464 N.W.2d 62 (Court of Appeals of Wisconsin, 1990)
General Castings Corp. v. Labor & Industry Review Commission
449 N.W.2d 619 (Court of Appeals of Wisconsin, 1989)
Ledger v. City of Waupaca Board of Appeals
430 N.W.2d 370 (Court of Appeals of Wisconsin, 1988)
Guerin v. Labor & Industry Review Commission
359 N.W.2d 162 (Court of Appeals of Wisconsin, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
309 N.W.2d 366, 103 Wis. 2d 545, 1981 Wisc. App. LEXIS 3329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-regents-of-the-university-of-wisconsin-system-v-wisconsin-wisctapp-1981.