Bouza v. Gallagher

416 N.W.2d 126, 1987 Minn. App. LEXIS 5070, 1987 WL 4522

• Court: Court of Appeals of Minnesota
• Decided: December 1, 1987
• Docket: C1-87-1147
• Status: Published

Opinions

OPINION

NIERENGARTEN, Judge.

Relator Minneapolis Police Chief Anthony Bouza appeals from two decisions of the Minneapolis Civil Service Commission which determined police inspectors are classified positions subject to the rules and regulations of the Commission. Bouza contends the Commission’s decision was arbitrary and capricious, not supported by substantial evidence, and based on an erroneous theory of law. Bouza also contends the Commission exceeded its authority and that the Public Employees Labor Relations Act preempts the jurisdiction of the Commission. We reverse.

FACTS

Police inspectors in Minneapolis are high-ranking administrative/managerial positions. Inspectors are one rank below deputy chief, but one rank above police captain. In May 1986, Minneapolis Police Chief Anthony Bouza issued an order which revised the duties of police inspectors to include precinct command and subsequently assigned an inspector to command the fifth precinct. According to the job classifications of the Minneapolis Civil Service Commission (Commission), only police captains may command a precinct. The Minneapolis Police Officers Federation (Federation) filed a formal protest with the Commission challenging the duty revision and personnel assignment.

The Commission held a hearing and received testimony from Bouza, two police captains, and a former Chief of Police. The Commission decided by a 2 to 1 vote that police inspectors are in the classified service and subject to all civil service rules and regulations, except the rules relating to appointment and removal. The Commission consequently determined inspectors may not command a precinct.

Bouza requested a rehearing and asked the Commission to consider a recently-discovered petition which was dated January 3, 1961, and signed by Carl Johnson and H. Bud Hawkins, past presidents of the Police Officers Federation and Firefighters Local 72. The petition requested that several positions in the police and fire departments, including police inspector, be placed in the unclassified service. At that time, police inspector positions could be placed in the unclassified service either by amendment of the city charter or by legislative act.

On January 13, 1961, the city council adopted a resolution directed to the city’s legislative delegation recommending that Minneapolis police inspectors be placed in the unclassified service. The resolution resulted from the union’s January 1961 petition. The legislature enacted the following act:

An act relating to the assignment of employees within the police department of the city of Minneapolis.

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Section 1. Minneapolis, police department, employee appointments. Notwithstanding any provisions of the Minneapolis city charter, veterans’ preference, or civil service law, rule, or regulation to the contrary, the superintendent of police of the city of Minneapolis may appoint the inspector of police, the deputy inspectors of police, the inspector of detectives, the head of the morals squad, and the license inspector, such personnel to be appointed from among the members of the Minneapolis police department holding at least the rank of patrolman.

Sec. 2. Superintendent to appoint and discharge. Such positions may be filled by the superintendent of police without examination and such appointees may be removed by him at will.

Sec. 3. Civil service status. A member of the police department accepting such appointment shall retain his civil service status and seniority, and time served in such appointive position shall be credited in computing his seniority in the permanent civil service classification held by him immediately prior to accepting such appointive position.

Upon removal from such appointive position he shall be returned to his permanent civil service classification.

If no vacancy is available in his permanent civil service classified position, seniority shall prevail and the person most recently certified to such position shall be returned to the permanent civil service classification held by him prior to such certification.

1961 Minn.Laws ch. 108. Chapter 108 was amended eight years later. The superintendent of police was redesignated chief of police and given authority to appoint three deputy chiefs of police, five inspectors of police, and other personnel. See 1969 Minn.Laws ch. 604, § 1.

The Commission held a second hearing on June 11, 1987 at which it heard testimony from the Minneapolis Fire Chief, Harmon Ogdahl, a city council member in 1961 and state senator from 1963 to 1980 and Richard Nelson, vice president of the Federation in 1961. Ogdahl testified about the city council’s intent in requesting the 1961 legislation and the legislature’s intent in enacting Chapter 108. Nelson testified about discussions he had as Federation president prior to the 1969 amendments.

On June 12, 1987, the Commission affirmed its earlier decision by a 3 to 0 vote. Bouza challenges the Commission’s decisions by writ of certiorari.

ISSUE

Was the position of inspector of police removed from the classified service of the City of Minneapolis by 1961 Minn.Laws ch. 108?

ANALYSIS

A reviewing court will defer to an administrative agency when the agency is performing its function as a factfinder. See State ex rel. Jenson v. Civil Service Commission of Minneapolis, 268 Minn. 536, 538, 130 N.W.2d 143, 146 (1964), cert. denied, 380 U.S. 943, 85 S.Ct. 1023, 13 L.Ed.2d 962 (1965). However, when an administrative agency’s conclusions are “based on legal rather than factual considerations, the reviewing court is not bound by the decision of the agency and need not defer to agency expertise.” No Power Line, Inc. v. Minnesota Environmental Quality Council, 262 N.W.2d 312, 320 (Minn.1977). Since the facts of this case are uncontested and the parties dispute only the Commission’s jurisdiction and its interpretation of the law, we will independently review the evidence and come to our own conclusions. See id.

Civil Service Status

The Minneapolis City Charter states that all city employees are in the classified service unless specifically excluded. See Charter of the City of Minneapolis, ch. 19, § 4 (as amended July 27, 1972). Positions in the unclassified service are not “subject to examination or affected as to their selection, appointment, discharge or removal.” Id. Positions may be added to the unclassified service only by referendum or by special law. See Minn.Const. art. XI, §§ 2, 4 (1958). Bouza contends police inspectors were placed in the unclassified service by 1961 Minn.Laws ch. 108 and cites section 3 of that act which addresses “civil service status.”

A member of the police department accepting such appointment shall retain his civil service status and seniority, and time served in such appointive position shall be credited in computing his seniority in the permanent civil service classification held by him immediately prior to accepting such appointment.

Upon removal from such appointive position he shall be returned to his permanent civil service classification.

If no vacancy is available in his permanent civil service classified position, seniority shall prevail and the person most recently certified to such position shall be returned to the permanent civil service classification held by him prior to such certification.

1961 Minn.Laws ch. 108, § 3.

The Commission concluded police inspectors are subject to civil service regulations, except for appointment and removal, and cites civil service documents which refer to inspectors as “classified positions” whose appointments are “not subject to competitive examinations.” We note that administrative interpretations of legislative acts should be considered. See Beck v. Groe, 245 Minn. 28, 43, 70 N.W.2d 886, 897 (1955). However, administrative interpretations are not'binding on courts and may be disregarded if “found to be erroneous and in conflict with the expressed purpose of the statute and the intention of the legislature.” Id.

The intent of the legislature is not to be defeated by placing a narrow or technical construction upon words if the context and the purpose of the statute as a whole indicate that they were used in a popular sense with a broader meaning. Where the words are not explicit, the object of the statute, the mischief to be remedied, and the consequences of a particular interpretation may be considered in ascertaining legislative intent.

Governmental Research Bureau, Inc. v. Borgen, 224 Minn. 313, 322, 28 N.W.2d 760, 765 (1947). See Minn.Stat. § 645.16 (1986). We conclude the Commission’s interpretation of Chapter 108 is contrary to the expressed purpose of the act and the intention of the legislature.

Chapter 108 as amended vests the chief of police with authority to make a limited ■ number of discretionary appointments to high-level managerial positions within the department. The act obviously is designed to allow the chief of police to appoint administrative personnel who are accountable to the police chief for the implementation of departmental policy and to remove such personnel for nonperformance. However, we believe the act’s application is broader than mere appointment and removal as argued by the Commission. There must be concomitant authority to assign specified duties to appointive personnel consistent with their positions in order that the chief of police, charged with the responsibility of operating a police department, can fully utilize his supervisory staff. The language of the act supports this conclusion.

Seniority benefits for city employees occupying classified positions are protected under current civil service rules; they also were protected under the civil service rules existing in 1961. We can discern no reason why the legislature would preserve civil service status and seniority for police inspectors unless the legislature also intended that persons assuming these appointive positions would be removed from the classified service. See 1961 Minn.Laws ch. 108, § 3 (“A member of the police department accepting such appointment shall retain his civil service status and seniority”). The “return” privileges provided by Chapter 108 make no sense if the appointee already is in the classified service. See id. (“upon removal from such appointive position he shall be returned to his permanent civil service classification”).

The legislative history, beginning with the 1961 request of both the Federation and Firefighter Local 72 to place police inspector in the “unclassified service,” the subsequent resolution of the city council approving that placement, and the responsive enactment of Chapter 108 all indicate a legislative intent that police inspectors are in the unclassified service.¹

Duty Assignments

It is true that, despite the unclassified status of police inspectors, the labor agreement between the Federation and the City of Minneapolis recognizes the Federation as the exclusive representative for certified employees, including “Inspector of Police.” The agreement states that duty assignments by the police department must be consistent with civil service job classifications, and that “[disputes which may arise over alleged ‘working out of class’ violations * * * shall be submitted by the Federation to the Minneapolis Civil Service Commission for resolution.” However, that same agreement between the Federation and the city unequivocally states: “Nothing herein shall be construed as a limitation upon the Employer’s managerial prerogatives including the right to modify the Table of Organization (i.e., its organizational structure) * * * .” The job description for police inspectors identifies their general responsibilities: “Under direction to do highly difficult and complex administrative work supervising all divisions of the Police Department; and to do related work as required.” Typical duties include precinct and division inspection, officer assignments, allocation of police personnel subject to the approval of the chief of police, and enforcement of all laws and ordinances. Precinct command appears to be a duty assignment consistent with the job description for police inspectors. The assignment of a police inspector to command a precinct is certainly contained in the chief of police’s right to exercise managerial prerogatives.

Finally, as a practical matter, it requires no exceptional elasticity of reasoning to conclude that inspectors’ supervisory job duties as “chief administrative assistant[s] to the [chief] of police” mandates that their supervisor, the chief, determine exactly what their duties shall be, including precinct commands. Leaving these assignments in the hands of the Commission rather than those of Chief Bouza would lead to an absurdity clearly not intended by the legislature. See Minn.Stat. § 645.1¾1) (1986).

DECISION

The Commission erred by concluding police inspectors are classified positions subject to civil service rules, except appointment and removal, and by determining the chief of police may not assign inspectors to precinct commands.

Reversed.

FORSBERG, J., dissents.

1 . The Commission heard and considered testimony from a former legislator and council member who testified about the city council’s intent in requesting the 1961 legislation and the legislature’s intent in enacting Chapter 108. We are reluctant to consider this testimony. See Washington County v. AFSCME, Council No. 91, 262 N.W.2d 163, 167 (Minn.1978) ("the affidavits of individual legislators are not competent to impeach the text of the enrolled bill”); In re State Farm Mutual Automobile Insurance Co., 392 N.W.2d 558, 569 (Minn.Ct.App.1986) (‘‘[post-session] testimony by individual legislators regarding the legislative intent is inadmissible in construing a statute"); see also Starkweather v. Blair, 245 Minn. 371, 379-80, 71 N.W.2d 869, 875-76 (1955) ("the motives of the legislative body in enacting any particular legislation are not the proper subject of judicial inquiry”).