Butterworth v. Wiley

600 P.2d 32, 123 Ariz. 419, 1979 Ariz. App. LEXIS 562
CourtCourt of Appeals of Arizona
DecidedApril 10, 1979
DocketNo. 1 CA-CIV 3926
StatusPublished
Cited by4 cases

This text of 600 P.2d 32 (Butterworth v. Wiley) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butterworth v. Wiley, 600 P.2d 32, 123 Ariz. 419, 1979 Ariz. App. LEXIS 562 (Ark. Ct. App. 1979).

Opinions

OPINION

HAIRE, Judge.

In September of 1972 the appellant, Stanley R. Butterworth, held the position of Chief of Data Processing for the Arizona State Department of Public Welfare. In accordance with the classification scheme of the State Personnel Commission 1 appellant was classified as an electronic data processing (EDP) Systems Analyst II. Appellant had reached (for salary and seniority purposes) a salary grade of 20, step 3, in that position.

At about this time the classification system for computer-oriented jobs in state service was under review by a task force of the Personnel Commission. The Commission was apparently of the opinion that the existing classification system no longer accurately described the available jobs within state service. As part of its evaluation of appellant’s position, the task force contacted the appellant, his supervisor, and other employees of the Department of Public Welfare, and also conducted an audit of appellant’s position.

The classification of EDP Systems Analyst II had been intended to describe a position that supervised an EDP Systems Analyst I and that was responsible for the review and study of systems for implementing and “interphasing” computer programs so as to improve the work process of any computer output function. The task force found that appellant supervised only keypunch operators and did not supervise any person classified as an EDP Systems Analyst I. It also concluded that appellant’s job did not entail the review and evaluation of data processing needs, but only the supervision of the operational production of a computer shop. Accordingly, the task force determined that appellant’s position was improperly classified, and that it should be classified as an EDP Computer Operations Supervisor I which was a lower salary grade.

The Personnel Commission thereafter notified appellant that effective October 1, 1972, his position was to be classified as an EDP Computer Operations Supervisor I at the lower salary grade, although his working title of Chief of Data Processing and the duties and responsibilities of his position had not been changed.2 By letter dated [421]*421October 18, 1972, and addressed to the Personnel Commission Director, appellant protested his new classification and requested reinstatement as an EDP Systems Analyst II at the higher salary grade. The Director responded by letter of January 17, 1973, indicating therein that the action had been reviewed and concluding that, in his opinion, appellant’s position had been properly reclassified as that of an EDP Computer Operations Supervisor I.3

Appellant took no further action until September 16, 1974, when through counsel he filed with the Personnel Division of the Department of Administration a request for review of the October 1, 1972 action. The request for review was denied on September 20, 1974, and on September 26, 1974 appellant filed this action in superior court. In superior court appellant sought relief in the form of a declaration that the alleged reclassification of October 1, 1972 was a nullity, with accompanying damages for loss of additional salary and promotions incurred as a result of the reclassification. Alternatively, appellant sought to compel a hearing pertaining to the reclassification. Following a non-jury trial, formal judgment was entered on April 8, 1977. That judgment sustained the action of the appellees “in all respects”, based upon the trial court’s findings that (1) the action with respect to the appellant had been a “reclassification” and not a demotion entitling appellant to a hearing; (2) that appellees’ action had not been arbitrary, capricious, or unreasonable; and (3) that the statute of limitations for an appeal from the reclassification had expired 35 days after the effective date of the reclassification. Appellant brings this appeal from the judgment and the subsequent denial of a motion for a new trial.

On appeal the appellant asserts that he was “demoted” and not “reclassified”; that even if it were only a “reclassification” due process would require a hearing, and that his action is not precluded by the statute of limitations. Jurisdiction in this Court to review the dismissal of a state employee is provided by A.R.S. § 41-785 F; general jurisdiction to review administrative decisions is provided by A.R.S. § 12-913. For reasons hereinafter set forth, we affirm the judgment of the superior court.

Whenever a court is asked to review the actions of an administrative agency, it must be mindful of the source and extent of its power to conduct such a review. This is particularly true here, for this case appears to fall on the borderline between two distinct review mechanisms.

Arizona’s Administrative Review Act, A.R.S. § 12-901 et seq., is a general statute authorizing the review of “a final decision of an administrative agency except where ... a separate act provides for judicial review of the agency decisions and prescribes a definite procedure for the review.” A.R.S. § 12-902 A.4 [422]*422One special act providing a separate procedure for judicial review is A.R.S. § 41-785, which is applicable in situations involving certain permanent state employees who have been “dismissed, suspended or demoted.” Thus, the applicability of one or the other of these statutes will depend upon an initial determination of whether or not appellant was actually “demoted” in October of 1972.

A.R.S. § 41-785 does not define the term “demotion”. Instead, A.R.S. § 41-782(1) authorizes the personnel board to “ [promulgate rules and regulations relating to personnel matters.” Pursuant to this authority the personnel board has issued certain rules affecting the issues in this appeal.5 Arizona Compilation of Rules and Regulations (A.C.R.R.) R2-5-01(15) defines “demotion” as “a change in the assignment of an employee from a position in one class to a position in another class having a lower salary grade.” Subsection 10 of the same rule further defines “class” as:

“[A] group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, the same test of fitness, and the same schedule of compensation have been or may be applied to each position in the group and for which a class specification has been approved.”

On the basis of these definitions, this Court is compelled to conclude that the appellant was “demoted” in October of 1972. We interpret “assignment” as referring to the employee’s position within the personnel division’s grade-and-step classification system, and not as a description of his job duties. See the text of R2-5-01(15), quoted above.

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Cite This Page — Counsel Stack

Bluebook (online)
600 P.2d 32, 123 Ariz. 419, 1979 Ariz. App. LEXIS 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butterworth-v-wiley-arizctapp-1979.