Cheyenne Newspapers, Inc., d/b/a the Wyoming Tribune-Eagle, a Wyoming corporation v. City of Cheyenne, Wyoming

2016 WY 125, 386 P.3d 329, 45 Media L. Rep. (BNA) 1151, 2016 Wyo. LEXIS 139
CourtWyoming Supreme Court
DecidedDecember 23, 2016
DocketS-16-0103
StatusPublished
Cited by11 cases

This text of 2016 WY 125 (Cheyenne Newspapers, Inc., d/b/a the Wyoming Tribune-Eagle, a Wyoming corporation v. City of Cheyenne, Wyoming) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cheyenne Newspapers, Inc., d/b/a the Wyoming Tribune-Eagle, a Wyoming corporation v. City of Cheyenne, Wyoming, 2016 WY 125, 386 P.3d 329, 45 Media L. Rep. (BNA) 1151, 2016 Wyo. LEXIS 139 (Wyo. 2016).

Opinion

FOX, Justice.

[¶1] The Cheyenne City Council created the Employee Investment Study Implementation Team (EIS Team) to consider alternative means of implementing the recommendations of a staffing and compensation study conducted by the City’s contractor. The City refused the newspaper’s request that the EIS Team meetings be open to the public, and the newspaper sued the City, requesting an order declaring that the EIS Team must comply with the Wyoming Public Meetings Act. The district court entered summary judgment in favor of the City, holding that the EIS Team was not subject to the Act. We affirm.

ISSUE

[¶2] Cheyenne Newspapers, Inc. (Tribune-Eagle) submits three issues on appeal, which we narrow to the following question: Is the EIS Team an “agency” subject to the Wyoming Public Meetings Act?

FACTS

[¶3] In 2012, the City of Cheyenne (City) hired Mercer Group, Inc. to conduct an employee investment study , to determine appropriate staffing levels and pay ranges for various departments, and classifications of City employees. In anticipation of receiving the Compensation and Classification Study (Mercer Study), the City Council passed, Resolution No. 5508, which created the EIS Team. The full text of Resolution No. 5508 reads:

WHEREAS, the City of Cheyenne engaged the Mercer Group, LLC, to conduct an employee investment study to determine appropriate staffing levels and pay ranges for the various departments and classifications of City employees; and
WHEREAS, it is anticipated that the Mercer Group, LLC, will complete the employee investment study prior to the end of July 2013; and
WHEREAS, various members of the Governing Body-of the City of Cheyenne have expressed an interest in serving on a committee to consider alternative means of implementing the recommendations of the Mercer Group following completion of the employee investment study; and
WHEREAS, it would be beneficial if representatives of employee groups covered by the employee investment study, and various members of the City’s administrative staff also serve on the committee; and
WHEREAS, a final plan must be submitted to the Governing Body for approval no later than January 1, 2014, and implementation process must begin with the Fiscal Year 2015 Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY .OF CHEYENNE, WYOMING, that the “Employee Investment Study Implementation Team” is hereby created; that said team be composed of the following individuals (in alphabetical order): Sean Allen [City Council member], Jim Brown [City Council member], Bill *332 Gonzales [City Public Works employee], Lois Huff [City Treasurer], Rick Kaysen [City Mayor], Tim Rumpf [City Police Department employee], Jason Sanchez [City Parks & Recreation employee], Theresa Snyder [City Clerk’s office employee], Sara Vasquez [City Treasurer’s office employee], and Rich Wiederspahn [City Human Resources Director], and that said Team be directed to consider the recommendations of the employee investment study and alternative methods of imple-mentiny those recommendations which are approved by the Governing Body of the City of Cheyenne.

(Emphasis added.)

[¶4] Upon completion of the Mercer Study, the City Council passed Resolution No. 6535, which acknowledged receipt of the Mercer Study 1 and referred it to the EIS Team. Resolution No. 5535 reads in part:

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OP CHEYENNE, WYOMING, that the Governing Body acknowledges receipt of “The City of Cheyenne, Wyoming, Compensation and Classification Study, Final Report,” dated October 1, 2013, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that “The City of Cheyenne, Wyoming, Compensation and Classification Study, Final Report,” dated October 1, 2018, is hereby referred to the “Employee Investment Study Implementation Team” to-consider the recommendations of said Compensation and Classifícation Study and to prepare a plan containing alternative means of implementing all or some of the recommendations of said study, together with such other recommendations as shall be forthcoming upon final completion of the employee investment study, said implementation plan to be presented to the Governing Body no later than February 1, 2014, or such other date as may be determined by the Governing Body.

[¶5] The City conceded that, if it proceeded to implement changes to City employee classification and compensation pursuant to the EIS Team’s recommendations, it would be required to do so by adopting an ordinance. “An ordinance is a legislative act prescribing general, uniform and permanent rules of conduct or government, to continue in force until the- ordinance is repealed.” Cheyenne, Wyo., Code § 2.04.150 (2016). The public would then be afforded its right to public meetings through the ordinance process. Wyo. Stat. Ann. § 16—1—115(c) (LexisNexis 2015) (“Every ordinance shall be publicly read on three (3) different days. Public reading may be by title only. At least ten (10) days shall elapse between the introduction and final passage of every ordinance.”); see also Cheyenne, Wyo., Code § 2.04.160(B) (2016) (“An ordinance, resolution, approval of a bid for public improvements, contracts or other matters brought before the governing body shall be referred to a city council standing committee prior to final action.”).

[¶6] Before the EIS Team met, the Tribune-Eagle petitioned the district court for declaratory judgment that the EIS Team must conduct its meetings in public as required by the Wyoming Public Meetings Act (the Act), Wyo. Stat. Ann. §§ 16-4-401 through 16-4-408 (LexisNexis 2015), and it sought an injunction prohibiting the committee from meeting unless it complied with the Act. The City admitted that “it has taken the position that the [EIS Team] is not subject to the provision of W.S. §§ 16-4-401 through 16-4-408 pertaining to open meetings,” it agreed that the EIS Team would not meet until the litigation was resolved, and the district court did not rule on the request for a preliminary injunction.

[¶7] The - City filed a motion for summary judgment, arguing that the EIS Team was not an “agency” and not subject to the Act. The district court allowed the parties to conduct additional discovery prior to the hearing on the motion. The Tribune-Eagle deposed Councilman Jim Brown and Mayor Richard Kaysen, posing several questions relating to the future actions of the EIS Team, to which the City objected, largely on the grounds that the testimony was speculative. The Trib *333 une-Eagle attached both deposition transcripts to its response in opposition to the City’s motion for summary judgment. The City objected to the Tribune-Eagle’s use of the depositions, arguing that it timely objected to portions of the testimony that were speculative and called for legal conclusions.

[¶8] The district court granted the City’s motion for summary judgment.

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Bluebook (online)
2016 WY 125, 386 P.3d 329, 45 Media L. Rep. (BNA) 1151, 2016 Wyo. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheyenne-newspapers-inc-dba-the-wyoming-tribune-eagle-a-wyoming-wyo-2016.