City & County of Denver v. Rinker

366 P.2d 548, 148 Colo. 441, 1961 Colo. LEXIS 432
CourtSupreme Court of Colorado
DecidedNovember 27, 1961
DocketNos. 19,673 and 16,674
StatusPublished

This text of 366 P.2d 548 (City & County of Denver v. Rinker) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City & County of Denver v. Rinker, 366 P.2d 548, 148 Colo. 441, 1961 Colo. LEXIS 432 (Colo. 1961).

Opinion

Mr. Justice Pringle

delivered the opinion of the Court.

The City and County of Denver and its Manager of Safety and Excise, John M. Schooley, brought two actions, and having suffered adverse judgments in the trial court in both are here on writ of error. Because both proceedings present the same issues, we have consolidated them for the purpose of this opinion.

In the first case, Denver and Schooley brought an action for a declaratory judgment against members of the Career Service Board of the City and County of [443]*443Denver and George Hays, a deputy sheriff of the City and County of Denver as a member of a class similarly situated.

In the second case, Denver and Schooley brought a proceeding in the nature of certiorari under Rule 106, R.C.P. Colo, against the members of the Career Service Board and John B. Staugas, a jailer of the county jail in the City and County of Denver, challenging the jurisdiction of the Career Service Board to grant a hearing to Staugas upon a demotion order issued by Schooley. The proceeding leading to the demotion order was initiated by Schooley in accordance with Career Service rules upon forms furnished by the Career Service Authority for use by “agencies under Career Service, City and County of Denver.”

Denver and Schooley contend that deputy sheriffs and jailers are not subject to career service in the City and County of Denver; and that their appointment, promotion, demotion, suspension and discharge are for the uncontrolled discretion ,qf the Manager of Safety and Excise'. '

The defendant’s position is that this issue is determined by the specific language contained in the Career Service Amendment to the Charter of the City and County of Denver adopted by vote of the people of Denver.

Denver and Schooley answer this argument with the contention that if the language of the Charter Amendment in question places deputy sheriffs and jailers under Career Service, then the amendment is unconstitutional.

I.

Does the Career Service Amendment to the Charter of the City and County of Denver encompass within its scope the positions of deputy sheriffs and jailers? The question is answered in the affirmative.

In 1954 the people of Denver by popular vote passed the Career Service Amendment to the Charter of the. [444]*444City and County of Denver. Section 1 of this amendment provided:

“The Career Service shall comprise all of the employees of the City and County of Denver and their positions, except “(1) Officers of the City and County of Denver including the classified service of the fire and police * * (Emphasis supplied.)

Section 1, sub-paragraphs (2) to (9), specify in detail various other positions and employees excepted from the Career Service.

Section 9 of the amendment provides as follows:

“Repeals and Amendments. All provisions of the charter of the City and County of Denver in conflict herewith are hereby repealed, and any and all provisions thereof partly inconsistent with or contrary hereto are hereby amended to conform to this amendment.”

Denver and Schooley argue that sheriffs’ deputies and jail guards are traditionally regarded as public officials and not as employees and therefore are exempted under the terms of the Career Service Amendment itself. They cite many cases from other jurisdictions stating this proposition. The short and complete answer to this argument is that the people of Denver by Charter Amendment have specifically determined who are “officers” and who are “employees.” This they had the power to do. McNichols, Auditor, v. People ex rel. Cook, 95 Colo. 235, 35 P. (2d) 863.

Since the people of Denver have spoken in their Charter, it is not pertinent to the issue here to determine whether sheriffs and jailers were officers in the days of the Sheriff of Nottingham or at common law or in any other state. The question here is, are they “officers” or “employees” under the Charter of Denver?

A Charter amendment passed in 1916, which is now Section 315 of the Charter, provides:

“Employes ■ — • Who are Appointment Compensation Exceptions. All persons in the employ of the city and county or any of the departments thereof, whose [445]*445salaries or compensations are not fixed in this charter amendment, are hereby declared to be employes, and shall be appointed by the mayor or department head, and their compensation shall be fixed by ordinance, except that this provision shall not apply to the appointing or the compensation of the employes of the public utilities commission, nor to the appointing of the employes of the auditor, civil service commission and election commission.”

The salaries of deputy sheriffs and jailers are not set by the charter and they are therefore by charter definition, employees. McNichols v. People ex rel. Cook, supra. The 1954 Career Service Amendment to the Charter provided that all employees except officers and others specifically exempted were to be under the Career Service. Deputy sheriffs and jailers were not specifically exempted. The plain purpose of the amendment was to institute career service for all employees as defined in the Charter except those specifically exempted. This purpose was recognized and followed by all Managers of Safety following its adoption, including Schooley himself, as shown by the personnel action which he took in the Staugas matter.

Denver and Schooley contend, however, that even if deputy sheriffs and jailers are employees under the Charter they are not covered by the Career Service Amendment because two provisions of the Denver Charter enacted before the Career Service Amendment constitute an exception to the Career Service Amendment. Section 127 of the Charter provides that the ex-officio sheriff shall exercise the powers given to the sheriff by the Constitution or by general laws of the state. Section 313 of the Charter provides that whenever the Constitution or the general laws of the state permit the appointment of deputies or other subordinates by any county officer, the charter officer upon whom the powers and duties of such county officer have been conferred may appoint such deputy or deputies. C.R.S. ’53, 35-5-5 pro[446]*446vides that sheriffs may appoint deputies and revoke the appointment at their pleasure.

Denver contends that these provisions constitute special statutes and therefore must be considered as an exception to the general Career Service Amendment.

It is true, as Denver contends, that for general legislation to work a repeal of an existing special provision the intent to do so must be clear and unmistakable. El Paso County v. Shelden, 59 Colo. 499, 149 Pac. 616. It is also true that there is a presumption that all laws are passed with knowledge of those already existing and that the legislative body does not intend to repeal a statute without so declaring. Harrington v. Harrington, 58 Colo. 154, 144 Pac. 20. Counsel contends that under this doctrine the provisions of Sections 127 and 313 constitute an exception to the Career Service Amendment.

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

Related

Van Vorce v. Thomas
64 P.2d 772 (California Court of Appeal, 1937)
People Ex Rel. Coover v. Guthner
94 P.2d 699 (Supreme Court of Colorado, 1939)
People ex rel. Attorney General v. Cassiday
50 Colo. 503 (Supreme Court of Colorado, 1911)
Dixon v. People
53 Colo. 527 (Supreme Court of Colorado, 1912)
Thrush v. People
53 Colo. 544 (Supreme Court of Colorado, 1912)
Harrington v. Harrington
58 Colo. 154 (Supreme Court of Colorado, 1914)
El Paso County v. Shelden
59 Colo. 499 (Supreme Court of Colorado, 1915)
People v. Capp
158 P. 143 (Supreme Court of Colorado, 1916)
McNichols v. People ex rel. Cook
35 P.2d 863 (Supreme Court of Colorado, 1934)

Cite This Page — Counsel Stack

Bluebook (online)
366 P.2d 548, 148 Colo. 441, 1961 Colo. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-county-of-denver-v-rinker-colo-1961.