City of Evansville v. Braun

619 N.E.2d 956, 1993 Ind. App. LEXIS 1025, 1993 WL 326838
CourtIndiana Court of Appeals
DecidedAugust 31, 1993
DocketNo. 82A01-9301-CV-23
StatusPublished
Cited by3 cases

This text of 619 N.E.2d 956 (City of Evansville v. Braun) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Evansville v. Braun, 619 N.E.2d 956, 1993 Ind. App. LEXIS 1025, 1993 WL 326838 (Ind. Ct. App. 1993).

Opinion

ROBERTSON, Judge.

This is an appeal upon a judgment in favor of plaintiffs, William S. Braun, Kenneth Taylor, Richard Hubbard and all other members of the Evansville Police Department similarly situated after a bench trial on the officers' complaint against the City of Evansville and the Evansville Police Merit Commission. The officers alleged in their complaint that the City had breached its contract with the officers by failing to pay probationary officers overtime for time spent at the Indiana Law Enforcement Academy and various meetings with the Evansville Police Merit Commission and the Police Personnel and Training Unit.

The City of Evansville argues in this appeal that the trial court's findings that probationary officers were members of the Evansville police department who were covered by the contract; that the officers were entitled to overtime compensation for the overtime incurred as a consequence of required training at the Indiana Law En-foreement Academy; that the City and the Fraternal Order of Police had entered into contracts since 1974; and, that complete records were available for each of the members within the class are clearly erroneous. In addition, the City argues that the trial court's conclusion it had failed to prove laches is clearly erroneous.

We affirm.

The trial court found the facts specially and stated its conclusions thereon pursuant to Ind.Trial Rule 52(A). Where the trial court has heard the evidence and has had the opportunity to judge the eredi-[958]*958bility of witnesses, we will not set aside the findings of the trial court unless they are clearly erroneous. Indianapolis Convention & Visitors Ass'n, Inc. v. Indianapolis Newspapers, Inc. (1991), Ind., 577 N.E.2d 208, 211; T.R. 52(A). In determining whether findings of fact are clearly erroneous, we do not reweigh the evidence or determine the credibility of witnesses, but consider only evidence that supports the judgment and reasonable inferences to be drawn from the evidence. Indianapolis Newspapers, 577 N.E.2d at 211. Only where the record contains no facts or inferences supporting the findings are the findings clearly erroneous. Uncontradieted evidence will sometimes support conflicting inferences and, when this is the case, the inferences drawn by the trier of fact will prevail. Id.

The intention of the parties controls our decisions regarding the substance of agreements. That intention is expressed by the clear language of the contract. A court 'will not construe an unambiguous contract. Where the terms of the contract are clear, the court merely applies its provisions. Unambiguous language is conclusive upon the parties and the courts. We must effectuate the intent of the parties. Scott v. Anderson Newspapers (1985), Ind.App., 477 N.E.2d 553, 559. Language in a contract is given its plain and ordinary meaning, Romain v. A. Howard Wholesale Co. (1987), Ind.App., 506 N.E.2d 1124, 1126, unless the contract indicates otherwise.

The contract at issue identifies the parties to the agreement as the City of Evansville through certain named persons or bodies and the

Members of the Police Department of the City of Evansville Indiana: A vote shall be taken at Police Headquarters ... on the said Contract by the Fraternal Order of Police, Evansville Lodge No. 78. Inc., at which time members of the Evansville Police Department, hereinafter called "employees" shall vote on said Contract and the terms thereof and shall be approved by simple majority vote ... The Board of Directors of the F.O.P. shall sign the Contract on behalf of the employees.

The next two sections of the contract provide:

Article I. "PREAMBLE"
This Agreement is entered into between the City of Evansville ... and Evansville Lodge No. 73, Inc., hereinafter referred to as "Employees". It is the purpose of this Agreement to achieve and maintain harmonious relations between the Employer and Employees of the Evansville, Indiana Police Depart ment.1
Article IL "RECOGNITION"
The Employer recognizes the F.O.P. as the exclusive bargaining agent for all police officers on the payroll of the Evansville Police Department during the term of this Agreement who are covered by the Pension Law, but excluding the Chief of Police, said employees hereinafter referred to as the bargaining unit.

The specific agreements of the parties follow immediately after these sections.

On its face, the agreement recognizes two distinct groups of police officers: the members of the department ("employees") who for purposes of the contract are represented by the Fraternal Order of Police ('Employees") and are a party to the agreement, and all police officers on the payroll covered by the Pension Law (the bargaining unit) for whom the Fraternal Order of Police is recognized as the exclusive bargaining unit. Unambiguously, the contract states that the parties to the agreement are the members of the police department, not the members of the bargaining unit. No reasonable person would find this contract to be subject to more than one interpretation on this question.

The City of Evansville argues that probationary officers are not parties to this contract as they are not members of the de[959]*959partment as that term has been defined for purposes of police pension and disability law, citing State ex rel. Hensley v. Cooley (1970), 254 Ind. 453, 260 N.E.2d 598. But, Cooley holds only that certain statutory provisions governing police pension and disability benefits did not apply to probationary members of a police department; the decision says nothing about whether police departments may nevertheless enter into agreements governing other aspects of a city's employment relationship with probationary employees or whether the City of Evansville has done so in the present case. Moreover, since the decision in Cooley, the legislature has itself defined the term "member of the police department" for purposes of local government law. Now, with one exception, a police officer is an officer appointed to the department. Ind. Code 36-8-1-9 (1981) (amended 1992). In governmental units with a merit system established under the authority of 1.0. 86-8-8.5-1, an officer with a probationary status has nevertheless been appointed. I.C. 36-8-8.5-12.

Inasmuch as the police contract with the City of Evansville does not reflect an intent to exclude probationary employees from coverage generally, and does not define the term "member," the trial court applied the word's plain and ordinary meaning and concluded that the department's probationary employees were members of the department whose employment relationship with the department would be governed by the contract. Since the contract expressly restricts the availability of certain benefits to nonprobationary employees, but contains no such express limitations in its overtime provisions,2 the trial court concluded that the parties did not intend to restrict overtime pay to nonprobationary officers.

We cannot find fault with the trial court's reasoning.

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619 N.E.2d 956, 1993 Ind. App. LEXIS 1025, 1993 WL 326838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-evansville-v-braun-indctapp-1993.