City of Evansville v. Zirkelbach

662 N.E.2d 651, 1996 Ind. App. LEXIS 256, 1996 WL 116196
CourtIndiana Court of Appeals
DecidedMarch 11, 1996
Docket82A01-9508-CV-261
StatusPublished
Cited by32 cases

This text of 662 N.E.2d 651 (City of Evansville v. Zirkelbach) 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. Zirkelbach, 662 N.E.2d 651, 1996 Ind. App. LEXIS 256, 1996 WL 116196 (Ind. Ct. App. 1996).

Opinion

OPINION

BAKER, Judge.

Appellant-defendant City of Evansville, Indiana, (City) challenges the trial court's decision ordering it to reinstate appellee-plaintiff Adam V. Zirkelbach on the eligibility list for appointment to the Evansville Police Department (Department). In this appeal, the City raises one issue for review: whether pursuant to Evansville City Ordinance 8.30.37.514, an applicant for appointment to the Department must be twenty-one years of age at the time he or she files an application for appointment.

FACTS

The undisputed facts are that Zirkelbach, who was twenty years of age, filed an application for appointment to the Evansville Police Department. The City approved his application and placed him on the Applicant Eligibility List. Thereafter, the Department discovered that Zirkelbach was only twenty years of age when he filed his application, rather than twenty-one years old as allegedly required by Ordinance 3.30.37.514. On July 19, 1995, the Evansville Police Merit Commission (Commission) held a meeting to discuss whether Zirkelbach could remain on the eligibility list. The Commission determined that the ordinance required an applicant to be twenty-one years of age at the time he or she files an application for appointment to the Department and thus, voted to remove Zirkelbach from the eligibility list.

On July 20, 1995, Zirkelbach filed a complaint in the Vanderburgh Superior Court seeking a temporary and permanent injunction enjoining the City from hiring any police officers during the pendency of the proceedings and requesting the trial court to order the Commission to reinstate him on the eligibility list. On August 3, 1995, the trial court held a hearing on the propriety of injunctive relief. On August 8, 1995, after entering findings of fact and conclusions of law in which it found that an applicant for appointment to the Department was not required to be twenty-one years of age at the time he or she filed an application provided that he or she had attained twenty-one years of age at *653 the time of appointment, the trial court ordered the Commission to reinstate Zirkel-bach to the eligibility list. The City now appeals the trial court's determination that Zirkelbach was eligible for appointment claiming that the court erroneously interpreted Ordinance 8.80.37.514.

DISCUSSION AND DECISION

I. «Mootness

Initially, we address Zirkelbackh's argument that the issue raised in this appeal is moot. Specifically, Zirkelbach asserts that he is now over the age of twenty-one and has already been trained and sworn in as an Evansville police officer. Generally, an issue is deemed moot when the case is no longer live and the parties lack a legally cognizable interest in the outcome of its resolution or when no effective relief can be rendered to the parties. Huntingburg v. Phoenix Natural Resources, 625 N.E.2d 472, 474 (Ind.Ct.App.19983). However, even when an appeal is moot, we can review issues under a public interest exception which may be invoked when the case involves a question of great public importance which is likely to recur. 1 Id. Here, the parties concede, and we agree, that the hiring of police officers is an issue of great public importance, for police officers are entrusted with the civic duties of law enforcement and protection of the public. Further, it is likely that individuals who are twenty years of age will continue to apply to become police officers. Thus, the issue raised by the City fits the public interest exception and we shall examine the issue even though no practical remedy is available. 2

II. Ordinance

Now, we shall address the City's argument that the trial court erred in interpreting Ordinance 3.30.87.514 and holding that Zirkelbach was eligible for appointment to the Department. Ordinance 8.80.37.514 provides in pertinent part:

Appointment to Department; ments. require-
(A) To be appointed to the department, an applicant must be:
(1) A citizen of the United States;
(2) A High School Graduate or equivalent; and
(8) At least twenty-one (21) years of age, but under thirty-six (86) years of age. However, the age requirements do not apply to a person who has been previously employed as a member of the department.

The City argues that this ordinance should be interpreted to mean that an applicant must be twenty-one years of age at the time he or she files an application to become a member of the Department. To the contrary, Zirkelbach argues, and the trial court held, that the ordinance requires an applicant to be twenty-one years of age at the time he or she is appointed to the Department. We agree with the trial court's interpretation.

When interpreting an ordinance, the Court of Appeals will apply the same rules as those employed for construction of state statutes. Boyle v. Kosciusko County, 565 N.E.2d 1157, 1159 (Ind.Ct.App.1991). Generally, courts are not at liberty to construe a statute that is unambiguous. Hinshaw v. Bd. of Comm'rs of Jay County, 611 N.E.2d 637, 638 (Ind.1998). However, where a statute is susceptible to more than one interpretation, it is ambiguous and the reviewing court must ascertain the intent of the legislature and interpret the statute to effectuate that intent. Kelly v. Ladywood Apts., 622 N.E.2d 1044, 1047 (Ind.Ct.App.19983), trams. denied. When construing a statute, the reviewing court may look to the titles and the headings of the statute, id., and may *654 examine the grammatical structure of the clause or sentence in issue. Greyhound Financial Corp. v. R.L.C., Inc., 637 N.E.2d 1325, 1327 (Ind.Ct.App.1994).

As evidenced by the parties' differing interpretations, Ordinance 8.30.87.514 is ambiguous and thus, we must construe it so as to give effect to the intent of the legislature, in this instance the Evansville City Council First, we find it compelling that the Council chose to title Ordinance 3.30.37.514 "Appointment to Department; requirements." See Kelly, 622 N.E.2d at 1047 (reviewing court may look to titles and headings of statute in construing intent of the legislature). the Council intended for the provisions of the Ordinance to be requisites for an applicant who is merely filing an application, as opposed to one who is awaiting appointment, it could have provided for such in the title of the ordinance.

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Bluebook (online)
662 N.E.2d 651, 1996 Ind. App. LEXIS 256, 1996 WL 116196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-evansville-v-zirkelbach-indctapp-1996.