City of Tacoma v. Price

137 Wash. App. 187
CourtCourt of Appeals of Washington
DecidedFebruary 6, 2007
DocketNo. 34340-1-II
StatusPublished
Cited by4 cases

This text of 137 Wash. App. 187 (City of Tacoma v. Price) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Tacoma v. Price, 137 Wash. App. 187 (Wash. Ct. App. 2007).

Opinion

¶1 Michael P. Price appeals from a summary judgment in favor of the city of Tacoma (City). Under its ordinances, the City provided employees with increased longevity pay and increased vacation accrual beginning in the fifth year of the employee’s service and every fifth year thereafter. Based on the history and its interpretation of the ordinance, the City paid these increases beginning in January of the year in which the employee’s fifth year of service would be completed, not on the anniversary date of employment. The City’s practice applied to all employees. Because Price began his employment in September, he did not receive four months of increased longevity pay and increased vacation accrual for his fifth year of service, and every fifth year thereafter. He claims that the City did not pay him the correct amount of increased longevity pay and increased vacation accrual. We hold that, based on rules of statutory construction, the City paid him a correct amount of longevity pay and credited him a correct amount of vacation accrual. We affirm.

Bridgewater, J. —

FACTS

¶2 In 2004, Michael Price filed a claim for damages with the City, in which he argued that the City did not pay him the correct amount of longevity pay and did not credit him the correct amount of vacation accrual. He maintained that the City ignored the language of former Tacoma Municipal Code (TMC) 1.12.133 (1997), related to longevity pay, and the language of former TMC 1.12.220 (2003), related to vacation accrual.

¶3 In response, the City sought a declaratory judgment, asking the trial court to approve their interpretation and administration of former TMC 1.12.133 and .220.

[190]*190¶4 After discovery, both Price and the City filed motions for summary judgment and responses. The trial court: (1) applied the rules of statutory construction in interpreting the disputed provisions of the TMC, (2) interpreted the language of the disputed provisions of the TMC in favor of the City, and (3) ruled that the disputed provisions of the TMC did not violate Price’s constitutional right to equal protection. Thereafter, the trial court denied Price’s motion and granted the City’s motion. Price filed a motion for reconsideration, but the trial court denied that motion as well. Ultimately, Price appealed.

ANALYSIS

I. Standard of Review

f 5 On review of an order for summary judgment, we perform the same inquiry as the trial court. Hisle v. Todd Pac. Shipyards Corp., 151 Wn.2d 853, 860, 93 P.3d 108 (2004). Thus, the standard of review is de novo. Summary judgment is appropriate only if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” CR 56(c). Summary judgment is granted only if reasonable persons could reach but one conclusion from all the evidence. Vallandigham v. Clover Park Sch. Dist. No. 400, 154 Wn.2d 16, 26, 109 P.3d 805 (2005).

II. Terms and Conditions of Civil Service Employment

¶6 As an initial matter, Price alleges that the trial court erred when it “chose to apply the deference standard applicable to statutory interpretation, rather than contract interpretations.” Br. of Appellant at 4-5. He urges us to find that he and the City contracted for his employment. And he urges us to apply the rules of contract construction in [191]*191interpreting the disputed provisions of the TMC. We disagree with Price.

¶7 Washington courts have consistently held that the terms and conditions of public employment do not give rise to contractual rights of any form.1 Wash. Fed’n of State Employees v. State, 101 Wn.2d 536, 541-42, 682 P.2d 869 (1984); Weber v. Dep’t of Corr., 78 Wn. App. 607, 610, 898 P.2d 345 (1995); Greig v. Metzler, 33 Wn. App. 223, 230, 653 P.2d 1346 (1982). Civil service employment is controlled by the civil service statutes, subject to article I, section 23 of the Washington Constitution. State Employees, 101 Wn.2d at 542; Riccobono v. Pierce County, 92 Wn. App. 254, 263, 966 P.2d 327 (1998). In other words, “civil service employment is grounded on a contract of employment formed between the public employer and the employee, but that the contract incorporates, as implied and controlling terms, the civil service statutes as now existing or hereafter amended, subject to Washington Constitution article [I], section 23.” Riccobono, 92 Wn. App. at 263 n.25.

f 8 Therefore, the trial court did not err. In construing municipal ordinances, courts are guided by the same rules and principles governing the construction of statutes. City of Spokane v. Vaux, 83 Wn.2d 126, 128-29, 516 P.2d 209 (1973).

III. Interpretation of the Tacoma Municipal Code Provisions

¶9 Price argues that the trial court erred in construing the disputed provisions of the TMC. He claims that “the current interpretation creates ambiguity where there is none.” Br. of Appellant at 15. We disagree with Price’s position.

¶10 The construction of a municipal ordinance is a question of law, which we review de novo. See City of Pasco v. Pub. Employment Relations Comm’n, 119 Wn.2d 504, 507, 833 P.2d 381 (1992). The cardinal rule in construing a [192]*192municipal ordinance is to ascertain and give effect to the intent of the law-making body, here, the city of Tacoma. See Lacey Nursing Ctr., Inc. v. Dep’t of Revenue, 128 Wn.2d 40, 53, 905 P.2d 338 (1995). When faced with an unambiguous municipal ordinance, we derive the intent of the lawmaking body from the plain language alone. Waste Mgmt. of Seattle, Inc. v. Utils. & Transp. Comm'n, 123 Wn.2d 621, 629, 869 P.2d 1034 (1994).

¶11 At issue here is former TMC 1.12.133,2 3which in part stated:

C. Other City Personnel. Regular, probationary and appointive employees who through union agreement have elected the option of longevity pay or unrepresented employees who have been authorized to receive longevity pay by City Council action, shall receive additional compensation based on a percentage of their base rate of pay received for the class in which they are currently being paid. No application of rate may be used, in computing longevity pay.

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137 Wash. App. 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-tacoma-v-price-washctapp-2007.