City v. Dept. of Labor and Industries

965 P.2d 619
CourtWashington Supreme Court
DecidedOctober 22, 1998
Docket66107-3
StatusPublished
Cited by26 cases

This text of 965 P.2d 619 (City v. Dept. of Labor and Industries) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City v. Dept. of Labor and Industries, 965 P.2d 619 (Wash. 1998).

Opinion

965 P.2d 619 (1998)
136 Wash.2d 693

CITY OF SEATTLE, a municipal corporation, by and through its Department of Housing and Human Services, Petitioner,
v.
STATE of Washington and its DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

No. 66107-3.

Supreme Court of Washington, En Banc.

Argued September 9, 1998.
Decided October 22, 1998.

*620 Short, Cressman & Burgess, Paul R. Cressman, Jr., Seattle, for Amicus Curiae on behalf of National Electrical Contractors Association.

Walter Williams, Asst. Seattle City Attorney, Seattle, for Petitioner.

Christine Gregoire, Attorney General, Lori A. Oliver-Hudak, Asst. Attorney General, Olympia, for Respondent.

ALEXANDER, Justice.

We are asked in this case to determine whether the petitioner, the City of Seattle (City), falls within the scope of RCW 19.28.120(1), a statute that requires an electrical contractor's license for non-utility electrical work. We hold that the City is an "entity" subject to that statute, and, thus, affirm the Court of Appeals.

FACTS

The relevant facts in this case are few and not in dispute. The City operates the Seattle Conservation Corps (SCC) through its Department of Housing and Human Services. The SCC prepares "unemployed, homeless adults for transition to full-time employment with sustainable housing." Clerk's Papers (CP) at 4. Its budget is funded through fee-for-service work. One of the SCC's projects is an "electrical project that changes inefficient light fixtures to high efficiency light fixtures in low income multi-family dwellings." CP at 11. The fees for the electrical project services are paid by various government agencies such as the Bonneville Power Administration.

On April 18, 1995, a certified electrical journeyman was installing electrical timers and lights at a work site in Seattle when an electrical inspector from the Department of Labor & Industries (Department) inspected the site and issued a noncompliance citation and stopwork order for an alleged failure to comply with RCW 19.28.120. The City contested the citation, arguing that a city is not an "entity" subject to the licensing requirements of RCW 19.28.120. The Department agreed to remove the stopwork order pending *621 resolution of the dispute. Accordingly, the matter was brought before the Washington State Electrical Board for review, notwithstanding concerns on the part of the City about the appropriateness of this forum. In August 1995 the Board ruled that municipal corporations are "entities" subject to the statute.

Despite the Board's adverse ruling, the City filed a complaint in King County Superior Court for declaratory judgment and injunctive relief. Again it argued that the City was not subject to RCW 19.28.120(1). After hearing cross motions for summary judgment the trial court granted the Department's motion, holding that "the City of Seattle is an `entity' as that term is used in RCW 19.28 and as such the City shall not engage in non-utility electrical contracting without the required licenses." CP at 185. The City appealed that decision to the Court of Appeals, Division One, which affirmed. City of Seattle v. State, 87 Wash.App. 715, 943 P.2d 337 (1997), review granted, 134 Wash.2d 1024, 958 P.2d 313 (1998). The City sought discretionary review here, and we granted its petition.

ANALYSIS

We will affirm a trial court's order granting summary judgment only if we are satisfied, after considering the facts in the light most favorable to the nonmoving party, that "there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law." Barnes v. McLendon, 128 Wash.2d 563, 569, 910 P.2d 469 (1996) (citing In re Estates of Hibbard, 118 Wash.2d 737, 744, 826 P.2d 690 (1992)). This is because "[s]ummary judgment exists to examine the sufficiency of legal claims and narrow issues, not as an unfair substitute for trial." Babcock v. State, 116 Wash.2d 596, 599, 809 P.2d 143 (1991). All questions of law are reviewed de novo. Mountain Park Homeowners Ass'n v. Tydings, 125 Wash.2d 337, 341, 883 P.2d 1383 (1994) (citing Syrovy v. Alpine Resources, Inc., 122 Wash.2d 544, 548 n. 3, 859 P.2d 51 (1993)).

As we noted above, there are no relevant facts in dispute. Accordingly, the question of law that we must resolve is whether the City is an "entity" subject to the licensing requirements of RCW 19.28.120(1). The relevant language of the statute is as follows:

It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an ... electrical contractor license, issued by the department in accordance with this chapter.

RCW 19.28.120(1) (emphasis added). The term "other entity" is not defined, and its meaning is not plain—thus making the statute ambiguous. See RCW 19.28.005 (defining terms). Our approach in interpreting ambiguous statutes was well-summarized in Whatcom County v. City of Bellingham, 128 Wash.2d 537, 546, 909 P.2d 1303 (1996):

If the statute is ambiguous, the courts must construe the statute so as to effectuate the legislative intent. In so doing, we avoid a literal reading if it would result in unlikely, absurd or strained consequences. State v. Elgin, 118 Wash.2d 551, 555, 825 P.2d 314 (1992). The purpose of an enactment should prevail over express but inept wording. Id.; State ex rel. Royal v. Board of Yakima County Comm'rs, 123 Wash.2d 451, 462, 869 P.2d 56 (1994). The court must give effect to legislative intent determined "within the context of the entire statute." Elgin, 118 Wash.2d at 556 [825 P.2d 314]; State ex rel. Royal, 123 Wash.2d at 459 [869 P.2d 56]. Statutes must be interpreted and construed so that all the language used is given effect, with no portion rendered meaningless or superfluous. Stone v. Chelan County Sheriff's Dep't, 110 Wash.2d 806, 810, 756 P.2d 736 (1988); Tommy P. v. Board of County Comm'rs,

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