Daniel v. Board of County Commissioners

157 P.3d 275, 212 Or. App. 76, 2007 Ore. App. LEXIS 528
CourtCourt of Appeals of Oregon
DecidedApril 11, 2007
Docket05CV0456; A131473; 05CV0211; A131487
StatusPublished

This text of 157 P.3d 275 (Daniel v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. Board of County Commissioners, 157 P.3d 275, 212 Or. App. 76, 2007 Ore. App. LEXIS 528 (Or. Ct. App. 2007).

Opinion

SCHUMAN, J.

These consolidated appeals stem from a dispute between the Sheriff of Josephine County (plaintiff) and the county commissioners (defendants) over which party has the authority to promote individual sheriffs deputies.1 In the first case (A131487), defendants appeal a judgment declaring that, although defendants have the authority to set the maximum number of deputies in the sheriffs department and the department’s budget, plaintiff has “the legal right to control promotion/reclassification decisions.” In the second case (A131473), defendants appeal a judgment nullifying county legislation purporting to establish that the sheriffs department must consist of one undersheriff, one lieutenant, and eight sergeants. We conclude that defendants’ authority to fix the compensation of every deputy necessarily gives them the authority to determine how many deputies will occupy each salary level in plaintiffs department; therefore, the court erred in the declaratory judgment action to the extent that it concluded that plaintiff has the authority to increase the number of deputies receiving a particular salary set by defendants. It also erred in nullifying defendants’ legislation. We therefore vacate the declaratory judgment in A131487 and remand, and reverse the judgment in A131473.

The facts are not in dispute. In January 2005, plaintiff filled out a form requesting that defendants approve the promotion of a deputy, Banks, from the rank of sergeant, where he was earning $5,109.87 per month, to the rank of lieutenant, where he would earn $5,609.07 per month. Because neither a retirement nor a demotion had occurred, the effect of the promotion would have been to increase the number of deputies at lieutenant pay and rank from one to two. Defendants denied the request. In response, plaintiff filed a complaint seeking a judgment “instructing defendants to approve the promotion request [that] plaintiff made * * *, declaring that defendants have no legal right to control promotion decisions or otherwise dictate how plaintiff uses the [80]*80sheriffs budget allotted to him,” and awarding attorney fees to plaintiff. Both parties filed motions for summary judgment. The trial court granted plaintiffs and denied defendants’.

On June 16, 2005, while the declaratory judgment action was still pending, defendants adopted Order No. 2005-050 (the order), which fixed the number of nonunion certified deputies in the Sheriffs Department as follows: “One (1) Undersheriff; One (1) Lieutenant; and Eight (8) Sergeants.” Defendants later set the rank and salary for each deputy, including Banks, whom defendants designated as a sergeant earning a sergeant’s salary. In response, plaintiff filed a petition for writ of review, arguing that defendants had exceeded their authority in issuing the order and requesting that the order be annulled. In both actions, plaintiff argued that ORS 206.210 (set out below) gave him the authority to organize the work of the office and that such authority included the authority to set the rank and compensation of the deputies, limited only by the requirement that he stay within his budget. The trial court agreed with plaintiff and issued one judgment annulling the order and a second judgment granting plaintiffs motion for summary judgment. The court also awarded attorney fees to plaintiff in the declaratory judgment case.

Both cases involve only legal issues; we therefore review for errors of law. Baker v. City of Woodburn, 190 Or App 445, 450, 79 P3d 901 (2003), rev den, 336 Or 615 (2004); see, e.g., ORS 34.100 (appeal may be taken in a writ of review proceeding “in like manner and with like effect as from a judgment of a circuit court”); Cochran v. Connell, 53 Or App 933, 939-40, 632 P2d 1385, rev den, 292 Or 109 (1981) (when a party appeals the grant of one motion for summary judgment and the denial of a cross-motion for summary judgment, both are subject to review for errors of law if there are no genuine issues as to any material facts).

The parties agree that the distribution of authority between a county sheriff and a county board of commissioners is governed by statute. They disagree about which statutes control here and about what the statutes mean. Plaintiff, as we noted above, relies primarily on ORS 206.210:

[81]*81“Notwithstanding [civil service statutes inapplicable to this case], the sheriff may organize the work of the office of the sheriff so that:
“(1) The various duties required of the office may be assigned to appropriate departments and divisions to be performed by persons experienced and qualified for such respective kinds of work.
“(2) The duties of the various assistants, officers and deputies of the sheriff are coordinated so that, when not engaged in a particular duty specified or directed to be done and not then requiring attention, such persons shall perform the other duties required of the office and then required to be done.
“(3) The cooperation among assistants, officers, deputies and employees in the departments and divisions may be secured for the purposes of avoiding duplication of time and effort.”

Plaintiff also relies on ORS 204.635(1), which provides, “A sheriffs deputies shall be appointed by the sheriff in writing and continue during the pleasure of the sheriff.” Defendants, for their part, rely on ORS 204.116(1):

“Except as otherwise provided by law, the governing body of each county shall fix the compensation of its own members and of every other county officer, deputy and employee when the compensation of such individuals is paid from county funds.”

Both parties claim support from ORS 204.601; plaintiff focuses on subsection (2), while defendants cite subsection (1):

“(1) The county court or board of county commissioners of each county shall fix the number of deputies and employees of county officers whose compensation is to be paid from county funds.
“(2) All such deputies and employees shall be appointed by such county officer, and shall hold office during the pleasure of the appointing officer.”

Plaintiff argues that these statutes give defendants the authority to dictate only his department’s budget, its maximum number of employees, and the compensation to be [82]*82paid to deputies at each salary level; within those limits, plaintiff maintains that he has the explicit authority to hire, fire, and assign duties to deputies, as well as the implicit authority to determine how many deputies will be employed at each pay level and who those employees will be — in other words, the authority to promote and demote.

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Related

Carlson v. Myers
959 P.2d 31 (Oregon Supreme Court, 1998)
Cochran v. Connell
632 P.2d 1385 (Court of Appeals of Oregon, 1981)
Baker County v. Wolff
516 P.2d 1307 (Court of Appeals of Oregon, 1973)
Baker v. City of Woodburn
79 P.3d 901 (Court of Appeals of Oregon, 2003)
Portland General Electric Co. v. Bureau of Labor & Industries
859 P.2d 1143 (Oregon Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
157 P.3d 275, 212 Or. App. 76, 2007 Ore. App. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-board-of-county-commissioners-orctapp-2007.