Fairfax-Falls Church Community Services Board v. Herren

337 S.E.2d 741, 230 Va. 390, 1985 Va. LEXIS 292
CourtSupreme Court of Virginia
DecidedNovember 27, 1985
DocketRecord No. 821036
StatusPublished
Cited by2 cases

This text of 337 S.E.2d 741 (Fairfax-Falls Church Community Services Board v. Herren) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fairfax-Falls Church Community Services Board v. Herren, 337 S.E.2d 741, 230 Va. 390, 1985 Va. LEXIS 292 (Va. 1985).

Opinion

RUSSELL, J.,

delivered the opinion of the Court.

This appeal raises questions with regard to the validity of contracts of employment extending over a term of several years between individual employees and an agency of local government. Appellant contends that such multi-year contracts offend the debt clause, art. VII, § 10, of the Virginia Constitution. Appellant raises further questions concerning damages for breach of such contracts. Appellees contend that such contracts fall within an exception to the application of the debt clause which authorizes long-term contracts for services.

The Fairfax-Falls Church Community Services Board (Board) is an agency created pursuant to Code § 37.1-194 et seq. to serve the County of Fairfax and the cities of Fairfax and Falls Church. It receives funds from those jurisdictions, from the Commonwealth, from federal grants, and from fees generated by mental health facilities which it operates. Code § 37.1-197(d) specifically authorizes the Board to “enter into contracts for rendition or operation of services or facilities.”

On June 1, 1978, the Board entered into a contract with Allen G. Schor, employing him as a Community Mental Health Director for a three-year period from October 27, 1978 to October 26, 1981. On April 5, 1980, the Board entered into a similar contract with Patience S. Herren, employing her as Director of Administration for the Northwest Center for Community Health for a three-year period, from April 5, 1980 to April 4, 1983. Schor and Herren performed the duties of their respective positions until [392]*392June 27, 1981. Their contracts provided that the employment could be terminated for failure of the employees to comply with the contractual terms and conditions, but did not make the employment contingent upon the funding of the positions from year to year.

On October 27, 1980, the Board entered into a “Memorandum of Agreement” with the Fairfax County Board of Supervisors which provided that the Board’s personnel on fixed term service contracts would be converted to salaried positions with the County’s “merit system” by July 1, 1981. Schor and Herren were informed that their existing contracts would be terminated on June 30, 1981, but that they would be given the option of a “voluntary, non-competitive transfer” to the County “merit system” if they would waive their rights under the existing contracts and apply for such transfer before June 30, 1981.

Rather than exercising that option, Schor and Herren filed identical motions for judgment against the Board on April 8, 1981, contending that it had committed an anticipatory breach of their contracts. While these suits were pending, they applied for transfer to the County’s “merit system.” The County’s Director of Personnel informed them, by memorandum dated April 30, 1981, that they had the option of “voluntary” transfer to the “merit system,” or standing on their rights under the existing contracts, but not both. They interpreted this response to mean that they would not be accepted into the County’s system while their suits were pending. Their employment by the Board ended June 30, 1981.

The cases were submitted to the court, without a jury, on stipulated facts. By letter opinion, the court held that the contracts of employment were continuing-services contracts which created an obligation to pay for services in installments as the services were furnished and that they, therefore, did not constitute long-term debts prohibited by the debt clause of the Virginia Constitution. The court adopted the view that because the contracts were terminated by the Board without cause, the measure of damages for breach would be the amount of compensation to accrue under the contracts from the date of breach to the end of the contract period, less mitigation. Finding that the plaintiffs had made sufficient efforts to mitigate damages, the court entered judgment against the Board for $22,440.96 in Schor’s favor and $73,828.35 in Herren’s favor, representing the compensation which would [393]*393have accrued to Schor and Herren from June 27, 1981, until the end of their respective contractual periods of employment.

Art. VII, § 10(b) of the Virginia Constitution provides: “No debt shall be contracted by or on behalf of any county or district thereof or by or on behalf of any regional government or district thereof except by authority conferred by the General Assembly by general law.” Subject to certain exceptions not pertinent here, that section also prohibits legislative authorization of any debt extending beyond the current year unless provision is made for a referendum. Approval by a majority of the qualified voters is made a prerequisite to contracting the debt. Id.

The Board argues that it is an agency of the jurisdictions which contribute to its support,

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337 S.E.2d 741, 230 Va. 390, 1985 Va. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairfax-falls-church-community-services-board-v-herren-va-1985.