Fraternal Order of Police, Lodge No. 64 v. Personnel Board of Jefferson County

103 So. 3d 17, 2012 WL 3631161, 2012 Ala. LEXIS 109
CourtSupreme Court of Alabama
DecidedAugust 24, 2012
Docket1100430
StatusPublished
Cited by10 cases

This text of 103 So. 3d 17 (Fraternal Order of Police, Lodge No. 64 v. Personnel Board of Jefferson County) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fraternal Order of Police, Lodge No. 64 v. Personnel Board of Jefferson County, 103 So. 3d 17, 2012 WL 3631161, 2012 Ala. LEXIS 109 (Ala. 2012).

Opinion

MURDOCK, Justice.

The Fraternal Order of Police, Lodge No. 64, and three employees of the Jefferson County Sheriffs Office — Sgt. Robert Thompson, Lt. W.D. McAnally, and Capt. Aubrey Leon Finley (hereinafter “the employees”) — appeal from the summary judgment in favor of Jefferson County (“the County”), the Personnel Board of Jefferson County (“the Personnel Board”), and Jefferson County Sheriff Mike Hale (“the sheriff’)1 in the employees’ action regarding the suspension of merit pay raises for classified employees of the Jefferson County Sheriffs Office. We affirm the judgment of the circuit court.

I. Facts and Procedural History

In the circuit court, the parties stipulated that certain facts were undisputed and that this case could be decided as a matter of law. A memorandum opinion issued by the circuit court in conjunction with the entry of its judgment states:

“1. In 1935, the Alabama Legislature passed Act 1935-284, which created a unified civil service system for employees of Jefferson County, the City of Birmingham, and many of the County’s municipalities. (See Act 1935-284, 1935 Acts of Alabama at p. 691.) This Act was revised and re-enacted in 1945, and subsequently has been amended from time to time. (See Act 1945-248, 1945 Acts of Alabama at p. 376.) This Act is commonly known as the ‘Enabling Act.’
[20]*20“2. The Jefferson County Personnel Board is the body created by the Enabling Act to implement the merit system. (Id.)
“3. The Personnel Board is authorized to establish Rules and Regulations to implement the provisions of the Enabling Act. Such Rules and Regulations, when so promulgated, ‘shall have the force and effect of law unless they are contrary to the provisions of [the Enabling Act].’ (See Enabling Act, § 12.)
“4. Two of the individual plaintiffs (W.D. McAnally and Aubrey Leon Finley) are regular classified employees of the Jefferson County Sheriffs Office, are subject to the Enabling Act, are otherwise eligible for step increases, and but for the Sheriffs decision to withhold step increases for his employees, would receive step increases. The third individual plaintiff, Robert Thompson, is compensated at Step 10 of the applicable pay grade and therefore could not receive a step increase in any event.[3]
“5. On April 27, 2010, Hon. Ray Fitzpatrick, an attorney representing the Jefferson County Fraternal Order of Police, Lodge No. 64, sent a letter to Lor-ren O. Oliver, [Personnel Board] Director of Personnel, arguing that merit pay increases are mandatory each year pursuant to various provisions of the Enabling Act and the [Personnel Board] Rules and Regulations, conditioned only on the employee’s satisfactory job performance. In short, Mr. Fitzpatrick argued that [Personnel Board] Rule 8.2(c) and Section 12 of the Enabling Act provide that a satisfactory performance rating is the sole and exclusive factor that may be considered by an Appointing Authority[4] in exercising its discretion to award or withhold merit increases. Mr. Fitzpatrick requested that the Director ‘take such actions as are required to ensure that implementation of all merit increases which have become due in the period since July 14, 2009 with the provision of appropriate backpay.’ (See Affidavit of Lorren Oliver, Ex. 1.)
[21]*21“6. On May 11, 2010, the Director issued a written letter determination. The Director concluded that ‘Section 12 of the Enabling Act does not make merit step increases mandatory’ and that ‘Section 12 ... does [not] provide that an Appointing Authority may not consider its own fiscal circumstances and conditions in determining whether to exercise its discretion afforded under Rule 8.2(c).’
“7. By letter of May 18, 2010, Mr. Fitzpatrick requested that this matter be placed on the agenda for consideration by the full Board.
“8. At its regularly scheduled. June 8, 2010, business meeting, the three-member Personnel Board received oral argument from Mr. Fitzpatrick, representing the Jefferson County Fraternal Order of Police, Lodge No. 64, and from Hon. Rob Riley and Jay Murrill, representing the Sheriff. The Board upheld the Director’s May 11 determination.
“9. The Jefferson County Sheriffs Department is not the only employer subject to the Enabling Act that has suspended merit step increases. The Personnel Board itself has suspended such increases for its own employees for the past two fiscal years....
“Stipulated Facts
“On December 1, 2010, the plaintiffs and Defendant Personnel Board entered into a stipulation of facts.... [T]he following stipulated facts are deemed to be undisputed ...:
“ ‘The three-member Personnel Board has adopted Rule 8.2(c) governing the provision of merit raises for classified employees....
“ ‘The Board’s Director has authorized other guidance documents published by the [Personnel Board] and has directed staff to apply procedures for the administration of merit raises as explained in this paragraph. Those procedures have not been specifically approved by the three-member Board. The procedures that are applied by the Director and staff generally work as follows. Each Regular Classified Employee has his or her own ‘anniversary date’ on which step increases may be given. A Regular Classified Employee may not receive more than one step increase in a year. If the Appointing Authority is granting step increases for the year, and if the employee otherwise qualifies for a step increase (e.g., is not already at the maximum step for the applicable pay grade, and has a qualifying performance evaluation), then the step increase is implemented by the Appointing Authority initiating a Personnel Action in the Lawson System. The Personnel Action for a step increase is entered on Lawson screen PA-52.1. When the Personnel Action is initiated, the Lawson System logic automatically routes the action for necessary approvals and validations. When this is complete, the employee’s step and corresponding rate of compensation are increased. The employee’s anniversary date remains unchanged. In the case of the Sheriffs Office, the step increase personnel actions are initiated by the Sheriffs Office to the Jefferson County Human Resources Department, which then transmits the actions via interface file to the Personnel Board. If the Appointing Authority does not initiate a step increase for an employee into the system, the employee does not receive it.
“ ‘The [Personnel Board] Rules and Regulations were revised during the tenure of Dr. Ronald R. Sims, appointed as Receiver by orders entered in United States v. Jefferson County, No. CV-75-666 (N.D. Ala.). The Re[22]*22ceiver was given broad authority over the Personnel Board, including the powers of the Director as provided for in the Enabling Act. The Receiver was not given authority to take any action contrary to the requirements of the Enabling Act. Through a series of orders, the federal court has since restored authority to the three member Board and its Director.
“ ‘During the Receivership, the Rules and Regulations were revised in January 2003, May 2003, and April 2005.

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Bluebook (online)
103 So. 3d 17, 2012 WL 3631161, 2012 Ala. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraternal-order-of-police-lodge-no-64-v-personnel-board-of-jefferson-ala-2012.