Furlong v. Gudknecht

808 F.2d 233, 1 I.E.R. Cas. (BNA) 1321
Court of Appeals for the Third Circuit·Decided December 19, 1986·No. No. 86-1052·Published·Cited by 32 cases

Opinions

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The central issue we are asked to address in this political discharge case is whether the potential for statutory succession to an elected office by an appointed deputy with ministerial duties is sufficient to demonstrate that “party affiliation is an appropriate requirement for the effective performance of the public office involved.” Branti v. Finkel, 445 U.S. 507, 518, 100 S.Ct. 1287, 1295, 63 L.Ed.2d 574 (1980). Holding that it was not, the district court granted a motion to enjoin preliminarily the defendant, Edward Gudknecht, the newly elected Republican Recorder of Deeds for the County of Bucks, from terminating the plaintiff, a Democrat, as Second Deputy to the Recorder of Deeds, a job he held for eight years. We find that, although the potential for succession is important in theory, political affiliation is inapposite to the duties of the elected office and the possibility of succession is so de minimis that the Branti burden of proof on the public employer has not been demonstrated. We will, therefore, affirm the district court's order.

I.

The plaintiff, James F. Furlong, is a registered Democrat. In January of 1978, the Democratic Recorder of Deeds for the County of Bucks, Lucille Trench, appointed Furlong to serve as Second Deputy Recorder of Deeds. Trench reappointed the plaintiff for Trench’s second four-year term in 1982.

In November of 1985, a Republican, defendant Edward Gudknecht, was elected Recorder of Deeds. Furlong had actively supported the defendant’s opponent, Democrat Janice DeVito, throughout her campaign. On January 3, 1986, Gudknecht informed Furlong that Gudknecht would terminate him on January 6, 1986, and would appoint Lillian Strawn, a Republican, as Second Deputy Recorder.

Furlong immediately filed a complaint alleging federal and state causes of action and seeking injunctive and monetary relief. The plaintiff simultaneously moved for a temporary restraining order and for a preliminary injunction to preclude Gudknecht from firing, or failing to retain, him in office.

Following a hearing, the district judge issued a bench opinion analyzing the evidence in light of the likelihood of the plaintiff's success on the merits, the potential for irreparable injury absent temporary relief, the possibility of harm to third parties, and the public interest. See Delaware River Port Authority v. Transamerican Trailer Transport, Inc., 501 F.2d 917, 919-920 (3d Cir.1974). On January 15,1986, the district court entered an order granting Furlong’s motions for a temporary restraining order and for a preliminary injunction. This appeal followed. We possess jurisdiction to review the preliminary injunction pursuant to 28 U.S.C. § 1292(a)(1) (1982).

II.

The Supreme Court has twice proscribed dismissals of public employees solely for their political affiliation. Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976); Branti, 445 U.S. 507, 100 S.Ct. 1287. Simultaneously, the Court has clarified that the First Amendment permits some patronage discharges.

[235]*235Justice Stewart’s concurrence in Elrod distilled a single issue from the plurality’s opinion:

whether a nonpolicymaking, nonconfidential government employee can be discharged or threatened with discharge from a job that he is satisfactorily performing upon the sole ground of his political beliefs. I agree with the plurality that he cannot.

Elrod 427 U.S. at 375, 96 S.Ct. at 2690 (Stewart, J., concurring). The Court subsequently focused its holding in Branti.1

In sum, the ultimate inquiry is not whether the label “policymaker” or “confidential” fits a particular position; rather, the question is whether the hiring authority can demonstrate that party affiliation is an appropriate requirement for the effective performance of the public office involved.

Branti, 445 U.S. at 518, 100 S.Ct. at 1295.

In a similar case also arising from Bucks County, Pennsylvania, Brown v. Trench, 787 F.2d 167 (3d Cir.1986), we observed that, despite Branti’s focus, the opinion failed to specify particular factors tending to answer its “ultimate inquiry.” Id. at 169.

After surveying several cases following Branti, however, we discerned the “key factor” to be “whether the employee has ‘meaningful input into decision making concerning the nature and scope of a major ... program.’ ” Id. at 169-170, quoting Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981), cert. denied, 455 U.S. 1021, 102 S.Ct. 1717, 72 L.Ed.2d 139 (1982). More recently, we have chosen to construe Branti narrowly. Horn v. Kean, 796 F.2d 668 (3d Cir.1986). Mindful of these standards, we turn to the defendant’s points of error.

III.

A.

The defendant argues that the district court erroneously found party affiliation irrelevant to the office of the Second Deputy Recorder of Deeds. On review of a district court’s grant of a preliminary injunction, “[u]nless that court abuses its discretion, commits an obvious error in applying the law, or makes a serious mistake in considering the proof, the appellate court must take the judgment of the trial court as presumptively correct.” Klitzman, Klitzman and Gallagher v. Krut, 744 F.2d 955, 958 (3d Cir.1984). See National Land & Investment Co. v. Specter, 428 F.2d 91, 95 (3d Cir.1970).

We have reviewed the testimony relating to the duties of the deputy recorders and we cannot label “clearly erroneous” the district court’s factual view that the deputy recorders.occupy purely ministerial, if not clerical, positions. Cf. Rosenthal v. Rizzo, 555 F.2d 390, 393 & nn. 3, 5 (3d Cir.), cert. denied, 434 U.S. 892, 98 S.Ct. 268, 54 L.Ed.2d 178 (1977) (noting that the question of the plaintiff’s status as a policymaker vel non is one of fact). The record discloses that the deputies record documents, satisfy mortgages, and forward taxes.

Gudknecht, in fact, flatly admitted on questioning by Furlong’s counsel:

MR. SMOLOW: Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Furlong v. Gudknecht, 808 F.2d 233, 1 I.E.R. Cas. (BNA) 1321 (3d Cir. 1986).

808 F.2d 233 (Furlong v. Gudknecht) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Martinez-Sanes v. Turnbull
318 F.3d 483 (Third Circuit, 2003)
Cruz Martinez-Sanes Vernita Charles Vivian Furet Maude Akins Faustina Richardson Rosalia Sackey Lenore Safe Eileen Jackson Patrick Sprauve v. Gov. Charles W. Turnbull, ph.d. Government of the United States Virgin Islands (d.c. Civil No. 99-Cv-00031) Miriam Dejesus Cecile Phillip-Thomas Herbert L. Schoenbohm Margaret Sumter v. Gov. Charles W. Turnbull, ph.d. Government of the United States Virgin Islands (d.c. Civil No. 99-Cv-00045) Laura Hassell Marilyn Stapleton Riise Richards Alicia Torres-Gustave Audrey Callwood Edgar Phillips Dwayne Benjamin Daryl Lewis Bianca O. Maynard Ana Bertrand Jeremiah Lee Joseph Farrington Francisco Jarvis Franklin Lawrence Everard Potter Maxwell George v. Gov. Charles W. Turnbull, ph.d. Government of the United States Virgin Islands (d.c. Civil No. 99-Cv-00053) Vivian Ebbesen-Fludd v. Charles Turnbull, ph.d. Individually and in His Capacity as Governor of the Virgin Islands Government of the United States Virgin Islands and Does 1 Through 10 (d.c. Civil No. 99-Cv-00056) Government of the Virgin Islands and Charles W. Turnbull, Individually, Laura Hassell Marilyn Stapleton Riise Richards Alicia Torres-Gustave Audrey Callwood Edgar Phillips Dwayne Benjamin Daryl Lewis Bianca O. Maynard Ana Bertrand Jeremiah Lee Joseph Farrington Francisco Jarvis Franklin Lawrence Eileen Jackson Patrick Sprauve Maxwell George v. Gov. Charles W. Turnbull, ph.d. Government of the United States Virgin Islands Does 1 Through 10, Individually and in Their Capacities as Employees of the Government of the Virgin Islands Governor Charles W. Turnbull, ph.d., Individually and in His Official Capacity and Government of the United States Virgin Islands
318 F.3d 483 (Third Circuit, 2003)
Scott v. Sills
134 F. Supp. 2d 599 (D. Delaware, 2001)
Bellow v. Charbonnet
100 F. Supp. 2d 398 (E.D. Louisiana, 2000)
Assaf v. Fields
Third Circuit, 1999
Wetzel v. Tucker
139 F.3d 380 (Third Circuit, 1998)
Boyle v. County of Allegheny
139 F.3d 386 (Third Circuit, 1998)
Boyle v. County Of Allegheny Pennsylvania
139 F.3d 386 (Third Circuit, 1998)
Roseman v. County of Cambria
861 F. Supp. 19 (W.D. Pennsylvania, 1993)
Waskovich v. Morgano
2 F.3d 1292 (Third Circuit, 1993)
Peters v. Delaware River Port Authority
809 F. Supp. 13 (E.D. Pennsylvania, 1992)
Eugene Burns v. County Of Cambria
971 F.2d 1015 (Third Circuit, 1992)
Burns v. County of Cambria
971 F.2d 1015 (Third Circuit, 1992)
Burns v. County of Cambria, Pa.
764 F. Supp. 1031 (W.D. Pennsylvania, 1991)
Lee v. Wojnaroski
751 F. Supp. 58 (W.D. Pennsylvania, 1990)
Zold v. Township of Mantua
737 F. Supp. 308 (D. New Jersey, 1990)