Gilbert v. County of Mohave

650 P.2d 511, 133 Ariz. 209, 25 Wage & Hour Cas. (BNA) 1009, 1982 Ariz. App. LEXIS 498
CourtCourt of Appeals of Arizona
DecidedAugust 19, 1982
Docket1 CA-CIV 5528
StatusPublished
Cited by5 cases

This text of 650 P.2d 511 (Gilbert v. County of Mohave) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gilbert v. County of Mohave, 650 P.2d 511, 133 Ariz. 209, 25 Wage & Hour Cas. (BNA) 1009, 1982 Ariz. App. LEXIS 498 (Ark. Ct. App. 1982).

Opinion

OPINION

MEYERSON, Judge.

This appeal concerns the applicability of A.R.S. § 23-392 (Supp.1981) to overtime compensation claimed by former employees of the Mohave County Sheriff’s Department. Twelve deputy sheriffs brought suit seeking payment from Mohave County (County) for overtime worked but for which no payment was received. The County, pursuant to its personnel policies, limited payment to each terminating employee to no more than eighty hours of accrued compensatory time. 1 Summary judgment was granted on behalf of the County and this appeal followed. We must decide whether the appellants’ claim is governed by the County’s personnel policies or A.R.S. § 23-392 (Supp.1981).

During the relevant period, the County had a policy which limited compensation for terminating employees to, among other things, payment for accrued compensatory time limited to eighty hours. The appellants worked overtime, at the direction of their employer, and accumulated in excess of eighty hours of compensatory time; they were denied compensation for all overtime worked in excess of eighty hours. They contend that the County’s policy conflicts with A.R.S. § 23-392 (Supp. 1981) and is therefore void. We agree.

The issue of overtime compensation for law enforcement personnel in Arizona should be considered in light of the Boykin trilogy of cases. In State v. Boykin, 18 Ariz.App. 365, 502 P.2d 166 (1972) (Boykin I), the court held that employees of the Department of Public Safety could not recover compensation for overtime absent an enabling state statute. The opinion was vacated in State v. Boykin, 109 Ariz. 289, 508 P.2d 1151 (1973) (Boykin II), where our supreme court held that while overtime pay could not be authorized absent a state statute, compensatory time could be awarded because “it seems clearly unfair to require the law enforcement officers to work longer without some compensatory measure. To do so unfairly enriches the state without the benefit to the officers affected thereby.” Id. at 294, 508 P.2d at 1156.

On remand, the trial court not only authorized compensatory time for those currently employed but also awarded payment *211 for overtime worked for employees no longer on the payroll. Such employees, of course, could no longer benefit from compensatory time. The supreme court found that the trial judge’s order was inconsistent with its holding in Boykin II. State v. Boykin, 112 Ariz. 109, 538 P.2d 383 (1975) (Boykin III). “To grant employees no longer on the payroll pecuniary compensation would violate A.R.S. § 38-601 because it would permit payment of a salary in excess of that provided by law. This would in effect allow payment of pecuniary overtime compensation without the necessary legislative authorization.” Id. at 113, 538 P.2d at 387.

The necessary legislative authorization was provided upon the enactment of A.R.S. § 23-392 (Supp.1981). That statute provides in relevant part as follows:

A. Any person engaged in law enforcement activities shall be compensated, for each hour worked in excess of forty hours in one work week, at the option of such employer either at a rate of:
1. One and one-half times the regular rate at which he is employed; or
2. One hour of compensatory time off in lieu of cash payment.

Deputy sheriffs, such as the appellants, are considered persons engaged in law enforcement activities under Section B. A.R.S. § 23-392.B (Supp.1981). Thus, the statute requires that covered law enforcement personnel receive compensation for overtime work. Compare A.R.S. § 23-392.A. (Supp. 1981) with A.R.S. § 23-391.A. (Supp.1981). The employer is given the option, however, of meeting that obligation either through payment of time and one half or the granting of compensatory time off.

Particularly in light of Boykin III, A.R.S. § 23-392 (Supp.1981) clearly reflects the legislature’s desire to insure that law enforcement personnel receive compensation, either in the form of payment or compensatory leave, for overtime worked. The County’s arbitrary limitation which restricts that compensation to only eighty hours of accrued compensatory leave therefore conflicts with the statute.

We hold that A.R.S. § 23-392 (Supp.1981) supersedes the County’s personnel policies because the subject of compensation to law enforcement personnel is of “statewide concern, and the legislature has appropriated the field by enacting a statute pertaining thereto, ...” Phoenix Respirator and Ambulance Service, Inc. v. McWilliams, 12 Ariz.App. 186, 188, 468 P.2d 951, 953 (1970). Our courts have consistently held that the subject of compensation for public employees is a matter of statewide policy. E.g., City of Phoenix v. Kidd, 54 Ariz. 75, 92 P.2d 513 (1939); State v. Jay J. Garfield Bldg. Co., 39 Ariz. 45, 3 P.2d 983 (1931).

It is also well established that a county “must act not only within the limits of the power granted it by the legislature, but must also comply with the statutory requirements prescribed by the legislature.” Mohave County v. Mohave-Kingman Estates, Inc., 120 Ariz. 417, 420, 586 P.2d 978, 981 (1978). E.g., Davis v. Hidden, 124 Ariz. 546, 548, 606 P.2d 36, 38 (1979) (“[T]he law-making powers of counties are entirely derivative.”); County of Maricopa v. Anderson, 81 Ariz.

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Related

Pijanowski v. Yuma County
43 P.3d 208 (Court of Appeals of Arizona, 2002)
Patton v. County of Mohave
741 P.2d 301 (Court of Appeals of Arizona, 1987)
McKinley v. Town of Fredonia
695 P.2d 284 (Court of Appeals of Arizona, 1984)
Prendergast v. City of Tempe
691 P.2d 726 (Court of Appeals of Arizona, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
650 P.2d 511, 133 Ariz. 209, 25 Wage & Hour Cas. (BNA) 1009, 1982 Ariz. App. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-county-of-mohave-arizctapp-1982.