Hanson v. City of Idaho Falls

446 P.2d 634, 92 Idaho 512, 1968 Ida. LEXIS 326
CourtIdaho Supreme Court
DecidedOctober 31, 1968
Docket10217
StatusPublished
Cited by43 cases

This text of 446 P.2d 634 (Hanson v. City of Idaho Falls) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanson v. City of Idaho Falls, 446 P.2d 634, 92 Idaho 512, 1968 Ida. LEXIS 326 (Idaho 1968).

Opinion

SPEAR, Justice.

Appellants are all former members of the Idaho Falls police department. They brought this action to recover the entire amount deducted from their salaries and placed in the Policeman’s Retirement Fund. Appellants contend that the law creating the fund is unconstitutional. The district court found that the law was constitutional and granted summary judgment in favor of the defendant city, respondent here. The Policeman’s Retirement Fund (P.R.F.) was created pursuant to Title 50, Chapter 21 of the Idaho Code enacted in 1947 (revised and recompiled as Title 50, Chapter 15 of the Idaho Code in 1967). The P.R.F. Act permitted cities to establish a fund to provide municipal policemen with retirement compensation and disability, death and funeral benefits. In the event of the death of a policeman, certain benefits are also provided for surviving widows and minor children or dependent parents. The plan is funded by deductions up to 4% of the individual policeman’s salary and a contribution by the city of the revenue derived by a levy not to exceed two mills assessed against property within the city’s corporate limits. The fund is administered by a board consisting of the city council and three police officers elected by members of the force. The City of Idaho Falls voluntarily set up a policeman’s retirement fund and a board to administer the fund in compliance with the P.R.F. Act in 1947, long prior to the employment of any of appellants as policemen. Appellants contend that the P.R.F. Act violates art. VIII §§ 3 and 4, and art. XII § 4 of the constitution of the State of Idaho. It is the opinion of this court that the Act is constitutional.

The asserted violation of art. VIII, § 3, presents the most serious challenge. Accordingly, we deal with it first. This section provides, in part:

“Limitations on county and municipal indebtedness. — No county, city, town, township, board of education, or school district, or other subdivision of the state, shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year, the income and revenue provided for it for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose, nor unless, before or at the time of incurring such in *514 debtedness, provisions shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within thirty years from the time of contracting the same. Any indebtedness or liability incurred contrary to this provision shall be void; provided, that this section shall not be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state * * .(emphasis added)

Contrary to many jurisdictions, Idaho has chosen to adhere to the plain and obvious meaning of this broad constitutional prohibition. The decisions of this court have given force to the underlying purpose of this section, as succinctly stated in Williams v. City of Emmett, 51 Idaho 500, 6 P.2d 475 (1931):

“The Idaho Constitution is imbued with the spirit of economy, and in so far as possible it imposes upon the political subdivisions of the state a pay-as-you-go system of finance. The rule is that, without the express assent of the qualified electors, municipal officers are not to incur debts for which they have not the funds to pay. * * * County officers must use the means they have for making fair and equitable assessments until they are able to pay for something more effi■cient, or obtain the consent of those in whose interests they are supposed to act.” Quoting from Dexter Horton T. & Sav. Bank v. Clearwater County, 9 Cir., 235 F. 743, at p. 754.

Insofar as the City of Idaho Falls is concerned, whether or not it has incurred any indebtedness, it undoubtedly has incurred a liability within the scope of art. VIII, § 3. “Liability” is a much more sweeping and comprehensive term than “indebtedness.” Feil v. City of Coeur d’Alene, 23 Idaho 32, 129 P. 643 (1912); Boise Development Co., Ltd. v. Boise City, 26 Idaho 347, 143 P. 531 (1914); Straughan v. City of Coeur d’Alene, 53 Idaho 494, 24 P.2d 321 (1932). Although the amount thereof can be determined only through a proper and thorough actuarial study, the policemen have an inherent right to some contribution by the city each year. The Fund must be financially sound. Such a right creates a concomitant duty which in turn is a liability^ enforceable against the city. Feil v. City of Coeur d’Alene, supra. However, it is our conclusion that the P.R.F. Act falls within the exception provided by art. VIII, § 3, for “ordinary and necessary expenses.”

“An expense is ordinary if in the ordinary course of municipal business, or the maintenance of municipal property, it may be and is likely to become necessary.” Thomas v. Glindeman, 33 Idaho 394, 195 P. 92 (1921). One of the most fundamental and necessary expenses of municipal government is that which is incurred in the provision of adequate police protection for persons and property. Certainly it could not be argued in good faith that the weekly or monthly compensation of municipal employees is not an ordinary and necessary expense within the proviso of art. VIII, § 3. Yet, because some portion of a police officer’s salary is temporarily withheld, subject to the reasonable contingency of continued employment, we are asked .to rule that it is not compensation. The better reasoned rule in most American jurisdictions today is that the rights of the employees in pension plans such as Idaho’s Retirement Fund Act are vested, subject only to reasonable modification for the purpose of keeping the pension system flexible and maintaining its integrity. Bakenhus v. City of Seattle, 48 Wash.2d 695, 296 P.2d 536 (1956); Allen v. City of Long Beach, 45 Cal.2d 128, 287 P.2d 765 (1955); Abbott v. City of San Diego, 165 Cal.App.2d 511, 332 P.2d 324 (Cal. 4th DCA 1958). See 52 A. L.R.2d 437. Since the employees’ rights are vested, the pension plan cannot be deemed to provide gratuities. Instead it must be considered compensatory in nature. This principle is aptly stated in Hickey v. Pitts *515 burgh Pension Plan, 378 Pa. 300, 106 A.2d 233, 52 A.L.R.2d 430 (1954) as follows:

“Much of the misapprehension which apparently still exists in the minds of conscientious administrators of pension funds is possibly due to the fact that there still lingers a remnant of the ancient idea that a pension is a manifestation of sovereign generosity. The concept of pensions has come down through the centuries wearing a cloak of monarchical dispensation.

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Bluebook (online)
446 P.2d 634, 92 Idaho 512, 1968 Ida. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-city-of-idaho-falls-idaho-1968.