Hunter v. County of Morgan

12 S.W.3d 749, 2000 Mo. App. LEXIS 252, 2000 WL 196705
CourtMissouri Court of Appeals
DecidedFebruary 22, 2000
DocketNo. WD 57120
StatusPublished
Cited by9 cases

This text of 12 S.W.3d 749 (Hunter v. County of Morgan) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunter v. County of Morgan, 12 S.W.3d 749, 2000 Mo. App. LEXIS 252, 2000 WL 196705 (Mo. Ct. App. 2000).

Opinion

EDWIN H. SMITH, Judge.

This appeal arises out of a dispute over the annual compensation that was to be paid to the deputies and assistants of the county collector’s office of Morgan County, Missouri, for the county budget years of 1989-1997. The dispute is between the appellants, Clark Hunter (Hunter) and Kathy Francis (Francis), who were, at all times pertinent herein, the county collector and deputy county collector for Morgan County, respectively, and the respondents, Morgan County and the duly elected county commissioners thereof, Stanley Mer-riott, Rodney Schad, and Allen Nolting (hereinafter collectively referred to as the commission). In the trial court below, the appellants both sought a declaratory judgment, declaring that: (1) Hunter, as the county collector, had the exclusive statutory authority and discretion to set the annual compensation of his deputies and assistants, including for the years 1988 through 1997; and (2) the commission was required, by law, to appropriate annually a minimum amount of funds for this purpose, but for the specified years failed to do so. Francis sought further declaratory relief, declaring that she was entitled to back compensation from the county, representing the difference between the amount Hunter had agreed to pay to her as annual compensation for her services, rendered from September 1990 through December 1997, and the amount of funds the commission was required by law to appropriate for this purpose. Both appellants also sought injunctive relief prohibiting the commission, in the future, unless subsequently authorized by statute, from attempting to set the compensation of the collector’s deputies and assistants. In addition, Hunter sought a mandatory injunction compelling the commission, in the future, to annually appropriate the minimum amount of funds required by law and as requested by him for the purpose of compensating his deputies and assistants. Finally, Francis sought a judgment for “damages” in the amount determined, in the declaratory judgment, to be owed her as back compensation for the years in question. The trial court denied the appellants’ request for declaratory judgment and injunctive relief and Francis’s claim for “damages.”

The appellants raise five points on appeal. In all five points, they claim that the trial court erred in denying their requested relief because, in doing so, it erroneously declared and applied the law as found in §§ 52.281, RSMo Supp.1987,1 and 52.271, RSMo Supp.1988, RSMo Supp.1993, and RSMo 1994.

We affirm in part and reverse and remand in part.

Facts

At the time of trial, Hunter had served since 1988 as the duly elected county collector for Morgan County, a third-class county. As the county collector, he had the authority to hire deputies and assistants for his office. In March 1988, he hired Francis to serve as his deputy collector. She was still serving in this position at the time of trial. Francis generally worked thirty-five hours per week and, on occasion, worked overtime hours. For overtime hours in excess of thirty-five up to forty hours per week, she was paid at her normal hourly rate. For hours worked over forty per week, she was paid [752]*752at an hourly rate of time and a half. In addition to Francis, Hunter also hired temporary part-time assistants during tax season each year.

In January of 1988 through January of 1997, Hunter submitted his annual revenues and expenditures request form to the commission, requesting, inter alia, funds for the purpose of compensating Francis, his deputy collector, and his assistants. The table, infra, reflects these amounts and, in addition, the amounts actually appropriated by the commission and expended by Hunter for such compensation.

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The expenditures, as reflected in the table, were allowed pursuant to “payroll authori-zationsfs]” signed by the commission. From 1988 through 1997, the commission authorized the county clerk to pay Francis as follows: 1988 — $995 per month or $6.56 per hour; 1989 — $6.76 per hour; 1990— $1,137.53 per month; 1991 — $7.50 per hour; 1992 — $7.50 per hour; 1993 — $7.70 per hour; 1994 — $1,183 per month; 1995— $1,183 per month or $7.80 per hour; 1996 — $1,220.91 per month or $8.05 per hour; and 1997- — $1,258.83 per month or $8.30 per hour.

On September 26, 1997, the appellants filed their first amended two-count petition.2 In Count I, Hunter sought: (1) a declaration that “Defendants are without authority to deny Plaintiff Clark Hunter an appropriation in an amount less than provided by Section 52.271 RSMo for purposes of compensating his Deputy Collector and other clerical employees”; (2) a declaration that “Defendants are without authority to set the salaries of the employees of the County Collector’s office and that said salaries should be entirely within the discretion of Plaintiff Clark Hunter as long as same may be paid from his approved budget”; (3) a preliminary and permanent injunction enjoining the Commission from “continuing to appropriate such sums to Plaintiff Clark Hunter’s budget as are less than requested by Plaintiff ... as long as such request is within the amount allowed by Section 52.271 RSMo”; and (4) a preliminary and permanent injunction enjoining the commission “from determining the salaries to be paid to the employees of Plaintiff Clark Hunter’s office.” In Count II, Francis sought: (1) a declaration that “Defendants are without authority to set Plaintiff Kathy Francis’ salary, and that said salary is entirely within the discretion of the Morgan County Collector so long as same may be paid from the Morgan County Collector’s approved budget”; and (2) a preliminary and permanent injunction enjoining the Commission from continuing to determine her salary; and [753]*753(4) “[Requiring [the Commission] to pay to Plaintiff [Francis] the sum represented by the difference between the salary agreed upon between Plaintiff and her employer and the salary unlawfully determined by [the Commission], together with interest. ...”

On March 16, 1998, Hunter filed a motion to amend Count I of the first amended petition by interlineation to seek a declaration that, pursuant to § 52.271, the commission was required to appropriate to his office an amount not less than $48,471.85 for 1988 through 1998, and an amount not less than $75,479.77 to $90,132.77 for 1994 through 1997 for the purpose of compensating Francis and his other assistants, which amendment was allowed by the trial court.3

A hearing was held on the appellants’ first amended petition on March 16, 1998. At the hearing, Warren Anderson, a county commissioner for Morgan County from 1985 through 1996, testified that, beginning in 1988 and through December 31, 1996, when his term as a commissioner ended, the commission set Francis’s hourly wage and that wage was the most the commission would authorize to be paid out of the county general revenue fund. He testified that even when Francis reported a different hourly wage on her monthly time reports, she was paid the wage set by the commission. He also testified that, beginning in 1988, the commission believed that it had the authority to set the compensation of the collector’s deputies and assistants and was not required to appropriate a lump sum amount out of which the county collector had the discretion to pay his employees.

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Bluebook (online)
12 S.W.3d 749, 2000 Mo. App. LEXIS 252, 2000 WL 196705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-county-of-morgan-moctapp-2000.