Jaskolka v. City of Manchester

567 A.2d 549, 132 N.H. 528, 1989 N.H. LEXIS 149
CourtSupreme Court of New Hampshire
DecidedDecember 28, 1989
DocketNo. 88-366
StatusPublished
Cited by4 cases

This text of 567 A.2d 549 (Jaskolka v. City of Manchester) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jaskolka v. City of Manchester, 567 A.2d 549, 132 N.H. 528, 1989 N.H. LEXIS 149 (N.H. 1989).

Opinion

Batchelder, J.

The plaintiff, Jeanne Jaskolka, appeals a decision of the Superior Court (Goode, J.) denying her petition to be credited with continuous employment with the defendant, City of Manchester, since 1964. For the reasons that follow, we reverse and remand this case to the superior court, with the direction that the court make factual findings and rulings of law.

This suit arises from a dispute between the parties concerning whether the defendant has employed the plaintiff continuously since January, 1964, a period of service which would entitle her to certain salary and fringe benefits, and would allow her to retire now with a pension calculated under a non-contributory system existing before the current contributory plan was adopted. The plaintiff worked from January, 1964, to August, 1967, as secretary and administrative aide to Manchester’s then mayor, Roland Vallee. This position constituted city employment. She then began employment as administrative aide for the Model City Agency (MCA) of the City of Manchester, in November, 1967, after what she testified at trial was a “leave of absence . . . without pay.” The MCA program is sponsored and primarily funded by the federal government. The plaintiff continued in that capacity until October, 1975, when the MCA was discontinued. After expending what she refers to as five weeks of accumulated vacation time, the plaintiff began her current city employment, in December, 1975, with the City of Manchester Highway Department, in the Environmental Protection Division, Waste Water Treatment Facility.

The heart of this disagreement involves the plaintiff’s employment with the MCA, from December, 1967, to October, 1975. The plaintiff contends that her work with the MCA was city employment and, therefore, must be credited to her for salary and fringe benefit purposes. Further, she asserts that her employment with [530]*530the city has been continuous from January, 1964, to the present. The city argues that the plaintiffs work at the MCA was not city work and does not contribute to her tenure as a city employee for the purposes of salary and fringe benefits. The city argues further that, assuming the plaintiff’s tenure at the MCA was city employment, the plaintiff’s service with the city has not been continuous from 1964 to the present.

The record contains copies of two letters, dated December 13, 1976, and May 12, 1977, which the plaintiff wrote to the then mayor of Manchester, Charles Stanton, in which she requested that her employment with the Highway Department be considered a transfer from her previous employment with the MCA, so that the years of employment with the MCA would be credited to her years of city service. The letter of May 12 referred to a conversation between the plaintiff and the mayor in which the mayor stated that he had referred the matter to the personnel department. No response to these letters appears in the trial record, nor is there any other evidence in the trial record of the steps the plaintiff took to contest the city’s failure to credit her with prior service for the years before she began her current position.

The plaintiff filed a complaint against the city in superior court in April, 1982, and asked to be credited with continuous city service and to receive its attendant benefits. At trial she submitted a number of requests for findings of fact and rulings of law. After the trial, the court issued its decision, labelled “Findings, Rulings and Decree.” The court began by noting that the plaintiff sought relief from an administrative finding but cited no statute under which the appeal could arise. The court, however, considered the plaintiff’s petition as one for a writ of certiorari. Articulating no findings of fact or rulings of law, the court in one sentence addressed the merits of the plaintiff’s claim as follows: “Upon considering the testimony presented, the exhibits, and arguments of counsel, this Court finds no error of law; nor is it persuaded by the balance of probabilities on the evidence presented that the decision of the defendant is unreasonable.” Accordingly, the court dismissed the petition.

On appeal, the plaintiff makes three principal arguments. First, she contends that her petition should not have been accorded certiorari review because it was more in the nature of a declaratory judgment action under RSA 491:22, as, she asserts, she has not applied for prior service credit to the city’s Board of Mayor and Aldermen. Second, the plaintiff asserts that the trial court’s failure to make findings pursuant to RSA 491:15 or to issue a sufficiently [531]*531detailed order constituted reversible error. Finally, the plaintiff argues that, even under certiorari review, the trial court’s order was unjust and unreasonable because it was against the weight of the evidence. We hold that certiorari review was appropriate in this case, but that the trial court’s failure to make findings pursuant to RSA 491:15 or to issue a sufficiently detailed order constituted reversible error. In light of our holding, we need not reach the plaintiff’s third argument.

I. Certiorari Review

The plaintiff’s assertion that her petition should have been treated as one for declaratory judgment, rather than one for a writ of certiorari, is without merit. A petition for a writ of certiorari provides judicial review of governmental administrative action when no statute authorizes an appeal. See Chauffeurs Local Union No. 633 v. Silver Bro’s, Inc., 122 N.H. 1035, 1036-37, 453 A.2d 1292, 1293 (1982). The appropriate standard of review on certiorari is whether the agency acted illegally concerning its “jurisdiction, authority or observance of the law ... or has abused its discretion or acted arbitrarily or capriciously.” State v. Brackett, 122 N.H. 716, 718, 449 A.2d 1210, 1212 (1982) (citations omitted). A declaratory judgment action, in contrast, is available when “[a]ny person claiming a present legal equitable right or title” is faced with a claim adverse to that right or title. RSA 491:22. This case cannot properly be characterized as one for declaratory judgment, as the plaintiff lacks the requisite “present legal [or] equitable right or title” necessary for her case to proceed. The plaintiff seeks to obtain a judicial decree that she has the requisite number of continuous years of city service to entitle her to certain salary and fringe benefits, rather than already possessing those benefits and being faced with a threat of losing them. Certiorari review was appropriate here, as the plaintiff has requested prior service credit, and its attendant benefits, from what appears to be the appropriate administrative body, and been denied.

We conclude that the plaintiff exhausted her administrative remedies from certain documents submitted by the defendant, after oral argument. As noted above, the trial record contains copies of two letters that the plaintiff wrote to the mayor of Manchester concerning her request. One of the letters refers to the mayor’s statement that he had referred the matter to the personnel department. These letters comprise all the evidence from the trial record as to whether the plaintiff had been officially denied prior service credit and as to the steps she had taken to appeal the denial. [532]

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Bluebook (online)
567 A.2d 549, 132 N.H. 528, 1989 N.H. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaskolka-v-city-of-manchester-nh-1989.