Kliethermes v. City of Eldon

972 S.W.2d 473, 1998 Mo. App. LEXIS 844, 1998 WL 215801
CourtMissouri Court of Appeals
DecidedMay 5, 1998
DocketNo. WD 54249
StatusPublished
Cited by1 cases

This text of 972 S.W.2d 473 (Kliethermes v. City of Eldon) 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
Kliethermes v. City of Eldon, 972 S.W.2d 473, 1998 Mo. App. LEXIS 844, 1998 WL 215801 (Mo. Ct. App. 1998).

Opinion

HOWARD, Judge.

Janice Kliethermes brought an action to recover unpaid wages which she claimed were owed her by her employer, the City of Eldon. The trial court entered judgment in favor of the City of Eldon and Kliethermes now appeals, claiming that the trial court erred by finding that certain salary provisions contained in the personnel manual were [474]*474supplanted by later ordinances which eliminated minimum salary requirements.

Reversed and remanded.

On November 13, 1989, Kliethermes was hired by the City of Eldon as a clerk-typist in the city clerk’s office at a salary of $5.08 per hour. On June 22, 1992, Kliethermes was given a “promotional transfer” to the position of bookkeeper-clerk I in the public works department at a salary of $7.06 per hour.

Later, Kliethermes came to believe that her starting salary as a bookkeeper-clerk I should have been $8.16 per hour instead of $7.06 per hour. This belief was based upon salary provisions found in the City of Eldon’s “Personnel Policies and Procedures Manual” and in municipal ordinances. In order to understand Kliethermes’ claim that she was underpaid, it is necessary to examine these salary provisions.

The City of Eldon categorized its various employee positions by grades, and each grade had a salary range connected with it. These grades went from “H,” which had the lowest salary range, to “B,” which had the highest salary range. When Kliethermes received a promotional transfer to bookkeeper-clerk I, she went from a grade “F” position to a grade “E” position.

The City of Eldon’s personnel manual, which was adopted by the enactment of ordinance no. 1108 on July 26, 1983, provided in section IV-l.a that “[a]ll employees shall be paid at the rates prescribed for the classification in which they are employed,” and in section IV-l.c that “[t]he promotion of an employee to a class with a higher salary range shall include an increase in his salary to at least the minimum for the new classification.” (These two provisions were codified as municipal code sections 40.070(a) and 40.070(c), respectively.) Thus, according to-the personnel manual, when Kliethermes was promoted to bookkeeper-clerk I, which was a grade “E” position, her salary should have been increased to at least the lowest salary for a grade “E” position. According to ordinance no. 1418, which was enacted by the Board of Aldermen on December 12, 1990, and which fixed the salary ranges for city employees during the period that Kliet-hermes’ promotion took place, the low end of the salary range for a grade “E” position was $8.16 per hour.

In September of 1994, Kliethermes filed a grievance with the City, complaining that her starting salary as a bookkeeper-clerk I was below the minimum salary for a grade “E” position as set out in ordinance no. 1418. The City’s grievance committee denied this claim, finding that the City’s Board of Aider-men had, in its adoption of annual budgets and pay plans, eliminated all minimum salary levels.

Kliethermes then filed a Petition for Unpaid Compensation with the trial court. The petition, which restated her complaint to the City’s grievance committee, also alleged that had she been paid at the proper starting rate for a bookkeeper clerk I, her subsequent raises, which were based upon a percentage of her existing salary, would have been greater and would have increased her current salary to a still higher level.

Following a bench trial, the trial court entered a judgment in favor of the City of Eldon, finding that the City had “abolished all minimum pay requirements for various classifications prior to Plaintiffs employment with the City.” Specifically, the trial court found that minimum salary and range requirements contained in the City’s personnel manual were supplanted by ordinances no. 1376,1418,1459,1497,1563, and 1608.

The ordinances cited by the trial court were municipal pay scales which enumerated the salary grade and range for city employees for the fiscal years 1990,1991,1992,1993, 1995, and 1996, respectively. For example, ordinance no. 1418, which listed in tabular form the salary grades and ranges in effect when Kliethermes’ promotion occurred, showed the following entries for the city’s administrative personnel:

[475]*475GRADE AND RANGE

DEPARTMENT & POSITION MAXIMUM GRADE RANGE
Administration
2363 - 2951/mo. Asst. City Administrator
2038 - 2545/mo. Administrative Assistant
1629 - 2089/mo. Deputy City Clerk
8.16 - 12.64/hr. Executive Secretary
8.16 - 12.64/hr. Bookkeeper/Clerk I
6.08 - 9.43/hr. Bookkeeper/Clerk II
4.75 - 7.43/hr. Clerk Typist

All of the ordinances cited by the trial court are identical in that the word “maximum” appears in the heading over the column indicating the salary grade or level. At trial, the City of Eldon contended that this was significant, as this single word was missing from earlier ordinances that set the salaries for previous years. For example, ordinance no. 1348, which listed in tabular form the salary grades and ranges in effect for the year 1989, showed the following entries for the city’s administrative personnel:

GRADE AND RANGE

DEPARTMENT & POSITION GRADE RANGE
Administration
1239 - 1924/mo. Asst. City Administrator pq
1239 - 1924/mo. Administrative Assistant pq
1014 - 1582/mo. Technical Worker o
5.08 - 7.92/hr. Executive Secretary H
5.08 - 7.92/hr. Bookkeeper/Clerk I S
4.83 - 7.55/hr. Bookkeeper/Clerk II fe
4.61 - 7.21/hr. Clerk Typist O

Aside from the differing dollar amounts, the only difference between these two sets of ordinances (i.e., those covering the years up to 1989 and those covering the years 1990 and beyond) is the inclusion of the word “maximum” in the column for salary grade or level. At trial, the City of Eldon maintained that the addition of the word “maximum” to that one column in the ordinances enacted after 1989 served to eliminate the previous minimum salary requirement for the different grades or levels and to effectively supplant the minimum salary requirement in the personnel manual. Jim Link, who was the city administrator from 1986 to 1996, testified that, in 1989, the Board of Aldermen on his recommendation decided to eliminate the minimum levels for the various salary grades, which henceforth would have only maximum levels. The trial court accepted this argument in entering judgment in favor of the City of Eldon.

In her first point on appeal, Kliethermes claims that the trial court erred by finding that the minimum salary and range requirements contained in the City’s personnel manual were abolished by ordinances no. 1376, 1418,1459,1497,1563, and 1608.

The judgment in a court-tried ease will be sustained unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it errone[476]*476ously declares the law, or unless it erroneously applies the law. Koepke Const. v. Woodsage Const,

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