Langon v. Washoe County

993 P.2d 718, 1 Nev. 115, 116 Nev. Adv. Rep. 11, 2000 Nev. LEXIS 11
CourtNevada Supreme Court
DecidedFebruary 2, 2000
Docket32628
StatusPublished
Cited by3 cases

This text of 993 P.2d 718 (Langon v. Washoe County) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langon v. Washoe County, 993 P.2d 718, 1 Nev. 115, 116 Nev. Adv. Rep. 11, 2000 Nev. LEXIS 11 (Neb. 2000).

Opinion

OPINION

Per Curiam:

FACTS

In July 1994, the Washoe County Board of County Commissioners (“the Board”) undertook a review of the compensation of its elected constables. At the time, the constables received a minimum base salary of $10,000.00 and kept all fees they collected from citizens for their services.

Washoe County’s staff recommended amending the constables’ compensation by providing that once the constables’ base salary and net revenues for services reached $55,000.00, the constables would then forward fifty percent of the net fees collected to the county. In a July 1994 order, the Board approved the $10,000.00 base salary without mentioning fee splitting above $55,000.00.

After confusion arose as to the constables’ compensation plan, the Board expressly restated the fee sharing formula previously recommended by Washoe County’s staff. On April 11, 1996, the Board issued an amended order, expressly adopting the fee formula. On August 9, 1996, the Board voted to reaffirm its understanding that the July 1994 order included the prior recommendations of its staff requiring the constables to abide by the fee sharing formula.

*117 Appellants John Langon, former Sparks constable, and Ward Peterson, former Reno constable, refused Washoe County’s demand to abide by the fee sharing formula and to provide financial reports for the purposes of fee apportioning. Washoe County then brought suit against the constables seeking injunctive and declaratory relief requiring a full accounting and payment of fifty percent of the fees collected above $55,000.00. The constables counterclaimed, asserting that Washoe County was not authorized to cap their compensation and require them to share fees with the county. The accounting issues were later resolved by consent decree, wherein the constables acknowledged Washoe County’s authority to examine and audit their office financial records.

In March 1998, the parties filed cross-motions for partial summary judgment concerning the substantive issues. To avoid litigating the amount of fees in question, the parties entered a stipulation for entry of consent judgment in April 1998. The stipulation provided that if Washoe County was found to have the authority to fix the constables’ maximum compensation, judgment could be entered against John Langon for $100,000.00 and against Ward Peterson for $43,000.00.

In May 1998, the district court denied the constables’ motion and granted Washoe County’s motion. In June 1998, pursuant to the parties’ previous stipulation, the district court entered judgment against Langon for $100,000.00 and against Peterson for $43,000.00.

The constables now appeal the district court’s ruling that Washoe County had the authority to set their maximum compensation and the district court’s entry of the money judgment.

DISCUSSION

The constables argue that the district court erred by ruling that NRS chapter 258 authorizes Washoe County to require fee sharing after the constables’ compensation reaches $55,000.00. Specifically, the constables argue that the legislature, not the county, possesses the authority to fix their compensation, and that the legislature granted Washoe County only the authority to set the constables’ minimum compensation.

NRS chapter 258 governs matters concerning Nevada’s constables. At issue in the present case is the interpretation of two sections of chapter 258: NRS 258.040 and NRS 258.125. NRS 258.040 provides that the boards of county commissioners shall fix the constables’ “minimum” compensation in the year in which the constables are elected. However, the section goes on to provide that the boards “may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.” See NRS 258.040(1). NRS 258.125 *118 provides that constables are “entitled” to receive fees for certain enumerated services. 1

The construction of a statute is a question of law subject to de novo review. See State, Dep’t of Mtr. Vehicles v. Lovett, 110 Nev. 473, 476, 874 P.2d 1247, 1249 (1994). It is well established that when interpreting a statute, “ ‘[t]he meaning of words used in a statute may be sought by examining the context and by considering the reason or spirit of the law or the causes which induced the legislature to enact it. The entire subject matter and the policy of the law may also be involved to aid in its interpretation, and it should always be construed so as to avoid absurd results.’ ” Moody v. Manny’s Auto Repair, 110 Nev. 320, 325, 871 P.2d 935, 938 (1994) (quoting Welfare Div. v. Washoe Co. Welfare Dep’t., 88 Nev. 635, 637-38, 503 P.2d 457, 458-59 (1972)).

When more than one interpretation of a statute can reasonably be drawn from its language, it is ambiguous and the plain meaning rule has no application. See Hotel Employees v. State, Gaming Control Bd., 103 Nev. 588, 591, 747 P.2d 878, 880 (1987). Further, “ ‘no part of a statute should be rendered nugatory, nor any language turned to mere surplusage, if such consequences can properly be avoided.’ ” Paramount Ins. v. Rayson & Smitley, 86 Nev. 644, 649, 472 P.2d 530, 533 (1970) (quoting Torreyson v. Board of Examiners, 7 Nev. 19, 22 (1871)). “Courts must construe statutes ... to give meaning to all of their parts and language .... The court should read each sentence, phrase, and word to render it meaningful within the context of the purpose of the legislation.’ ’ Bd. of County Comm’rs v. CMC of Nevada, 99 Nev. 739, 744, 670 P.2d 102, 105 (1983).

In the present case, the constables argue that a plain meaning construction of the statute is appropriate. They assert that the use of the word ‘ ‘minimum’ ’ is a clear indication that the legislature did not intend that any board of county commissioners would set the maximum compensation.

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Bluebook (online)
993 P.2d 718, 1 Nev. 115, 116 Nev. Adv. Rep. 11, 2000 Nev. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langon-v-washoe-county-nev-2000.