Okla. Pub. Emps. Ass'n v. State ex rel. Okla. Tourism & Recreation Dep't

433 P.3d 353
CourtCourt of Civil Appeals of Oklahoma
DecidedNovember 20, 2018
DocketCase No. 115,902
StatusPublished

This text of 433 P.3d 353 (Okla. Pub. Emps. Ass'n v. State ex rel. Okla. Tourism & Recreation Dep't) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Okla. Pub. Emps. Ass'n v. State ex rel. Okla. Tourism & Recreation Dep't, 433 P.3d 353 (Okla. Ct. App. 2018).

Opinion

OPINION BY JERRY L. GOODMAN, JUDGE:

¶1 State of Oklahoma, ex rel. Oklahoma Tourism and Recreation Department (OTRD) appeals the trial court's February 24, 2017, Order Following Remand requiring OTRD to provide a severance benefit package to several State employees (Employees) represented by the Oklahoma Public Employees Association (OPEA) pursuant to the "Lake Murray Lodge Statute," 74 O.S.Supp.2006, § 2242.1 (LMLS). The trial court found Oklahoma's State Government Reduction-in-Force and Severance Benefits Act (RIF) provisions ( 74 O.S.2011 and Supp. 2012, §§ 840-2.27A through 840-2.27I ), "were not applicable" to Employees, but the LMLS was, and further ruled that the LMLS was constitutional.

¶2 OTRD appeals contending that, though the trial court correctly found the RIF provisions "were not applicable" to Employees, it erred when it found the LMLS applied to Employees and further erred when it found the LMLS to be constitutional.

¶3 OEPA counter-appeals the same order, claiming the trial court erred when it found the RIF provisions "were not applicable" to Employees. OPEA contends Employees "were entitled to severance benefits" prescribed by both LMLS and RIF,1 and further agreed that the LMLS is constitutional.

¶4 In this first impression case, we are asked to interpret the two severance package statutes and define their relationship to each other. Based on our review of the facts and applicable law, we hold Employees are subject to the RIF statutes, if they otherwise qualify; that under these facts Employees are not eligible for the severance benefits pursuant to the LMLS, and; we need not address the constitutionality of the LMLS. The trial court's order is affirmed in part, and reversed in part.

BACKGROUND

¶5 This is the second appeal to this Court by these parties. This Court has previously addressed this matter in appeal No. 110,034, styled Oklahoma Public Employees Association; Mike Hancock; Doris Long; Bradley Daftari; Mark Barnes; Stanley Philpot; Lester Rowland; and Mary Mayes v. State Of Oklahoma, ex rel., Oklahoma Tourism and Recreation Department (OPEA I ).2 At the conclusion of our opinion in OPEA I , this Court stated:

The matter is remanded to the trial court to make a finding of fact as to whether Affected Employees were in fact subject to the RIF Act. Next, the matter is remanded to the trial court with directions to order the parties to address the apparent conflict between § 2242.1 and § 840-2.27D. Because the constitutionality of these statutes may be involved, the Assistant Attorney General representing OTRD shall comply with the notice requirements of 12 O.S.2011, § 2024(D).

¶6 Following remand, an evidentiary hearing was held, and the trial court entered an *355Order Following Remand on February 24, 2017, which made findings of fact and conclusions of law.3 The Order states:

1. The provisions of the RIF Act are not applicable to the Plaintiffs;
2. The Lake Murray Lodge Statute is applicable to the Plaintiffs and the OTRD must comply with [the LMLS;]
3. The Lake Murray Lodge Statute applies both to land owned and leased by the State of Oklahoma, and;
4. The Lake Murray Lodge Statute is constitutional.4

¶7 Both parties have appealed. The OPEA, on behalf of Employees, claims both the RIF Act and the LMLS applies to them, and not just the LMLS. The OTRD also appeals, claiming the LMLS does not apply to Employees, and that the LMLS is unconstitutional.

¶8 The appellate record contains the following additional facts necessary to our analysis of the trial court's order.

¶9 Employees were, at the time of the filing of their August 10, 2011, Petition for Declaratory Judgment and Injunctive Relief, "tenured, classified employees."5

¶10 According to the 2013 affidavit of the Executive Director of the OTRD,6 in 2011, the OTRD considered closing seven of its 35 parks due to budgetary shortfalls. Of those seven parks, the OTRD owned only two (Heavener Runestone State Park and Boggy Depot State Park). The five other parks were not owned by the OTRD, but were leased from third parties.7 However, ultimately, OTRD did not close any parks. Rather, it transferred either ownership or operation, or both, to third parties, pursuant to its authority set out in 74 O.S. 2011, § 2224, thereby necessitating the transfer of those Employees working at those positions to be reassigned to other parks.8

¶11 OTRD employees assigned to work at those parks were notified they would be transferred to new duty positions within the Department at the same rate of pay, benefits, and classification. In some instances, the new duty positions were at various distances from their current posts.9 Most transferred; some did not. Some retired or voluntarily separated from service to work elsewhere. Others refused to report to work at the new duty station and sued the OTRD for failing to provide them severance benefits pursuant to provisions set out in the RIF and LMLS severance statutes. The OTRD refused to provide severance benefits, claiming the employees were not separated from service, but merely transferred, and the RIF provisions were therefore not applicable.

STANDARD OF REVIEW

¶12 We are asked to interpret the meaning of statutes and review the trial court's application of fact to those statutes. We do so using the de novo standard of review.

The issues of a statute's constitutional validity and of its construction and application are questions of law subject to de novo review. Lee v. Bueno , 2016 OK 97, ¶ 6, 381 P.3d 736 ; Butler v. Jones ex rel., State ex rel., Okla. Dep't of Corrections , 2013 OK 105, ¶ 5, 321 P.3d 161 ;
*356Gilbert v. Security Finance Corp. of Okla. , 2006 OK 58, ¶ 2, 152 P.3d 165. Under that standard on appeal, this Court assumes plenary, independent, and non-deferential authority to reexamine the lower tribunal's legal rulings. Lee , 2016 OK 97, ¶ 6, 381 P.3d 736 ; Crownover v. Keel

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Groendyke Transport, Inc. v. Gardner
1960 OK 153 (Supreme Court of Oklahoma, 1960)
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World Publishing Co. v. Miller
2001 OK 49 (Supreme Court of Oklahoma, 2001)
Gilbert v. Security Finance Corp. of Oklahoma
2006 OK 58 (Supreme Court of Oklahoma, 2006)
CROWNOVER v. KEEL
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LEE v. BUENO
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BROWN v. CLAIMS MANAGEMENT RESOURCES INC.
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Bluebook (online)
433 P.3d 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/okla-pub-emps-assn-v-state-ex-rel-okla-tourism-recreation-dept-oklacivapp-2018.