Paske v. County of Dakota

356 N.W.2d 775, 1984 Minn. App. LEXIS 3694
CourtCourt of Appeals of Minnesota
DecidedOctober 30, 1984
DocketNo. CX-84-547
StatusPublished
Cited by2 cases

This text of 356 N.W.2d 775 (Paske v. County of Dakota) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paske v. County of Dakota, 356 N.W.2d 775, 1984 Minn. App. LEXIS 3694 (Mich. Ct. App. 1984).

Opinions

OPINION

POPOVICH, Chief Judge.

This is an appeal from a summary judgment in favor of respondent Dakota County. Appellants claim they were county employees and are entitled to severance benefits. We agree and reverse.

FACTS

Appellants are stenographers who served as court reporters for judges of the Dakota County Court. On April 10, 1980, the First Judicial District adopted a court unification plan under which all judges in the district have authority and jurisdiction to hear all matters. Dakota County is in the First Judicial District. Pursuant to a resolution of the First Judicial District Court judges, all court reporters for judges of the district were deemed to be district court reporters effective January 1, 1982.

Until then, appellants’ salaries were paid by Dakota County and accrued vacation and sick leave in accordance with the Dakota County Personnel Policy and Procedures Manual. William Healy, county courts manager, furnished annual accountings of accumulated vacation and sick leave to appellants. Since January 1, 1982, appellants’ salaries and benefits have been apportioned among the seven counties of the First Judicial District.

Claiming they were county employees prior to January 1, 1982 and that the district judges’ resolution terminated their employment with Dakota County, appellants requested severance pay as provided under Section IX(c) of the Dakota County Personnel Policy and Procedures Manual. Section IX(c) provides:

Severance Pay

All employees who retire or whose employment is terminated shall be entitled to payment for accumulated vacation time plus one-half (V2) of all unused sick leave not to exceed fifty (50) days.

Appellants were furnished an accounting of their accumulated vacation and sick leave as of December 31, 1981 by Healy. The monetary amounts of appellants’ claims are as follows:

Darrell M. Paske $ 7,701.98
Thomas N. Lamson 6,636.82
Randolph J. Schacht 7,155.74
Jared. F. Whalen 8,630.59
Theresa Heesch 1,607.32
$31,732.45

Dakota County maintained appellants were state employees, not county employees, and denied their claims for severance pay.

Appellants brought suit against Dakota County. The county filed a motion to dismiss for failure to state a claim. With the consent of both parties, the trial court treated respondent’s motion as a motion for summary judgment. On January 17, 1984, the trial court found appellants were state employees at all times material to their [777]*777claim and granted summary judgment in favor of the county.

ISSUE

Were appellants entitled to severance pay upon termination of employment as court reporters for county court judges?

ANALYSIS

1. Standard of Review.

Rule 56.03 of the Minnesota Rules of Civil Procedure provides:

[Summary] |j]udgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.

Id.

“[T]he moving party has the burden of proof and * * * the nonmoving party has the benefit of that view of the evidence which is most favorable to him.” Nord v. Herreid, 305 N.W.2d 337, 339 (Minn.1981) (quoting Sauter v. Sauter, 244 Minn. 482, 484, 70 N.W.2d 351, 353 (1955)). All doubts and factual inferences must be resolved in favor of the nonmoving party. The court’s function is not to decide issues of fact, but to determine whether there are issues of fact to be tried. Id. at 339. In Donnay v. Boulware, 275 Minn. 37, 144 N.W.2d 711 (1966), the Minnesota Supreme Court cautioned:

Summary judgment is a “blunt instrument” and should not be employed to determine issues which suggest that questions be answered before the rights of the parties can be fairly passed upon. It should be employed only where it is perfectly clear that no issue of fact is involved, and that it is not desirable nor necessary to inquire into facts which might clarify the application of the law.

Id. at 45, 144 N.W.2d at 716.

? On appeal from a judgjudgment, this court’s function is to determine whether there are any genuine issues of material fact and whether the trial court erred in its application of the law. Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979).

2. Employment Relationship.

The parties do not dispute the underlying facts in this mattér. Rather, Dakota County contends appellants were not county employees as a matter of law. Specifically, the county claims it did not control the means and manner of appellants’ performance and did not have authority to hire, terminate or discipline appellants.

The common law factors to be considered in determining whether an employment relationship exists are:

(1) The right to control the means and manner of performance;
(2) The mode of payment;
(3) The furnishing of materials and tools for the work;
(4) The control of the premises where the work is done; [and]
(5) The right of the employer to discharge.

Duetsch v. E.L. Murphy Trucking Co., 307 Minn. 271, 274, 239 N.W.2d 462, 464 (1976); see Wangen v. City of Fountain, 255 N.W.2d 813, 815 (Minn.1977). Whether an employment relationship existed between appellants and Dakota County is a question of law to be resolved by applying the facts to the factors set out in Wangen and by reviewing applicable statutory provisions.

In its memorandum, the trial court found Kuehn v. State, Department of JuJu-dicial District, 271 N.W.2d (Minn.(Minn. 1978), controlled and granted the county’s motion to dismiss. In Kuehn, the court considered whether, for the purpose of a worker’s compensation action, a district court reporter was employed by the state or the counties which comprise the judicial district. Holding the district court reporter was an employee of the state, the court said:

[T]he traditional factors considered in determining whether employee was an em[778]*778ployee of the counties clearly permitted the court of appeals to find there was no employment relationship between him and them. Although the counties paid employee’s salary, mileage, and traveling and hotel expenses, they were required to do so by § 486.05.

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Related

Paske v. County of Dakota
379 N.W.2d 537 (Supreme Court of Minnesota, 1986)
Voight v. Counties of Big Stone
365 N.W.2d 349 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
356 N.W.2d 775, 1984 Minn. App. LEXIS 3694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paske-v-county-of-dakota-minnctapp-1984.