Police Pension Board of City of Phoenix v. Warren

398 P.2d 892, 97 Ariz. 180, 1965 Ariz. LEXIS 186
CourtArizona Supreme Court
DecidedFebruary 3, 1965
Docket7984
StatusPublished
Cited by35 cases

This text of 398 P.2d 892 (Police Pension Board of City of Phoenix v. Warren) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Police Pension Board of City of Phoenix v. Warren, 398 P.2d 892, 97 Ariz. 180, 1965 Ariz. LEXIS 186 (Ark. 1965).

Opinions

STRUCKMEYER, Vice Chief Justice.

This is an application by Lillian M. Warren for writ of mandamus to compel the Police Pension Board of the City of Phoenix to grant her a pension. The lower court ordered that the writ issue and the Police Pension Board of the City of Phoenix and its members appealed.

Appellee had, prior to May 14, 1942, been employed by the City of Phoenix in its Water Department. On that day, at her request, she was transferred from the Water Department to the Police Department and continued as an employee in the Police Department until she left the service of the City on November 15, 1962. Her duties' were clerical and secretarial in that she served as secretary to the Chief of Police and was responsible for the preparation and computation of the department payroll and annual budget. She was not sworn as a police officer nor did she perform police duties in the commonly accepted sense of police work; that is, the protection of life and property, the investigation of crimes, or the apprehension of criminals. She did not contribute five per cent of her salary to the police pension fund as is required by A.R.S. § 9-923, but she did contribute a percentage of her salary for Social Security and to the General Employees’ Retirement Fund provided for all city employees by A.R.S. § 38-752 et seq. After her employment terminated, she applied to the Police Pension Board of the City of Phoenix for a pension, which application was denied. Appellee then brought this action [183]*183in mandamus in the Superior Court of Maricopa County.

The Arizona statute, A.R.S. § 9-925, suhs. A, as re-enacted in 1952 is in substantially the same language as originally enacted in 1937:

“Any member of the police department whose membership began prior to July 1, 1952 and who serves such department twenty (20) years in the aggregate may, upon application he retired, and shall be paid, during his lifetime, a monthly pension equal to fifty (50) per cent of the average monthly compensation received by him during the period of five (5) years immediately prior to the date of application for retirement. * * * ” Ch. 93, Second Regular Session, § 16-1808(b), Laws of 1952.

A.R.S. § 9-911, in its pertinent part, provides :

“ * * * unless the context otherwise requires:
“6: ‘Member’ or ‘member of the department’ means a member of the police department, and includes all ranks and both sexes.”

Appellants urge, in effect, that the phrase “member of the police department” as used in § 9-925 means those who were sworn as police officers and whose responsibilities embrace the duties common to peace officers everywhere. Appellee seeks to give to the phrase “member of the police department” a literal significance so as to include those employees who work in the proximity of or assist the police force of the City of Phoenix in the Police Department.

The definition of “member of the department” set forth supra in A.R.S. § 9-911, suhs. 6, is plainly tautological. It does, however, provide one guide which we feel has some considerable significance in discerning legislative intent. It includes all ranks of both sexes as members of the department. Webster defines rank as “[g]rade or official standing, as in the army, navy, or nobility; * * Webster’s Second New International Dictionary. As applicable to a police force, rank is commonly understood to mean patrolman, sergeant, detective, captain, etc. Quite obviously as a clerk or secretary appellee did not hold rank in the Police Department of the City of Phoenix. Nor does appellee contend that she held any rank. There is thus a strong supposition that appellee’s interpretation does not coincide with the legislative intended meaning of the phrase “member of the police department.”

Appellee states, as a predicate for her argument, that “plaintiff has been employed by the Phoenix Police Department for twenty (20) years, and has been paid from the Police Department Budget.” The mis[184]*184conceptions implicit in these statements are fundamental and require some comment. Appellee was not employed by the Phoenix Police Department. She was employed by the City and assigned to work in the Police Department as a classified city employee subject to transfer to another department pursuant to the rules promulgated by the Civil Service Board of Phoenix, see e. g. Rule IV, § 11(a), Rules of the Civil Service Board, City of Phoenix, 1938, and Rule 12, a and b, Personnel Rules, City of Phoenix, 1955. Doubt of the soundness of appellee’s position is prompted if we consider that should appellee have been transferred prior to working twenty years in the Police Department she could not have thereafter establishéd any valid claim for retirement under the Police Pension Act.

Moreover, that appellee was paid from the Police Department budget affords no clue as to the intention of the legislature in enacting the police pension statutes. Whom the City of Phoenix includes in the department’s budget pursuant to administrative policy can shed no possible light as to whom the legislature intended to include in the phrase “member of the police department.” Legislative intent cannot be determined from the varying administrative policies of the different city governments in Arizona or by the inclusion or exclusion of various employees in different cities in the respective police departments. Conceivably, for example, Phoenix might carry police vehicle maintenance employees on the Police Department payroll or in its department budget whereas another city might establish a Maintenance Department for all city vehicles and the employees who serviced police vehicles carried there, or a city might change its administrative policy and at different times carry the same employee in different departments.

Much of the problem arising in this case may be attributed to 'the use of the word “department” in § 9-925, subs. A, supra. Department is defined by Webster as “[a] division or branch of governmental administration, national or municipal; as, the health, water, or street department of a city; * * Webster’s Second New International Dictionary. Obviously, a department may be as inclusive or exclusive of personnel as the establishing municipal authority chooses to decree. Insofar as a police department is concerned, it might or might not include those indirectly or incidentally concerned in police affairs; as for example, those employed to wash police vehicles. If appellee’s position is correct, potentially many other city employees may seriously claim to have ' acquired rights under the Police Pension Act. Such a result is patently absurd. Courts will not place upon a statute a construction which will result in an absurd consequence. State Board of Dispensing Opticians v. Schwab, 93 Ariz. 328, 380 P.2d 784; Local 266, International Brotherhood of Electrical [185]*185Workers, A. F. of L. v. Salt River Project Agricultural Improvement and Power District, 78 Ariz.

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Bluebook (online)
398 P.2d 892, 97 Ariz. 180, 1965 Ariz. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/police-pension-board-of-city-of-phoenix-v-warren-ariz-1965.