Rau v. St. Louis County Employees' Retirement Program

69 S.W.3d 101, 2002 Mo. App. LEXIS 293, 2002 WL 233655
CourtMissouri Court of Appeals
DecidedFebruary 19, 2002
DocketNo. ED 79605
StatusPublished
Cited by1 cases

This text of 69 S.W.3d 101 (Rau v. St. Louis County Employees' Retirement Program) 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
Rau v. St. Louis County Employees' Retirement Program, 69 S.W.3d 101, 2002 Mo. App. LEXIS 293, 2002 WL 233655 (Mo. Ct. App. 2002).

Opinion

GEORGE W. DRAPER III, Judge.

Donna Rau (hereinafter, “Employee”) appeals from the circuit court’s judgment affirming the decision of the Board of Trustees of the St. Louis County’s Employees’ Retirement Plan (hereinafter, “the Board”) denying her credited service in the St. Louis County Retirement Plan (hereinafter, “the Plan”) prior to July 1, 1980. Employee claims the Board erred in denying her credited service because she was a qualified St. Louis County employee for the period in question. We affirm.

St. Louis County Juvenile Court hired Employee as a federal grant employee on February 7, 1972. Federal grant employees were hired by the presiding judge of the juvenile court subject to the approval of the court en banc. A juvenile court employee processed the federal grant employees’ payroll checks. By contrast, St. Louis County processed the juvenile court payroll checks for all employees not paid under the federal grant program. As a federal grant employee, Employee did not make any contributions to the Plan and did not receive any payment from the Plan when it ceased to be contributory.1 Employee remained in her capacity as a federal grant employee until July 1, 1980, performing various functions for the juvenile court as a deputy juvenile officer.

On July 1, 1980, Employee transferred from the federal grant position to the position of Director of Research and Evaluation, a nonfederal grant position. Employee was placed on the St. Louis County payroll and completed a Plan Membership Record Form. Employee did not claim any former employment with St. Louis County on the Plan Membership Record Form.

Employee announced her intention to retire on June 6, 2000, contingent upon the Board granting her credited service2 for the period from February 7, 1972 until July 1, 1980 and Rule of Eighty3 benefits from February 7, 1972 until June 6, 2000. The Board denied her request stating her age plus years of credited service did not equal or exceed eighty, A full hearing followed. After the hearing, the Board issued its Findings of Fact, Conclusions of Law and Decision on July 27, 2000, denying Employee’s claim. Employee petitioned for review by the St. Louis County Circuit Court, which affirmed the Board’s decision. Employee appeals.

[103]*103When reviewing an agency’s decision, the court’s task is to determine only whether the administrative decision is supported by competent and substantial evidence on the whole record; whether the decision was arbitrary, capricious or unreasonable; or whether the administrative action constituted an abuse of discretion. Firetek, Inc. v. St. Louis County, 44 S.W.3d 904, 906 (Mo.App. E.D.2001). The evidence is considered in the light most favorable to the administrative agency’s finding, together with all favorable inferences supporting it. Bollinger v. Wartman, 24 S.W.3d 731, 733 (Mo.App. E.D.2000). However, when the decision of the administrative agency involves the interpretation of law and application of the law to undisputed facts, this Court must form its own independent conclusions and is not bound by the interpretation of the hearing examiner. Missouri Com’n on Human Rights v. Red Dragon Restaurant, Inc., 991 S.W.2d 161, 165 (Mo.App. W.D.1999).

Employee’s sole point on appeal challenges the Board’s denial of retirement benefits because she claims pursuant to St. Louis County ordinances she was a participant in the Plan during the period in question by virtue of her being a salaried employee of the St. Louis County Juvenile Court. Both parties rely on State ex inf. Anderson v. St. Louis County, 421 S.W.2d 249 (Mo. banc 1967) (hereinafter, “Weinstein I ”) and State ex rel. Weinstein v. St. Louis County, 451 S.W.2d 99 (Mo. banc 1970)(hereinafter, “Weinstein II”). Further, the Board claims that the juvenile court is bound by the stipulation of settlement entered in Kathryn Arnold, et al., v. Cary Ashley, et al, and St. Louis County, No. 315-196 (Cir.Ct. Nov. 24, 1971) which excludes federal grant employees from participating in the Plan.

In Weinstein I, Judge Noah Weinstein of the juvenile court prepared and submitted to St. Louis County budget officials the estimates for the juvenile court’s requirements for the year 1967. Id. at 251. Pri- or to submission to the budget officer, these budget estimates were approved by the circuit court en banc. Id. The budget officer then made several reductions in these estimates, which subsequently were approved by the County Council. Id. The budget officer also informed the juvenile court that all juvenile court employees were under the St. Louis County merit system and that the civil service commission had the responsibility to control all phases of personnel administration regarding those employees. Id. at 252.

Judge Weinstein asserted that the court had the authority to employ, discharge, and fix the salary of the juvenile court employees, and that neither the budget officer or the County Council had any authority to change the budget estimates of the juvenile court without its consent. St. Louis County argued that the inherent power of the circuit court to do things necessary to preserve its functions did not extend to expenditures for personnel involved in judicial administration. Moreover, it argued that the juvenile court employees were employees of St. Louis County and subject to the county’s merit system. Id. at 252.

Weinstein I resolved the budget dispute by holding that Section 50.640 RSMo (1959) applied to St. Louis County. Section 50.640 states in part: “[t]he budget officer or the county court shall not change the estimates of the circuit court ... .without the consent of the circuit court.” These budgets were construed to include expenses for all the various activities of the juvenile court as well. Id. at 253. Therefore, the budget officer improperly reduced the juvenile court’s budget and needed the consent of the juvenile court before doing so. Id. at 252.

[104]*104To resolve whether juvenile court employees were employees of St. Louis County, Weinstein I looked to several statutes, constitutional provisions and the St. Louis County Charter. The Missouri Supreme Court held that the personnel provided for the assistance of the juvenile court were not judicial officers, but were employees of St. Louis County. Id. at 255. The Court then articulated that the juvenile court could provide for additional personnel, may request compensation, and make estimates for expenses that could not be altered without the consent of the juvenile court, and that the juvenile court employees were subject to the merit system. Id.

Three years later the juvenile court and St. Louis County disagreed as to who had the power to select and control the personnel serving various departments of the juvenile court, who could determine the number of employees serving these departments, and who fixes their compensation. Weinstein II, 451 S.W.2d at 101.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
69 S.W.3d 101, 2002 Mo. App. LEXIS 293, 2002 WL 233655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rau-v-st-louis-county-employees-retirement-program-moctapp-2002.