Robinson v. Utilities Commission of Columbus

487 So. 2d 827, 1986 Miss. LEXIS 2439, 1986 WL 1167023
CourtMississippi Supreme Court
DecidedApril 23, 1986
DocketNo. 55489
StatusPublished
Cited by5 cases

This text of 487 So. 2d 827 (Robinson v. Utilities Commission of Columbus) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Utilities Commission of Columbus, 487 So. 2d 827, 1986 Miss. LEXIS 2439, 1986 WL 1167023 (Mich. 1986).

Opinion

ROY NOBLE LEE, Presiding Justice,

for the Court:

This minuscule case is appealed from the Circuit Court of Lowndes County. The circuit judge noted, “This case is small enough to be very complicated.” In addition, it originated in the Justice Court where the Justice Court Judge granted a ninety-day delay, urging that the parties (attorneys) meet with the appellant, The Utilities Commission of the City of Columbus (Utilities) and settle the matter. His laudable action was to no avail.

The appellant, John William Robinson, was employed by Utilities as a lineman at wages of ninety-eight dollars ninety-six cents ($98.96) per day and had been so employed for approximately ten (10) years. Thus begins the controversy. According to appellees’ policy, an employee was entitled to two weeks’ vacation, and, when he had been in such employment for ten years, he was entitled to three weeks’ vacation.

Appellant was employed on January 1, 1972, but, since that date was Saturday, a holiday for the Light and Water Department, he did not actually begin work until January 3, the following Monday. On Jan[828]*828uary 1, 1982, appellant contended that he was entitled to three weeks vacation, while appellees argued that he was two days short of the ten-year period, and not qualified for the extra week’s vacation. Being aggrieved, appellant, by his attorney, filed suit in the Justice Court of District 2, Lowndes County, Mississippi, seeking $989.60, double time, for five days’ vacation pay. The factual question is not before us.

The appellant assigns three (3) errors committed by the lower court. We address only the question of whether or not the circuit judge erred in granting a summary judgment for the appellees.

The sequence of events in the case follow:

(1) Declaration was filed against the City of Columbus in the Justice Court.

(2) The City of Columbus filed a motion to dismiss the cause on the ground that appellant was not an employee of the City, but of Columbus Light & Water Department.

(3) Appellant filed a motion amending and joining the City Utilities Commission of the City of Columbus as a second defendant.

(4) Appellee Utilities filed an answer denying it owed appellant and stated as affirmative matter that there was no contract between appellant and appellees for vacation time. No other affirmative matter was stated.

(5) Justice Court Judge Dale postponed the trial for ninety days, suggesting that the attorneys contact Columbus and Utilities in an effort to settle the case.

(6) At the expiration of ninety days, ap-pellees’ attorney requested Justice Court Judge Dale to grant additional time for action by appellees.

(7) Counsel for appellees notified counsel for appellant that appellees would not settle the cause.

(8) Justice Court Judge Dale sustained a motion to dismiss filed by appellees and dismissed the cause without prejudice.

(9) Appellant appealed to the Circuit Court of Lowndes County. The appeal exceeded by two days the ten-day period provided for appeals from decisions of municipal authorities in Mississippi Code Annotated § 11-51-75, relied upon by appellees.

(10) Appellees filed a motion to dismiss in the Circuit Court of Lowndes County.

(11) The circuit court sustained the motion and entered an order dismissing the cause, stating as reasons that:

1. The defendant is a “municipal authority” within the meaning of § 11-51-75 of the Miss.Code Ann. of 1972, as amended.
2. The plaintiff failed to appeal the decision of the defendant denying the relief which plaintiff requested within ten days from the date of adjournment of the March, 1983 regular meeting of the defendant. The failure to appeal from that decision to this court within ten days from the date of adjournment of that meeting, shall require dismissal with prejudice of plaintiff’s claims against defendant provided that the defendant did not waive its right to object by participation in the case before the Justice Court.

The record before us on these questions is meager and undeveloped at best. Appellate courts work with the material and tools supplied in the record. With what we have, we reach a speedy decision. The lower court erred in sustaining the motion to dismiss appellant’s cause.

The record contains a copy of Art. 2 of the Columbus Code, which creates the “Utilities Commission” of the city and grants unto it general and specific powers. The five members of the Commission are appointed by the City Council, which has the power to remove the members for inefficiency, incompetency or any other good cause. Art. 2 does not contain any grievance or complaints procedure or any claims process. There is no provision for appeals, either to the City Council or to any court. The record and briefs do not indicate any method which would afford help in deter[829]*829mining the exact status of the Utilities Commission on this question. The attorneys for appellant and appellees were of the opinion that the Justice Court was the proper forum to litigate appellant’s claim. None of them contended that, when Justice Court Judge Dale delayed the trial in his court and suggested a compromise be worked out between the parties, the matter was being transferred to the Utilities Commission for anything other than compromise of the case pending in justice court. In fact, when the Utilities Commission declined to settle the claim, its attorney wrote the following letter to appellant’s attorney:

This letter serves to confirm that the members of the Utility Commission failed to grant the relief requested by your client, Bill Robinson, insofar as his 1982 vacation is concerned. That being the case, I assume that you plan to proceed with the lawsuit in Judge Ellis Dale’s court. If so, please kindly advise me of a date for the hearing after you have obtained one from Judge Dale.

The circuit judge held that the Utilities Commission is a “municipal authority” within the meaning of Miss.Code Ann. § 11-51-75, (1972), as amended. We are of the opinion that it is not such a municipal authority as contemplated by that section, which follows in part:

Any person aggrieved by a judgment or decision of the board of supervisors, or municipal authorities of a city, town, or village, may appeal within ten (10) days from the date of adjournment at which session the board of supervisors or municipal authorities rendered such judgment or decision, and may embody the facts, judgment and decision in a bill of exceptions which shall be signed by the person acting as president of the board of supervisors or of the municipal authorities ....

In sections under Title 21, Miss.Code Ann. (1972), the references to “municipal authority” mean the mayor and board of aldermen, city council, or other such form of government.

Appellees rely upon Mississippi Code Annotated § 31-7-1 (1972), where “governing authority” is defined as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
487 So. 2d 827, 1986 Miss. LEXIS 2439, 1986 WL 1167023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-utilities-commission-of-columbus-miss-1986.