Schuettenberg v. Board of Police Commissioners of the City of St. Louis

935 S.W.2d 712, 1996 Mo. App. LEXIS 1729, 1996 WL 604791
CourtMissouri Court of Appeals
DecidedOctober 22, 1996
DocketNo. 70000
StatusPublished
Cited by5 cases

This text of 935 S.W.2d 712 (Schuettenberg v. Board of Police Commissioners of the City of St. Louis) 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
Schuettenberg v. Board of Police Commissioners of the City of St. Louis, 935 S.W.2d 712, 1996 Mo. App. LEXIS 1729, 1996 WL 604791 (Mo. Ct. App. 1996).

Opinion

HOFF, Judge.

Kevin Schuettenberg, a mechanic trainee employed by the Board of Police Commissioners of the City of St. Louis, brought this wrongful discharge action. The trial court sustained the Board’s motion for summary judgment and Schuettenberg appeals. We affirm.

Our review of the propriety of a summary judgment is essentially de novo. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 876 (Mo. banc 1993). In this ease, there is no genuine issue as to any material fact. The parties agree this case concerns the construction of a statute, which is a matter of law. Bradley v. Mullenix, 763 S.W.2d 272, 275 (Mo.App.1988).

Schuettenberg was employed as a mechanic trainee in the Board’s Laclede garage. On December 17,1990, Schuettenberg slipped in oil while working and injured his back. He reported the injury to his supervisor and was taken to St. Louis University Hospital for medical treatment. An Incident Report was prepared regarding the incident.

The Board subsequently charged Schuet-tenberg with four violations of Department rules and regulations, including two counts of false reporting and two counts of conduct unbecoming. Based on these charges, Schuettenberg was terminated on March 27, 1991. He was not afforded an opportunity to respond to the charges or to challenge the dismissal.

Schuettenberg filed a claim for compensation under the Missouri Workers’ Compensation Law for his work-related accident and received an award on April 15, 1992. The Administrative Law Judge found Sehuetten-berg suffered a compensable injury. The Board failed to properly appeal the award and it is now final.

On July 20, 1992, Schuettenberg filed this wrongful discharge action against the Board. Schuettenberg alleged that he was an employee who could only be discharged if he was found “unfit” to perform his duties. Consequently, he claims he had a constitutionally protected property interest in his employment and was entitled to a hearing regarding his termination.

The Board filed a motion for summary judgment. The trial court granted the motion on the ground that Schuettenberg was “an employee at will, without a property interest in continued employment under governing state law.” This appeal followed.

Schuettenberg maintains on appeal that he was an employee who could only be discharged “for cause” and, as such, was entitled to a hearing regarding his termination. His argument is premised on § 84.040 RSMo Cum.Supp.1992 which provides, in part, as follows:

Police commissioners — qualifications— term of office — oath—compensation.— ... the said commissioners and the said mayor shall take and subscribe before the same judge or clerk the further oath or affidavit that in any and every appointment or removal to be made by them to or from the police force created and to be organized by them under sections 84.010 to [714]*71484.340, they will in no case and under no pretext appoint or remove any policeman or officer of police, or other person under them, on account of the political opinions of such police officer or other person, or for any other cause or reason than the fitness or unfitness of such a person ....

(emphasis added). Schuettenberg argues that the words “or other person under them” could only mean civilian employees such as himself. The Board argues this section does not apply to Schuettenberg and that the words “or other person under them” refers to only those individuals who are policemen, officers of police, or members of the police force.

When construing a statute, it is the court’s purpose to ascertain the legislature’s intent from the language used and, if possible, to give effect to that intent. Melahn v. Otto, 886 S.W.2d 525, 527 (Mo.App.1992). Additionally, the statute must be viewed as a whole and read in its entirety. National Advertising Co. v. Missouri State Highway & Transportation Commission, 862 S.W.2d 953, 954 (Mo.App.1993).

Section 84.040 does not specifically define what is meant by the words “or other person under them.” It is necessary to apply the rules of construction where the language is not clear and is ambiguous. Jones v. Director of Revenue, 832 S.W.2d 516, 517 (Mo. banc 1992).

In order to answer the question as to whether Schuettenberg was an employee at will or an employee who could only be discharged for cause, we must determine if the words “or other person under them” refer to civilian employees like Schuettenberg. Under the rule of ejusdem generis, a general term in a statute that follows an enumeration of specific things is not to be construed broadly but is to be held to apply to other things of the same kind or class as those specifically mentioned. Pollard v. Board of Police Commissioners, 665 S.W.2d 333, 341 (Mo. banc 1984); Black’s Law Dictionary 517 (6th ed. 1990). Here, the catch-all phase “or other person under them,” follows an enumeration of two specific types of employees — policeman and officer of police. Accordingly, we read the words “or other person under them” to describe lieutenants, detectives, patrolmen, turnkeys, et cetera— in other words, members of the police force and not civilian employees like Schuetten-berg.

Our conclusion that the statute does not apply to civilian employees is further supported by the fact that § 84.040, the statute Schuettenberg urges us to follow, is entitled “Police commissioners — qualifications—term of office — oath—compensation.—” Its fundamental purpose is to instruct the reader on the oath police commissioners are required to make prior to taking office, not to provide for a hearing in the event of disciplinary action.

In contrast, §§ 84.080, 84.120, 84.150 and 84.170 RSMo 1986 specifically address the issue of removal from office and termination of employment. Section 84.120 states: “The patrolmen and turnkeys hereafter appointed shall serve while they shall faithfully perform their duties and possess mental and physical ability and be subject to removal only for cause after a hearing by the boards, who are hereby invested with the exclusive jurisdiction in the premises.” Section 84.150 contains a similar provision. Noticeably absent from these statutes, however, is mention of civilian employees like Schuettenberg. This court “may not engraft upon the statute provisions which do not appear in explicit words or by implication from other language in the statute.” Wilson v. McNeal, 575 S.W.2d 802, 810 (Mo.App.1978).

Finally, in Baer v. Civilian Personnel Div., St. Louis Police Officers Ass’n., 747 S.W.2d 159 (Mo.App.1988), the Court of Appeals was asked to determine whether civilian employees of the St. Louis City Police Department are “police” within the meaning of § 105.510 RSMo 1986.1

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

Related

Joshua Lasley v. St. Louis County
Missouri Court of Appeals, 2025
State Ex Rel. McGull v. St. Louis Board of Police Commissioners
178 S.W.3d 719 (Missouri Court of Appeals, 2005)
State Ex Rel. Rogers v. Board of Police Commissioners
995 S.W.2d 1 (Missouri Court of Appeals, 1999)
Bitting v. Central Pointe Condominium Board of Managers
970 S.W.2d 898 (Missouri Court of Appeals, 1998)
Alumax Foils, Inc. v. City of St. Louis
959 S.W.2d 836 (Missouri Court of Appeals, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
935 S.W.2d 712, 1996 Mo. App. LEXIS 1729, 1996 WL 604791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuettenberg-v-board-of-police-commissioners-of-the-city-of-st-louis-moctapp-1996.