Sigurdson v. Isanti County

363 N.W.2d 476
CourtCourt of Appeals of Minnesota
DecidedMay 1, 1985
DocketC9-84-1138
StatusPublished
Cited by9 cases

This text of 363 N.W.2d 476 (Sigurdson v. Isanti County) 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
Sigurdson v. Isanti County, 363 N.W.2d 476 (Mich. Ct. App. 1985).

Opinions

OPINION

WOZNIAK, Judge.

This is an action by Renja Sigurdson against Isanti County, Aaron Boettcher, and Frank Mennenga, alleging sex discrimination in employment practices in violation of Minn.Stat. § 363.03, subd. l(2)(c). Si-gurdson alleges the County Assessor’s office discriminated against her, on the basis of sex, in their hiring practices and in their promotion and advancement policies as compared with male co-worker Curtis Becker. The appellant further claims that she was discriminated against in reprisal for bringing charges of discrimination in employment.

The advisory jury by special verdict interrogatories found that the respondents had discriminated against Sigurdson, and that she sustained damages in the amount of $19,500 in back wages and $450 for mental and emotional suffering as a result of such discrimination. The advisory jury further found that the County Assessor’s office had not discriminated against Sigurd-son in reprisal for bringing charges of discrimination.

The trial court rejected the advisory jury’s findings of sex discrimination, denied Sigurdson recovery on any of her claims, and ordered Sigurdson to pay Isanti County $3,600 for attorney’s fees. We affirm in part and reverse in part.

FACTS

Isanti County hired Renja Sigurdson to fill an advertised CETA position of temporary secretary, at a starting salary of $4,884, on February 1, 1975. Sigurdson’s duties were clerical in nature, under the direct supervision of Aaron Boettcher, then Isanti County Assessor.

In January 1975, prior to hiring Sigurd-son as a temporary secretary, Isanti County had advertised for two additional CETA funded positions for certified property as[478]*478sessors. No appropriate response was received. The County readvertised in August, and Curtis Becker (with whom Si-gurdson claimed throughout the trial that she should be compared) and Duane Johnson were hired. Neither was a certified assessor, but the County needed to fill the positions and decided to hire the applicants with the highest qualifications available. Both had college degrees, the necessary farm backgrounds, and knowledge of rural buildings and values. Little additional training was required and both became certified assessors in early 1976. Sigurdson did not apply for either assessor position. Furthermore, even if she had applied, she would not have met the CETA requirement of being unemployed for at least 30 days prior to application.

All department employees were given like educational opportunities at the County’s expense. Sigurdson requested and was allowed to attend thirteen courses and seminars from 1976 through 1983. She became a certified assessor in December of 1976, and although she has completed the requisite course work, has never written the final paper necessary to become an accredited assessor.

Sigurdson requested to do field appraisal work between December 1976 and June 1979. Her requests were denied because the office had no need for additional field appraisers.

In the spring of 1979, a male employee quit the Assessor’s office, freeing up computer and appraiser work. At a staff meeting in June, Aaron Boettcher requested assistance with those responsibilities. Si-gurdson precipitated an argument with Boettcher and, in no uncertain terms, refused such advancement, cleared out her desk, and left the premises. Boettcher assumed she had quit. Sigurdson claimed that she did not quit.

In July 1979, after negotiations with the County Board, Sigurdson was reassigned to the Assessor’s department. During the July 1979 field appraising season, the first season after the male employee quit, Si-gurdson and another female employee were assigned field work in addition to their regular office duties. This was the first opening for additional appraiser work since Sigurdson became certified in 1976. No employee, male or female, was upgraded ahead of Sigurdson.

On September 17, 1979, Boettcher issued a written reprimand to Sigurdson. Boettcher testified that he issued the reprimand because Sigurdson had continually been asking him questions such as: “Why are you treating me different than the other people?”, and “Why aren’t you satisfied with my work?” In the reprimand, Boettcher instructed Sigurdson to put her complaints about the office in writing. Boettcher testified that the complaints stopped after the reprimand.

During 1978 and 1979, Isanti contracted through the Minnesota Association of Counties to classify and evaluate all county employees to establish job classifications and set salaries. Sigurdson was classified as an Appraiser Trainee. Curtis Becker, who had been doing field appraisal work since 1976, was classified as a Property Assessor.

A Cease and Desist Order froze all promotions in May 1979. Union Local 320 was certified to represent the county courthouse employees. Under the union contract, effective March 1980, Sigurdson was classified as a Property Appraiser and was compensated retroactively back to mid-1979. Curtis Becker was classified as a Deputy Assessor, reflecting superior education, training, experience, and ability which accounted for a pay differential.

Aaron Boettcher retired in June 1981. Both Sigurdson and Becker applied for the position of County Assessor. An outsider, Frank Mennenga, a former Deputy Assessor with administrative experience and two college degrees, was hired. He was clearly the best qualified candidate for the job.

Shortly thereafter, in August 1981, Men-nenga considered recommending Sigurdson for reclassification as a Deputy Assessor. In county government, an individual is considered for a deputy position when the head [479]*479of the department has determined that that person is qualified to act in his stead, and is not only familiar but supportive of the policies of the department, and can be trusted to do in the absence of the department head what the department head would do if he were there.

Mennenga dismissed this consideration soon thereafter. In a meeting between Sigurdson, Mennenga, and Caroline Drude, Executive Secretary of the County Board and Personnel Director, Sigurdson indicated that if she were named deputy she would follow the policies of the department that she agreed with and which she felt were in the best interest of the County. She would not indicate that she would support department policy set by Mennenga. Additionally, Sigurdson was involved in several work-related incidents which required Mennenga to reassign her duties— transferring her field appraising assignment from one section to other sections. Sigurdson disobeyed these instructions.

In December 1981, Sigurdson again violated Assessor’s Office rules, this time entering a taxpayer’s home without permission. Sigurdson’s actions resulted in an explosive incident between the taxpayers and County officials. The taxpayers threatened to sue the County for breaking and entering and trespass. Mennenga and Drude managed to appease the taxpayers. Consequently, Sigurdson was reassigned to desk duty to review and study the Minnesota Assessor’s manual and the applicable taxation statutes. Mennenga felt that perhaps Sigurdson was unfamiliar with the manual and the statutes — complex documents which had recently been updated. Sigurdson took offense, rejected these instructions, and went about other office matters. A written reprimand was filed. After continued disobedience, another letter of reprimand was sent to Sigurdson.

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Related

Sigurdson v. Isanti County
433 N.W.2d 910 (Court of Appeals of Minnesota, 1989)
Shea v. Hanna Mining Co.
397 N.W.2d 362 (Court of Appeals of Minnesota, 1986)
Sigurdson v. Isanti County
386 N.W.2d 715 (Supreme Court of Minnesota, 1986)

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363 N.W.2d 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sigurdson-v-isanti-county-minnctapp-1985.