Skinner v. CIVIL SERVICE COM'N

232 P.3d 558
CourtWashington Supreme Court
DecidedMay 13, 2010
Docket82306-5
StatusPublished
Cited by17 cases

This text of 232 P.3d 558 (Skinner v. CIVIL SERVICE COM'N) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skinner v. CIVIL SERVICE COM'N, 232 P.3d 558 (Wash. 2010).

Opinion

232 P.3d 558 (2010)

Roger L. SKINNER, Respondent,
v.
CIVIL SERVICE COMMISSION OF the CITY OF MEDINA; the City of Medina, a municipal corporation; Medina Police Department, Petitioners.

No. 82306-5.

Supreme Court of Washington, En Banc.

Argued January 19, 2010.
Decided May 13, 2010.

*559 Greg Alan Rubstello, Attorney at Law, P. Stephen DiJulio, Foster Pepper, P.L.L.C., Seattle, WA, for Petitioners.

William Jacob Murphy, Attorney at Law, Rollingbay, WA, for Respondent.

OWENS, J.

¶ 1 After losing his job as a police officer with the city of Medina (City) Police Department, Roger Skinner appealed his termination to the City of Medina Civil Service Commission (Commission). The Commission affirmed Skinner's discharge. Pursuant to the Commission's rules, Skinner filed a timely motion for reconsideration, which the Commission denied. Twenty-nine days after the denial of reconsideration, Skinner filed a notice of appeal and petition for writ of review (appeal) with the King County Superior Court and served notice on the Medina city clerk. The superior court granted the City's motion for summary judgment, finding that Skinner "failed to serve and file his appeal of the September 1, 2006 Order ... within 30 days of its entry as required by RCW 41.12.090." Clerk's Papers (CP) at 258. The Court of Appeals reversed the superior court's grant of summary judgment. Skinner v. Civil Serv. Comm'n, 146 Wash.App. 171, 188 P.3d 550 (2008). We affirm the Court of Appeals.

FACTS

¶ 2 Skinner was fired from his position as a lieutenant with the Medina Police Department effective February 15, 2006, and appealed his discharge to the Commission. As required by statute, the Commission is composed of three volunteer members, RCW 41.12.030, and a secretary and chief examiner, RCW 41.12.040. The Commission issued its findings, conclusions, and order in Skinner's case on September 1, 2006. In its order, the Commission found that Skinner had made comments to personnel stating that Chief of Police Jeffrey Chen had said that monkeys could do their jobs and that Skinner had also said that "`Asians don't make good managers because people don't like them,'" a comment apparently made to undermine Chief Chen based on his ethnicity. CP at 8-9, 11-12. Finding that these comments "constituted disrespectful, discourteous and insubordinate conduct," CP at 12, the Commission affirmed Skinner's discharge.

¶ 3 The final paragraph of the Commission's findings, conclusions, and order provided:

Under Commission Rule 18.31 a party may move for reconsideration within 10 days of the date of this decision. In the absence of a motion for reconsideration, any appeal from this decision to King County Superior Court shall comply with Chapter 41.12 RCW.

CP at 16. Skinner submitted a timely motion for reconsideration to the Commission, which denied the motion on September 18, 2006. On October 17, 2006, Skinner filed his appeal with the King County Superior Court. That same day, Skinner attempted to serve the Commission by delivering the notice of appeal to the Medina city clerk, located in the Medina City Hall. The address of the Commission office designated in the Commission's rules is the address of the Medina City Hall, though the Commission has no physical office space in the building and Commission staff are not regularly present in the building. Skinner's attorney left three copies of the notice of appeal with the Medina city clerk. The Commission's attorney entered a notice of appearance in the case on October 23, 2006, and, on November 15, 2006, joined the City's motion to dismiss the appeal. The superior court entered an order denying the City's motion on December 1, 2006.

¶ 4 On June 26, 2007, the City moved for summary judgment and the superior court granted the City's motion, dismissing Skinner's case in its entirety. The language of the court's order implicates two possible bases: *560 that Skinner's appeal was untimely or that the appeal was not properly served. Skinner appealed the superior court's decision to Division One of the Court of Appeals, which reversed the entry of summary judgment. Skinner, 146 Wash.App. at 173, 188 P.3d 550. The City petitioned this court for review, which we granted. Skinner v. Civil Serv. Comm'n, 165 Wash.2d 1040, 204 P.3d 215 (2009).

ISSUES

¶ 5 1. Did Skinner's motion for reconsideration toll the 30-day period for appealing the Commission's decision?

¶ 6 2. Did Skinner's service on the Medina city clerk constitute adequate service on the Commission?

ANALYSIS

A. Standard of Review

¶ 7 This appeal calls for us to interpret statutes and a civil service commission's rules. These are questions of law, which this court reviews de novo. City of Spokane v. Rothwell, 166 Wash.2d 872, 876, 215 P.3d 162 (2009).

B. Motion for Reconsideration and Tolling of the Appeal Period

¶ 8 The statute governing appeals from decisions by a police civil service commission, RCW 41.12.090, requires that an appeal be taken within 30 days of the commission's "judgment or order." Because an appeal from an administrative body invokes the superior court's appellate jurisdiction, "`all statutory requirements must be met before jurisdiction is properly invoked.'" Fay v. Nw. Airlines, Inc., 115 Wash.2d 194, 197, 796 P.2d 412 (1990) (quoting Spokane County v. Utils. & Transp. Comm'n, 47 Wash.App. 827, 830, 737 P.2d 1022 (1987)). Skinner filed his appeal from the Commission's decision 29 days after the Commission issued its order denying motion for reconsideration and 46 days after the Commission issued its findings, conclusions, and order. The City argues that the 30-day appeal period runs from the issuance of the first order and identifies two alternative bases for its conclusion: (1) the statute prohibits motions for reconsideration, so the motion for reconsideration here had no effect; and (2) even if the motion for reconsideration was permissible, the statute requires that the 30-day period run from the original order. The City misreads the statutory scheme. Because the Commission's rule allowing for reconsideration is not inconsistent with the statute, it is valid and authorized by chapter 41.12 RCW. In addition, Skinner's motion for reconsideration tolled the 30-day appeal period.

1. The Commission Had Authority To Reconsider Its Decision

¶ 9 Contrary to the City's argument, state law does not prohibit the Commission from reconsidering its initial order. RCW

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