Slaughter v. Snohomish County Fire Protection District No. 20

750 P.2d 656, 50 Wash. App. 733
CourtCourt of Appeals of Washington
DecidedMarch 7, 1988
DocketNo. 18320-6-I
StatusPublished
Cited by7 cases

This text of 750 P.2d 656 (Slaughter v. Snohomish County Fire Protection District No. 20) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slaughter v. Snohomish County Fire Protection District No. 20, 750 P.2d 656, 50 Wash. App. 733 (Wash. Ct. App. 1988).

Opinion

Pekelis, J.

Robert E. Slaughter and Delores Ruth Slaughter appeal from a judgment dismissing their suit for unlawful discharge and sex discrimination.

I

Snohomish County Fire Protection District 20 is located in a rural area north of Marysville and west of Arlington. The District is staffed almost entirely by volunteers, under the direction of three commissioners.

Beginning in 1967, Robert Slaughter served as a volunteer fire fighter for District 20. In 1980, the commissioners appointed Slaughter volunteer chief, a position which he held until May 1983. In addition to his volunteer position, Slaughter was employed from 1972 until June 1983 as the District's only paid fire fighter. As such, he was responsible for maintaining the District's buildings and equipment.

Ruth Slaughter, Robert Slaughter's wife, was employed by the District as secretary to the commissioners. In this capacity, she was responsible for, among other things, keeping the District's records. In addition, she served as a volunteer fire fighter. At some point during her husband's tenure as volunteer chief, he appointed her volunteer captain of the Loma Lake Fire Station.

According to trial testimony, there was widespread unhappiness among the volunteer fire fighters during Robert Slaughter's tenure as chief. Many were concerned about perceived problems of leadership, morale, and cleanliness, as well as the District's overall state of readiness. Some of these concerns were presented to Robert Slaughter in December 1981, but no significant improvements were made.

[735]*735By the spring of 1983, dissatisfaction with Slaughter's performance had spilled over into the community. At a commissioners' meeting on April 13, 1983, Slaughter agreed to resign as chief. The three commissioners agreed to resign as well, in order to allow for an entirely new administration. On May 1, however, Slaughter informed the commissioners that he would not resign. At their next meeting on May 18, the commissioners voted to discharge Robert Slaughter from his position as volunteer chief. At the same meeting, Ruth Slaughter resigned her position as secretary to the commissioners. The next day, Ruth Slaughter was asked to resign as volunteer captain, which she did.

Robert Slaughter returned to work from a vacation on June 1, 1983. At that time, Acting Chief William Overby told him that "his services [as paid fire fighter] were no longer required." Although the commissioners had given Overby broad authority to do "whatever was necessary" to revitalize the District, Overby doubted that he had authority to discharge Slaughter. Consequently, Overby contacted one of the commissioners, who prepared a letter informing Slaughter of his discharge for "failure to perform the duties, which includes [sic] maintenance of equipment, that are required by this department." The letter, which was signed on June 1, 1983, by two of the three commissioners, also instructed Slaughter to submit any claims for compensation to the District.

On June 8, 1983, Robert Slaughter, through his counsel, wrote to the commissioners requesting (1) a hearing to contest his discharge, (2) an accounting of all hours, wages, and benefits owed him, and (3) "any and all minutes, memoranda, or other documents which the Commission used . . . prior to making the termination decision.” Counsel for the commissioners responded on June 14, asking that Slaughter's request for records be more specific and indicating that an accounting was in progress. On June 28, Slaughter was provided with a copy of the minutes of the May 18 meeting and was informed that a hearing would take place at the next commissioners' meeting on July 13.

[736]*736The parties apparently approached the July 13 meeting with different expectations. The commissioners had in mind an opportunity for Slaughter, his counsel, and members of the community to speak in favor of or in opposition to Slaughter's discharge. Slaughter's counsel, on the other hand, indicated that he wished to examine Acting Chief Overby under oath. The commissioners went into executive session, after which they reconvened the meeting and announced that they did not have the authority to administer sworn oaths. Slaughter evidently found this unacceptable, because he left without making any presentation. The parties differ as to whether or not the commissioners were asked to specify the "charges" against Slaughter.

Robert and Ruth Slaughter thereafter brought suit against the District and the commissioners. After a bench trial, the court entered judgment in favor of the defendants.

II

Robert Slaughter contends that he was never lawfully discharged from his position as paid fire fighter. He argues (1) that he could only be discharged for good cause and was therefore entitled to a pretermination "due process" hearing, (2) that the commissioners could not lawfully discharge him except at a public meeting, (3) that the commissioners could not delegate to Acting Chief Overby the authority to discharge him, and (4) that the commissioners took no action to discharge him at the July 13 meeting.

A

Slaughter argues, first, that he could only be discharged for good cause and that because of this he was entitled to a pretermination "due process" hearing. The trial court rejected the argument, concluding that Slaughter's employment was terminable at will and that he was not entitled to a hearing.

In general, an employment contract indefinite as to duration is terminable at will by either the employer or the [737]*737employee. Thompson v. St. Regis Paper Co., 102 Wn.2d 219, 223, 685 P.2d 1081 (1984). However,

if an employer, for whatever reason, creates an atmosphere of job security and fair treatment with promises of specific treatment in specific situations and an employee is induced thereby to remain on the job and not actively seek other employment, those promises are enforceable components of the employment relationship.

Thompson, 102 Wn.2d at 230. For example, promises found in an employee manual issued by an employer to its employees may, in appropriate situations, obligate the employer to act in accord with those promises. Thompson, 102 Wn.2d at 233. However, it must be shown that the employee justifiably relied on the employer's promises. Thompson, 102 Wn.2d at 230.

Slaughter's contention that he was entitled to a "due process" hearing depends entirely upon the proposition that he could only be discharged for good cause. As evidence of a "good cause" component in his employment relationship, Slaughter relies on the volunteer fire chief's job description. This document provides that one of the chiefs duties shall be to "[pjromote, suspend, demote or discharge for due cause." However, this provision can hardly be said to be a promise to the employee. Moreover, there is no evidence that this document was ever issued to the District's employees, and no evidence that Slaughter relied upon it. Consequently, since he has failed to establish the existence of a "good cause" component in his employment relationship, Slaughter has failed to show that his employment was anything other than at will.

B

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750 P.2d 656, 50 Wash. App. 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-snohomish-county-fire-protection-district-no-20-washctapp-1988.