St. Louis Police Officers' Ass'n v. Board of Police Commissioners

259 S.W.3d 526, 2008 Mo. LEXIS 63, 184 L.R.R.M. (BNA) 2671, 2008 WL 2583028
Supreme Court of Missouri·Decided June 30, 2008·No. SC 88954·Published·Cited by 14 cases

Opinions

RICHARD B. TEITELMAN, Judge.

The St. Louis Police Officers’ Association, Gary Phelps, and William Gooden (collectively “Association”) appeal from the judgment of the trial court denying their petition for an injunction to prevent the Board of Police Commissioners of the City of St. Louis (“Board”) from reducing the free health insurance benefits of retired police officers that is mandated by statute. The judgment is reversed, and the case is remanded.

I.

Prior to 2006, retired police officers who served in the City of St. Louis Police Department received health coverage without having to pay an insurance premium. In 2006, the Board altered the health insurance plan for retired officers. The new health insurance plan included a basic plan available without payment of a premium and a buy-up plan, which has a $251 monthly premium. The basic plan differed from the former plan by raising annual deductibles from $500 to $2,250, increasing co-payments for office and hospital visits, increasing the coinsurance maximum, and decreasing the coinsurance coverage percentage. The buy-up plan offers retirees the same more extensive coverage as provided to active police officers.1 The difference between the buy-up plan and the plan [528] for active officers is that active police officers do not pay premiums.

The Association filed a petition seeking to enjoin the Board from implementing the new health insurance plan. The Association alleged that the new insurance plan was inconsistent with section 84.160.8(3), RSMo Supp.2006, which provides that the Board “shall provide” health insurance to police retirees.2 The Association also alleged that implementation of the Board’s new free insurance plan would unreasonably, arbitrarily, and capriciously deprive police retirees of a vested property right without due process of law in violation of the United States Constitution and the Missouri Constitution and their civil rights under 42 U.S.C. section 1983.

The circuit court issued a preliminary injunction in favor of the Association. At trial, there was expert testimony indicating that the insurance provided to retirees without the payment of a premium offered less coverage at a higher cost than any other group health insurance plan with which the experts were familiar. Following a bench trial, the court entered a judgment denying the Association’s request for a permanent injunction.

This Court concludes that the new policy does not meet the requirements of section 84.160.8(3). Consequently, the judgment is reversed, and the case is remanded so that the trial court may grant the requested relief.

II.

An action for an injunction is an equitable action. Supermarket Merchandising & Supply, Inc. v. Marschuetz, 196 S.W.3d 581, 585 (Mo.App.2006). The trial court’s judgment in a suit seeking equitable relief will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Conseco Finance Servicing Corp. v. Missouri Dept of Revenue, 98 S.W.3d 540, 542 (Mo. banc 2003).

Section 84.160.8(3) provides that “the board of police commissioners shall provide health, medical, and life insurance coverage for retired officers and employees of the police department.” The issue is whether the basic plan and the buy-up plans offered by the Board violate the requirement that the board “shall provide” health insurance coverage for retired officers.

The primary rule of statutory construction is to “ascertain the intent of the legislature from the language used, to give effect to the intent if possible, and to consider the words in their plain and ordinary meaning.” Nelson v. Crane, 187 S.W.3d 868, 869-870 (Mo. banc 2006). Related statutes are relevant in considering the meaning of the statute at issue. Lane v. Lensmeyer, 158 S.W.3d 218, 226 (Mo. banc 2005). Statutes are interpreted to avoid unreasonable or absurd results. Reichert v. Board of Educ. of City of St. Louis, 217 S.W.3d 301, 305 (Mo. banc 2007).

The legislature provides no guidance as to what minimal extent of coverage will satisfy the requirement that the Board “shall provide” insurance. Generally the use of the word “shall” connotes a mandatory duty. Bauer v. Transitional School District of City of St. Louis, 111 S.W.3d 405, 408 (Mo. banc 2003). The word “provide” means “to supply or make available.” Webster’s Ninth New Collegiate Dictionary (1986).3 This language means that [529] the Board is under an affirmative obligation to supply health insurance coverage to retirees but does not resolve the issue of the minimal extent of that coverage.4

In determining the minimal extent of coverage required by section 84.160.8(3), related statutes are relevant to further clarify the meaning of a statute. See State v. Withrow, 8 S.W.3d 75, 80 (Mo. banc 1999). The statute most closely related to section 84.160.8(3) is section 84.160.8(1), which states that the Board “shall provide or contract for life insurance coverage and for insurance benefits providing health, medical and disability coverage for officers and employees of the department.” The Board fulfills its statutory obligations under section 84.160.8(1) by providing to active duty officers essentially the same coverage offered in the buy-up plan but without the payment of a monthly premium.

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St. Louis Police Officers' Ass'n v. Board of Police Commissioners, 259 S.W.3d 526, 2008 Mo. LEXIS 63, 184 L.R.R.M. (BNA) 2671, 2008 WL 2583028 (Mo. 2008).

259 S.W.3d 526 (St. Louis Police Officers' Ass'n v. Board of Police Commissioners) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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St. Louis Police Officers' Ass'n v. Board of Police Commissioners
259 S.W.3d 526 (Supreme Court of Missouri, 2008)