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

846 S.W.2d 732, 1992 Mo. App. LEXIS 1895, 1992 WL 373482
CourtMissouri Court of Appeals
DecidedDecember 22, 1992
DocketNo. 61814
StatusPublished
Cited by6 cases

This text of 846 S.W.2d 732 (St. Louis Police Officers' Ass'n v. Board of Police Commissioners) 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
St. Louis Police Officers' Ass'n v. Board of Police Commissioners, 846 S.W.2d 732, 1992 Mo. App. LEXIS 1895, 1992 WL 373482 (Mo. Ct. App. 1992).

Opinion

PUDLOWSKI, Judge.

This case arises out of a dispute between the Board of Police Commissioners of the City of St. Louis (Board) and the St. Louis Police Officers’ Association (Police) over the meaning and amount of “salary continuation” benefits to be paid to commissioned officers and non-supervisory civilian employees in the event of total temporary disability resulting from accidents suffered in the course of their employment.1 Board appeals a summary judgment by the Circuit Court of the City of St. Louis finding Board legally obligated, by statute and a 1988 consent decree, to pay 100 percent salary to police officers and civilian non-supervisory personnel suffering from total temporary disability. We affirm.

I. History of Dispute

A brief synopses of the events leading to the dispute is necessary to place the case in perspective. Prior to September 15, 1986, police officers, turnkeys and non-supervisory civilian personnel of the St. Louis Metropolitan Police Department received full pay during periods of temporary total disability for injuries or illnesses sustained in the course of their employment. On September 15, 1986, Board issued a Special Order which provided that employees who were ■not injured in “the line of duty” would be paid pursuant to section 287.170, RSMo Cum Supp.1991 (section 287.170), of the Workers’ Compensation Law. Section 287.-170 sets the amount to be paid to workers for total temporary disability sustained in the course of employment at two-thirds of an individual’s salary or an amount not to exceed one hundred five percent of the state’s average weekly wage. Police were unwilling to accept this reduction in benefits and brought suit against Board.

On June 9, 1988, the parties entered into a consent decree which provided, in part:

On or before the effective date of this settlement agreement, Defendant Board of Police Commissioners shall abolish the distinction between “work-related” and “line-of duty,” as set forth in Special Ortder [sic] 86-S-41. The Board shall immediately begin paying and shall [734]*734henceforth pay all commissioned officers in the ranks of patrolman through sergeant, turnkeys, and non-supervisory civilian employees of the St. Louis Metropolitan Police Department their full pay due to absences caused by accidents or occupational diseases arising out of and in the scope of their employment.

The consent decree stipulated that nothing contained in it was to be deemed an admission by Board of the allegations in the petition filed by Police. Until the 1991/92 fiscal year, Board continued to pay full salary for all injuries sustained in the course of employment by police officers and civilian personnel.

On May 10,1991, Board issued a letter to all commissioned officers and civilian employees. The letter cited a budgetary crises experienced by the City of St. Louis as an explanation for various restrictions which would affect Police in the 1991/92 fiscal year. One particular budgetary cut provided:

Fourth, [Board] will reduce compensation to employees injured on the job to two-thirds instead of the 100 percent we now pay. Two-thirds payment for workers’ compensation cases is standard practice in many businesses and other agencies. This should not result in a reduction of the actual take home salary for injured employees.2

Police contested the reduction in benefits and the present litigation ensued. The case was submitted to the trial court on a summary judgment motion. The court granted summary judgment in a series of three orders. On January 31, 1992, the court issued an order holding the 1988 consent decree binding on the current Board. The trial judge suggested that if Board wished to contest the 1988 consent judgment, the proper procedure was not collateral attack in a separate litigation but rather to re-open the consent decree pursuant to Rule 74.06(b). The trial court also rejected Board’s construction of section 84.-160.9(2), RSMo Cum.Supp. 1991 (section 84.160.9(2)), in holding that the statute mandated payment of full salary for job related injury and illness. On February 14, 1992, the trial court issued a second order, purportedly, to clarify the issues addressed in the January 31 order. The second order, among other things, provided “that the Board of Police Commissioners is required by section 84.160.9(2) to ‘provide or contract for insurance coverage providing salary continuation coverage for officers and employees of the police department.’ ... This is a non-discretionary, statutory requirement and until such time as the statute is changed by the Legislature Board is bound to provide such coverage.” The court determined that the plain meaning of “salary continuation” was the continued payment of a person’s whole salary in the event of total temporary disability resulting from on the job injury or illness. The court further stated that the parties were barred from re-litigating the issue because it had already been decided by the 1988 consent decree. On March 19, 1992, the court further amended its order requiring Board to pay pre-judgment and post-judgment interest on amounts owed to injured police officers.

During the period between the 1988 consent decree and the instant case, Board steadfastly maintained that section 84.160.-9(2) was not a statute authorizing compensation for total temporary disability resulting from on the job injury. Rather, Board interpreted the words “salary continuation” contained in the statute as applying to compensation for injuries sustained outside of the course of employment. Board understands “salary continuation” benefits as the amount of compensation paid to injured police officers and employees who, having been injured other than on the job, have exhausted their sick leave-a type of extended sick leave compensation. This amount is currently equal to twenty dollars per day.

[735]*735Conversely, Police have maintained that “salary continuation” means compensation paid to workers who sustain injuries on the job and suffer total temporary disability. Police state that section 84.160.9(2) is in the nature of a workers’ compensation statute mandating payment of 100 percent salary in the event of total temporary disability.

Board appeals the judgment of the trial court and presents five points of error. Board alleges: (1) the doctrine of sovereign immunity prevents the enforcement of the 1988 consent judgment because Board was powerless to enter into it; (2) the Missouri Constitution prohibits it from paying full salary for work related disabilities; (3) the current Board of Police Commissioners is not bound by the actions of the previous Board because the membership on the Board has changed; (4) general rules of statutory construction prevent the interpretation that section 84.160.9(2) mandates payment of full salary in the event of total temporary disability; and (5) section 84.-160.9(2) does not pertain to work related disability. In support of its fifth point, Board argues that “salary continuation” means a payment provided by the department to employees who, having been injured or taken ill outside of the work environment, have exhausted their sick leave allowances.

II. Sovereign Immunity

Board’s first point of error essentially contests its own authority to set workers’ compensation in excess of the amount provided for in the Workers’ Compensation Law.

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

Related

Ishmon v. St. Louis Board of Police Commissioners
415 S.W.3d 144 (Missouri Court of Appeals, 2013)
Caldwell v. Heritage House Realty, Inc.
32 S.W.3d 773 (Missouri Court of Appeals, 2000)
Garner v. Hubbs
17 S.W.3d 922 (Missouri Court of Appeals, 2000)
Jackson v. Christian Salvesen Holdings, Inc.
978 S.W.2d 377 (Missouri Court of Appeals, 1998)
Boillot v. Conyer
887 S.W.2d 761 (Missouri Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
846 S.W.2d 732, 1992 Mo. App. LEXIS 1895, 1992 WL 373482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-police-officers-assn-v-board-of-police-commissioners-moctapp-1992.