State Personnel Division of Department of Administration v. Board of Personnel Appeals

844 P.2d 68, 255 Mont. 507, 49 State Rptr. 1087, 1992 Mont. LEXIS 342
CourtMontana Supreme Court
DecidedDecember 16, 1992
Docket91-403
StatusPublished
Cited by8 cases

This text of 844 P.2d 68 (State Personnel Division of Department of Administration v. Board of Personnel Appeals) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Personnel Division of Department of Administration v. Board of Personnel Appeals, 844 P.2d 68, 255 Mont. 507, 49 State Rptr. 1087, 1992 Mont. LEXIS 342 (Mo. 1992).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

The State Personnel Division (Division) of the Department of Administration appeals from a decision and order of the District Court of the First Judicial District, Lewis and Clark County. The District Court affirmed a final order of the co-respondent Board of Personnel Appeals (Board) which granted retroactive pay to the co-respondents Community Corrections Specialists II, employees of the Department of Institutions (employees). We reverse and remand.

The issue we address on appeal is whether the District Court erred in affirming the Board’s order granting retroactive pay to the employees.

The employees initiated a classification appeal by filing a petition with the Board on April 24,1987. They sought a classification review of their Community Corrections Specialist II (CCS II), grade 12, classification. The Board designated the classification appeal a group classification appeal pursuant to 24.26.513, ARM.

The Division submitted a Step III response to the group classification appeal on August 31,1987. The response included the Division’s findings that the employees’positions were properly classified as CCS [509]*509II, grade 12. The Division also found that while the appeal investigation did not yield a more appropriate class for the employees, comparisons to other positions, including Community Corrections Specialist III (CCS III), grade 13, indicated a need for a series review; complicating the classification appeal was a reassignment of some employees to the then newly-created Department of Family Services. The Division further found:

The State Personnel Division shall conduct a review of the Community Corrections Specialist Series to determine whether 1) the reassignment of some [of the employees] to the Department of Family Services will affect their position classifications; 2) a grade level distinction exists between the [CCS II and CCS III] classes; and 3) the appropriate grade levels have been assigned to Community Corrections Specialists Series.

On September 15, 1987, the parties stipulated that, pending the series review, the employees’ classification appeal would remain in full force and effect; the stipulation specifically preserved the established date of filing. The stipulation also waived the time requirement for appealing the Step III decision until the series review was completed.

The Division completed its series review on June 3, 1988. It developed a new classification for positions assigned adult case supervision under the Department of Institutions. All positions at grades 11 and 12 were reclassified to Probation and Parole Officer, grade 13. Positions assigned juvenile case loads, under the Department of Family Services, were reclassified as Family Services Specialists II, grade 13. The reclassification and resultant upgrade became effective on July 1, 1988. The Division determined that the employees were not entitled to retroactive pay because they were properly classified when they filed their classification appeal, based on the standards then in place.

On June 10, 1988, the employees advanced their classification appeal to Step IV of the grievance procedure. The parties stipulated to the issues to be presented to the hearing examiner at a hearing which was held on January 13, 1989. The issues were whether the CCS III class specification was a better description of the employees’ position duties than CCS II and whether the employees’ position duties were more similar to those positions assigned to CCS III.

The hearing examiner issued his findings of fact, conclusions of law and recommended order on April 7,1989. He found that the CCS III class was distinguished from the employees’ class only by the [510]*510addition of special assignments. However, he denied the employees’ request to be reclassified on the grounds that they did not demonstrate that they performed the additional duties assigned to the higher class, that they were improperly classified, or that the Division failed to comply with the established methods or standards when considering their classification appeal.

The hearing examiner also found that the Division’s investigation resulting from the employees’ classification appeal indicated a need for a classification series review and that “[a]ny upgrade resultant from that series review must be retroactive.” He concluded that the employees were aggrieved when their reclassification was not made retroactive. He recommended an order that those employees reclassified as a result of the series review be paid the difference between what they had been paid and what they would have been paid had the results of the series review been made retroactive to thirty days prior to the date of their classification appeal.

The Division filed exceptions to the findings of fact, conclusions of law and recommended order. The Division asserted that because the hearing examiner found against the employees on the two issues stipulated to by the parties prior to the hearing, the hearing examiner’s recommendation that the employees be awarded retroactive pay was improper. After oral argument, the Board remanded the case to the hearing examiner for further proceedings pursuant to the stipulations in effect at the time of the previous hearing, together with the issue of retroactive pay. The Board’s order did not address the question of retroactivity other than setting the cause for rehearing.

Another hearing was set for September 26, 1989. At a prehearing conference on September 5,1989, the parties agreed that the hearing examiner would not hear additional evidence on the two previously stipulated issues. The sole issue presented to the hearing examiner was whether there was “linkage” between the employees’ classification appeal and the series review and, if so, whether that linkage provided a basis for retroactive pay.

The hearing examiner issued his second findings of fact, conclusions of law and recommended order on March 14, 1990. He reaffirmed his earlier findings on the original two issues and further found that there was linkage between the employees’ classification appeal and the series review. He found that the Division recognized the need for a series review prior to the employees’ classification appeal and, while the classification appeal may not have been the motivating factor for the series review, it was a factor which, together [511]*511with others, accelerated that review to correct a recognized need. The hearing examiner again recommended retroactive pay based on his conclusion that the linkage between the employees’ classification appeal and the series review “[m]eans that the [employees] were aggrieved when their resultant reclassification and upgrade was not made retroactive to thirty (30) days prior to the date of their Wage and Classification Appeal.”

The Division again filed exceptions to the findings of fact, conclusions of law and recommended order. The matter was argued to the Board on June 6, 1990. The Division argued that the hearing examiner’s recommendation of retroactive pay was improper because the employees were not found to be aggrieved on the two original stipulated issues. It further argued that, because the employees were properly classified at the time they brought their appeal, any link between the employees’ appeal and the Division’s series review was not sufficient to provide a basis for retroactive pay.

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

Related

J. Watson v. FWP
2023 MT 239 (Montana Supreme Court, 2023)
State Personnel Division v. Child Support Investigators
2002 MT 46 (Montana Supreme Court, 2002)
Lewis v. B & B PAWNBROKERS, INC.
1998 MT 302 (Montana Supreme Court, 1998)
Langager v. Crazy Creek Products, Inc.
1998 MT 44 (Montana Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
844 P.2d 68, 255 Mont. 507, 49 State Rptr. 1087, 1992 Mont. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-personnel-division-of-department-of-administration-v-board-of-mont-1992.