State v. State Employees' Review Board

687 A.2d 134, 239 Conn. 638, 1997 Conn. LEXIS 1
CourtSupreme Court of Connecticut
DecidedJanuary 7, 1997
Docket15358
StatusPublished
Cited by57 cases

This text of 687 A.2d 134 (State v. State Employees' Review Board) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. State Employees' Review Board, 687 A.2d 134, 239 Conn. 638, 1997 Conn. LEXIS 1 (Colo. 1997).

Opinion

CALLAHAN, C. J.

The issue in this appeal is whether the Personnel Act, General Statutes §§ 5-193 through 5-269, grants the state employees’ review board (board) jurisdiction to address misclassification claims in layoff appeals. The plaintiffs, the state of Connecticut, the state department of public safety (public safety) and the state department of administrative services (administrative services), appeal from the judgment of the trial court dismissing their appeal and concluding that the board possesses jurisdiction to entertain misclassification claims. We reverse the judgment of the trial court.

The factual circumstances were related in an earlier opinion of this court in State v. State Employees' Review Board, 231 Conn. 391, 650 A.2d 158 (1994). We will reiterate only those facts necessary for the proper consideration of the present appeal. In May, 1986, public safety hired the defendant, Daniel Cawley,1 as a data [640]*640processing manager 3 (DPM 3). The job description for a DPM 3 required that the worker “direct a ‘major’ data processing installation and supervise an assigned staff of managers, supervisors, technical and clerical personnel.” Id., 394 n.3. When he was initially hired, the defendant supervised thirty to thirty-four employees and all the activities of public safety’s data processing unit. Over the next several years, the defendant’s supervisory responsibilities were gradually diminished. By the spring of 1990, he supervised only eighteen to twenty employees. Effective November 30,1990, the defendant was relieved of all supervisory responsibilities and was reassigned to special projects that he carried on largely by himself. The defendant’s supervisory responsibilities were transferred to a data processing manager 1 (DPM 1), a position of lower rank and salary than DPM 3. This shift in duties was intended to be, and became in fact, permanent.

In early 1990, Deborah Fazzina, a classification specialist employed by administrative services, advised public safety to make changes in its data processing unit including abolishing or reclassifying the DPM 3 position to a nonmanagerial position once it was vacated. When the defendant was permanently reassigned to performing nonsupervisory tasks in November, 1990, public safety did not review the classification of his position, but instead allowed the defendant’s DPM 3 classification to continue. The defendant also continued to be paid as a DPM 3 until public safety laid him off on May 31, 1991.2 At the time of his layoff, the defendant was the only public safety employee classified as a DPM 3.

[641]*641The defendant appealed his layoff to the board pursuant to General Statutes § 5-202,3 seeking a determination [642]*642that the layoff was not in compliance with General Statutes § 5-241,4 which requires that the least senior employee within a position classification slated for layoff be laid off first. He contended that his reassignment should have led administrative services to reclassify his [643]*643position as a DPM 1 or a lesser classification, and that, because of his seniority over other DPM 1 and lesser classified employees in public safety, public safety should have retained him and laid off other employees first.

The board concluded that because public safety had not reviewed the defendant’s position pursuant to administrative services’ recommendation, the board could not determine either his proper classification or his relative seniority within that classification. Therefore, the board concluded that the layoff was improper as “arbitrary or taken without reasonable cause.” The board ordered public safety, with the assistance of administrative services, to review the classification of the defendant’s position as of the time he was assigned new duties, and, on the basis of such duties, to determine the appropriate classification of the position. The board’s order directed public safety, upon completion of the classification review and reclassification of the defendant, if that should be appropriate, to follow its normal procedures in determining which positions should have been abolished and which employees occupying those positions should have been laid off. The board ordered that if the result of the analysis indicated that the defendant had been improperly laid off, he was to be reinstated and awarded appropriate back pay, seniority and other benefits. The board did not retain jurisdiction over the dispute.

The plaintiffs appealed the board’s decision to the trial court pursuant to General Statutes §§ 5-202 (T) and 4-183. The trial court concluded that the board’s decision was not a final judgment within the meaning of § 4-183 and, therefore, was not appealable. It did, however, sustain the appeal in part, and ordered a modification of the board’s decision, requiring the board to retain jurisdiction over the defendant’s claim. We reversed the judgment of the trial court in State v. State Employees’ [644]*644Review Board, supra, 231 Conn. 391, concluding that the board’s decision constituted an appealable final judgment, and we remanded the case for further proceedings.

On remand, the trial court concluded that the board’s decision was within the scope of its statutory authority and dismissed the plaintiffs’ appeal. The court agreed with the board’s conclusion that it need not accept the state’s classification of a position, but may properly order a state agency to review the classification of a position before ruling on whether a layoff was in accord with § 5-241. The plaintiffs appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c).

The plaintiffs argue that the board lacked jurisdiction over the present case because the statutory framework does not permit the board to address classification issues in layoff appeals. The plaintiffs assert that General Statutes § 5-200 (n), which does not contemplate board review, constitutes the sole statutory avenue for employees to have the classifications of their positions reviewed. Additionally, the plaintiffs assert that General Statutes § 5-202 (f), as amended by Public Acts 1994, No. 94-194 (P.A. 94-194), specifically excludes classification issues from the board’s jurisdiction. They contend that P.A. 94-194, which was enacted after the present case arose, was a clarifying amendment that should be applied retroactively to causes of action arising before its effective date, and that its enactment serves to confirm their argument that the board never had jurisdiction over classification issues. The plaintiffs argue that the board should have denied the defendant’s grievance pursuant to § 5-241 (a) because the defendant was the only, and hence the least, senior public safety employee in the DPM 3 classification.

[645]*645We agree with the plaintiffs that P.A. 94-194 was an amendment that served to clarify § 5-202 (f) and, as such, should be applied retroactively. We therefore conclude that the board lacked jurisdiction to entertain the defendant’s misclassification claim, and, a fortiori, lacked jurisdiction to order administrative services and public safety to review the classification of the defendant’s position.

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

Related

Clark v. Waterford
Connecticut Appellate Court, 2021
Praisner v. State
336 Conn. 420 (Supreme Court of Connecticut, 2020)
State v. Banks
146 A.3d 1 (Supreme Court of Connecticut, 2016)
A. GALLO AND CO. v. McCarthy
2 A.3d 56 (Connecticut Superior Court, 2010)
Quidgeon v. Quidgeon
8 Am. Tribal Law 95 (Mohegan Trial Court, 2009)
DARTMOOR CONDOMINIUM ASS'N, INC. v. Guarco
960 A.2d 1076 (Connecticut Appellate Court, 2008)
Magee v. Commissioner of Correction
937 A.2d 72 (Connecticut Appellate Court, 2008)
Hartford Accident & Indemnity Co. v. Ace American Reinsurance Co.
930 A.2d 701 (Connecticut Appellate Court, 2007)
Eisenberg v. Tuchman
892 A.2d 1016 (Connecticut Appellate Court, 2006)
Bhinder v. Sun Co.
819 A.2d 822 (Supreme Court of Connecticut, 2003)
Westchester Day School v. Village of Mamaroneck
236 F. Supp. 2d 349 (S.D. New York, 2002)
Jones v. Kramer
806 A.2d 606 (Connecticut Appellate Court, 2002)
New Haven v. Ct Siting Council, No. Cv 02-0513195 S (Aug. 21, 2002)
2002 Conn. Super. Ct. 10678 (Connecticut Superior Court, 2002)
Miller's Pond Co., LLC v. Rocque
802 A.2d 184 (Connecticut Appellate Court, 2002)
Thibodeau v. Design Group One Architects, LLC
802 A.2d 731 (Supreme Court of Connecticut, 2002)
Paul Dinto Elec. Contr. v. Waterbury, No. Cv 99 0153537s (Jun. 28, 2002)
2002 Conn. Super. Ct. 8203-fr (Connecticut Superior Court, 2002)
Kalas v. Cook
800 A.2d 553 (Connecticut Appellate Court, 2002)
In Re Terrence S., (Apr. 11, 2002)
2002 Conn. Super. Ct. 5449 (Connecticut Superior Court, 2002)
Commissioner, P.W. v. Freedom of Info. C., No. Cv 01 0509953s (Apr. 8, 2002)
2002 Conn. Super. Ct. 4506 (Connecticut Superior Court, 2002)
Alpine Investment Partners v. LJM2 Capital Management, L.P.
794 A.2d 1276 (Court of Chancery of Delaware, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
687 A.2d 134, 239 Conn. 638, 1997 Conn. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-state-employees-review-board-conn-1997.