Testa v. City of Waterbury

738 A.2d 740, 55 Conn. App. 264, 1999 Conn. App. LEXIS 394
CourtConnecticut Appellate Court
DecidedOctober 12, 1999
DocketAC 17775
StatusPublished
Cited by15 cases

This text of 738 A.2d 740 (Testa v. City of Waterbury) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Testa v. City of Waterbury, 738 A.2d 740, 55 Conn. App. 264, 1999 Conn. App. LEXIS 394 (Colo. Ct. App. 1999).

Opinion

Opinion

HENNESSY, J.

The plaintiff, Michael Testa, appeals from the judgment of the Superior Court dismissing his appeal from the decision of the defendant civil service commission of the city of Waterbury (commission)1 on the ground that the court lacked subject matter jurisdiction because there was no statutory authority to bring the appeal. The plaintiff claims that the Superior Court improperly determined that § 1931 of the charter of the city of Waterbury (city charter) allows appeals only from department decisions and, therefore, a decision from the commission, which is not a department, is not appealable pursuant to § 1931. We affirm the judgment of the Superior Court.

The following undisputed facts are relevant to this appeal. The plaintiff applied for a position as a police [266]*266officer for the city of Waterbury. As required, the plaintiff took a written and a psychological examination. Subsequently, the commission notified the plaintiff that his name had been removed from the eligibility list for that position because he failed the psychological examination. The plaintiff appealed the commission’s removal of his name from the eligibility list to the commission pursuant to procedure set forth in chapter 1, § 6, of the Waterbury Civil Service Rules and Regulations. The commission denied his appeal and, thereafter, the plaintiff filed an appeal from the commission’s decision in the Superior Court. The commission filed a motion to dismiss, asserting that the court lacked subject matter jurisdiction to hear the appeal because neither the city charter nor the General Statutes provides for a right of appeal from the commission’s decision to the Superior Court. The motion was granted by the court and, after judgment was rendered, the plaintiff appealed to this court.

The plaintiff claims that the court improperly dismissed his administrative appeal because § 1931 of the city charter allows any party aggrieved by the actions of a department to appeal to the Superior Court. Relying on two Superior Court cases2 and dictionary definitions of the word “department,” the plaintiff argues that the commission is a department and, therefore, the appropriate mechanism to appeal is through § 19313 of the city charter. The commission responds that the only acts appealable under § 1931 are acts of the board of [267]*267aldermen or a department and not the acts of a commission.

Although the plaintiff argues that case law supports his view that § 1931 permits for an appeal to the Superior Court from a commission’s decision, we are not persuaded by the reasoning contained in the cases he cites. In McGrew v. Civil Service Commission, Superior Court, judicial district of Waterbury, Docket No. 0128371 (March 15, 1996), the commission denied the applicant permission to take an examination for a police sergeant position because he was a probationary employee and not eligible for the position. The applicant appealed to the Superior Court, and the city moved to dismiss on the ground that the applicant did not comply with the requirements of § 1931 of the city charter. The court denied the motion to dismiss and allowed the appeal, holding that “[iInasmuch as the applicant is acting pro se this court will give him the benefit of the doubt and treat this action as an appeal.” Because the Superior Court addressed the motion on the ground that the applicant did not comply with the requirements of § 1931 of the city charter and did not decide whether the appeal was even permitted under § 1931, we are not persuaded by this case.

In Balzano v. Civil Service Commission, Superior Court, judicial district of Waterbury, Docket No. 076781 (April 20, 1987), the plaintiff was removed from an eligibility list for the position of police officer due to an unsatisfactory employment record. He appealed to the commission, which denied the appeal. The plaintiff then appealed to the Superior Court and the commission filed a motion to dismiss arguing that the court lacked subject matter jurisdiction to hear the appeal. The court denied the commission’s motion to dismiss holding that Waterbury City Code, division 2, § 201, is preempted by General Statutes § 7-422 because the [268]*268code is silent as to any method of appeal while the statute explicitly allows an appeal.

General Statutes § 7-422 provides in relevant part: “Any . . . city . . . may, by ordinance, create a personnel appeals board .... Said board shall hear and determine any grievance, as defined in such ordinance, of any employee or group of employees of such . . . city .... The decision of said board may be appealed to the Superior Court . . . .” (Emphasis added.) This statute was not adopted by the city of Waterbury and deals only with grievances by employees. In this case, the plaintiff is not an employee and, as a result, § 7-422 does not apply to him.1 **4 Therefore, the reasoning in Balzano is not applicable.

Because § 7-422 applies only to employees, the determination of whether the Superior Court improperly dismissed the plaintiffs appeal due to lack of subject matter jurisdiction turns on whether § 1931 provides the authority to appeal. “It is well settled that appeals to courts from administrative officers or boards exist only under statutory authority and that unless a statute provides for such appeals, the courts are without jurisdiction to hear them.” Allied Plywood, Inc. v. Planning & Zoning Commission, 2 Conn. App. 506, 509, 480 A.2d 584, cert. denied, 194 Conn. 808, 483 A.2d 612 (1984). “A statutory right to appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created. . . . Such provisions are mandatory, and, if not complied with, the appeal is subject to dismissal. . . . Dismissal is required in such a situation because, if the appellant [269]*269lacks standing to appeal the case, the court lacks jurisdiction to hear the appeal. ... A jurisdictional defect may be brought to the attention of the court at any time, and, if the court lacks jurisdiction, it must dismiss the case either on the motion of a party or on its own motion.” (Citations omitted; internal quotation marks omitted.) Office of Consumer Counsel v. Dept. of Public Utility Control, 234 Conn. 624, 640, 662 A.2d 1251 (1995).

Section 1931 of the city charter5’ provides in relevant part that “ [ajny party who shall feel aggrieved by any act of the board of aldermen or of any department ma,y, within twenty (20) days after the doing of the act by which he claims to be aggrieved, appeal from such action to the Superior Court for the judicial district of Waterbury . . . .” (Emphasis added.) Upon motion by the commission, the Superior Court concluded that it did not have jurisdiction to hear the plaintiffs appeal because “there is no statutory authority for his appeal. The plaintiff is not an employee of the city of Waterbury, and the civil service commission is not a city department. Both are predicates to appeal.”6 The issue before this court, therefore, is whether the commission is a department.

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Bluebook (online)
738 A.2d 740, 55 Conn. App. 264, 1999 Conn. App. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/testa-v-city-of-waterbury-connappct-1999.