Thompson v. Younts

669 S.W.2d 471, 282 Ark. 524, 1984 Ark. LEXIS 1669
CourtSupreme Court of Arkansas
DecidedMay 29, 1984
Docket84-59
StatusPublished
Cited by40 cases

This text of 669 S.W.2d 471 (Thompson v. Younts) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Younts, 669 S.W.2d 471, 282 Ark. 524, 1984 Ark. LEXIS 1669 (Ark. 1984).

Opinion

Steele Hays, Justice.

This case concerns a salary dispute requiring the interpretation of a North Little Rock city ordinance and the determination of the validity of the repeal of that ordinance.

An initiated Ordinance, No. 5203, was adopted by popular vote in the general election of November, 1980, providing that North Little Rock firemen and policemen were to receive salaries and benefits “commensurate with or greater than Little Rock firemen and policemen — rank, seniority, time in grade, and service considered.” Pursuant to this ordinance, all uniformed North Little Rock firemen and policemen were given salaries equal to their Little Rock counterparts while Police Chief William Younts and Assistant Police Chief James Green, the appellees, were offered salaries less than their Little Rock counterparts. It was determined that in arriving at the salaries of Younts and Green other factors were considered besides those stated in the ordinance.

In December 1981, the North Little Rock City Council . passed Ordinance No. 5363 which directed the Mayor to negotiate with each department head and assistant department head of the city and establish a salary for each uniformed and nonuniformed department head and assistant department head. This ordinance also contained a general repealer clause, repealing all ordinances or parts of ordinances in conflict, specifically Ordinance No. 5203. Younts and Green then filed suit against the Mayor, the Aldermen, the Director of Finance, the City Clerk and the City, appellants, alleging that the defendants had failed to comply with the requirements of the initiated act. The trial court found that the City Council had not complied with the provisions of the initiated ordinance when it considered things that were not among the four factors listed in Ordinance No. 5203 and also found that Ordinance No. 5363, purportedly repealing the initiated ordinance was void.

The appellants argue two points for reversal, first contending that the court erred in ruling that the appellants can only consider the factors of rank, seniority, time in grade and service in determining salaries that are commensurate with or greater than Little Rock police and firemen. There were other factors used in determining Younts’ and Green’s salaries that the trial court found did not conform to the ordinance: the size of the department, educational background and the skipping of ranks. Appellants argue that these three items would all fall under “service” and the skipping rank would fall under seniority as well. On the issue of skipping rank, we agree with the trial court that that point is irrelevant. In essence appellants argue these items should fall under “service” as they are helpful in evaluating the quality of the work performed to determine commensurate pay. The trial court was correct in finding these factors were not within the ambit of the ordinance.

When construing statutes, the primary object is to carry out the legislative intent which is determined primarily from the language of the statute considered in its entirety. Henderson v. Russell, 267 Ark. 140, 589 S.W.2d 565 (1979); Ark. State Highway Comm. v. Mabry, 229 Ark. 261, 315 S.W.2d 900 (1958). In the absence of any indication of a different legislative intent, we give words their ordinary and commonly accepted meaning. The meaning of a statute must be determined from the natural and obvious import of the words without resorting to subtle and forced construction for the purpose of limiting or extending the meaning. City of North Little Rock v. Montgomery, 261 Ark. 16, 546 S.W.2d 154 (1977); Hicks v. Ark. State Medical Board, 260 Ark. 31, 537 S.W.2d 794 (1976).

In the present case there are two primary reasons why we disagree with the interpretation urged by appellants. First, the obvious intent of the ordinance, from its plain language, is to put the North Little Rock policemen and firemen on a parity with their Little Rock counterparts, taking into consideration, reasonable factors to determine to whom each individual in the North Little Rock departments should be compared in the Little Rock departments to find the commensurate pay. The pertinent parts of the title and section of the ordinance read:

AN ORDINANCE TO PROVIDE THE NORTH LITTLE ROCK POLICEMEN AND FIREMEN WITH SALARIES AND BENEFITS COMMENSURATE WITH THOSE OF THE LITTLE ROCK POLICEMEN AND FIREMEN . . .
Section 1. That the North Little Rock police and firemen are to be provided with salaries and benefits commensurate with or greater than those of the Little Rock police and fire department, rank, seniority, time in grade and service considered.

Employing the traditional rules of construction we find the intent is clearly stated, as are the factors to be used in making that determination. As the trial court pointed out, “There may be other factors which in the judgment of some and in keeping with good personnel management should be considered, but no such liberty is granted to the City Council by the plain language of the act.” The intent of the act is not to set out detailed evaluation standards for individual employees of North Little Rock, but to put those employees on a parity pay scale with Little Rock in a reasonable manner. In addition to the limitation to the four factors by the plain language of the act, if we were to follow the appellants’ interpretation of “service” it would bring about an unreasonable result, contrary to the purpose of the act. As pointed out above, although educational background under traditional personnel practices is a reasonable factor to consider in determining salary, it is not listed as a criterion in the ordinance, nor is length of time in the city, personal appearance or any number of things that might have bearing on someone’s job performance and conceivably come under the heading of “service.” Similarly, if the size of the department is included, it could then extend to number of crimes reported and responded to, types of crimes, calls per day, number of vehicles and so on. The population of a city, which directly affects the size of the departments, is invariably pervasive in its effect on the function of all employees. If such a factor is considered, there would seldom be a North Little Rock job that could be found to be the equivalent of any Little Rock job and the act’s purpose of granting commensurate pay would never be accomplished. Appellants’ interpretation would lead to innumerable criteria for evaluation and could truly impede if not defeat the goal of the act. A workable and logical interpretation of that term must be utilized to carry out the intended purpose of the act. The trial court, quoting several dictionaries found that the plain meaning of “service” as used in the act was “function” and that the only question to be asked under that heading was: Are the functions of the North Little Rock employees any different from that of their Little Rock counterparts? Although education may or may not have some bearing on the quality of the service (or function), and department size may or may not have a bearing on the quantity of the service, the function of the chief of police is the same. He is the individual in charge of the police department.

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Bluebook (online)
669 S.W.2d 471, 282 Ark. 524, 1984 Ark. LEXIS 1669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-younts-ark-1984.