Trachtenberg v. Department of Corrections

93 P.3d 217, 122 Wash. App. 491
CourtCourt of Appeals of Washington
DecidedJuly 12, 2004
DocketNo. 53021-6-I
StatusPublished
Cited by8 cases

This text of 93 P.3d 217 (Trachtenberg v. Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trachtenberg v. Department of Corrections, 93 P.3d 217, 122 Wash. App. 491 (Wash. Ct. App. 2004).

Opinion

Coleman, J.

The State Personnel Appeals Board (Board) has exclusive jurisdiction to hear civil service employee disciplinary appeals. As an administrative agency, the Board has only the authority delegated to it by the legislature. The legislature did not include attorney fees in the enumerated list of remedies available for Board appeals. Here, a civil service employee sought attorney fees for a successful Board appeal under RCW 49.48.030, which provides for an award of attorney fees when an employee brings an action to recover wages owed. We hold that RCW [493]*49349.48.030 does not apply to state disciplinary appeals because the Board has limited authority and a Board appeal is not an action for a judgment for wages owed.

FACTS

Lloyd Trachtenberg is a mental health counselor at the Special Offenders Unit of the Monroe Correctional Complex operated by the Department of Corrections (DOC). The DOC fired Trachtenberg because of allegations that he sexually harassed female coworkers and subordinates. Trachtenberg appealed his dismissal to the Board, and the Board reinstated Trachtenberg to a demoted position. As a result, by operation of RCW 41.06.220, Trachtenberg was entitled to back pay. Trachtenberg filed suit in Snohomish County Superior Court seeking attorney fees incurred in his successful Board appeal. On cross-motions for summary judgment, the trial court determined that the holding in Cohn v. Department of Corrections, 78 Wn. App. 63, 895 P.2d 857 (1995) controlled and Trachtenberg could not recover attorney fees under RCW 49.48.030. Trachtenberg sought direct review with the Supreme Court. The Supreme Court denied direct review and transferred the case to the Court of Appeals, División One.

STANDARD OF REVIEW

Appellate courts review an order granting summary judgment de novo, performing the same inquiry as the trial court. Ski Acres, Inc. v. Kittitas County, 118 Wn.2d 852, 854, 827 P.2d 1000 (1992).

ANALYSIS

RCW 49.48.030 provides attorney fees for employees who must sue in order to collect wages owed from their employers: “In any action in which any person is successful in recovering judgment for wages or salary owed to him, reasonable attorney’s fees, in an amount to be determined [494]*494by the court, shall be assessed against said employer or former employer . . . In Cohn, the court held that public employee disciplinary appeals are not subject to RCW 49.48.030. Cohn, a DOC employee, was disciplined by reducing his pay. Cohn appealed the DOC’s disciplinary decision. The hearings examiner reversed the disciplinary action and fully reinstated Cohn’s rights and benefits. Thus, by operation of RCW 41.06.220(2), Cohn was entitled to back pay. The Board affirmed the decision and concluded that it did not have the authority to award attorney fees under RCW 49.48.030. Cohn appealed the decision to the superior court and again requested attorney fees. The superior court concluded that because the Board did not have the authority to award attorney fees, it did not either. Cohn appealed and the Court of Appeals affirmed, holding that a state employee is not entitled to attorney fees for a successful appeal of a disciplinary action. The Supreme Court denied review.

Trachtenberg argues that the Washington Supreme Court’s holding in International Association of Fire Fighters Local 46 v. City of Everett, 146 Wn.2d 29, 42 P.3d 1265 (2002), necessitates an overruling of Cohn. In Fire Fighters, the city of Everett suspended two members of a local fire fighters’ union. The fire fighters’ union brought a grievance proceeding against the city, arguing that the suspensions violated the union’s collective bargaining agreement with the city. As provided for in the collective bargaining agreement, the parties submitted the grievance to arbitration. The arbitrator ruled that the suspensions violated the collective bargaining agreement, ordered the city to set aside the suspensions, and awarded back pay. The union filed suit in superior court, seeking attorney fees under RCW 49.48.030. The trial court denied the union’s request for attorney fees. The Court of Appeals reversed and held that the union was entitled to attorney fees under RCW 49.48.030. The Supreme Court affirmed the award of attorney fees, distinguishing the case from Cohn:

[495]*495Because Cohn addressed an appeal from a government agency, not an arbitration proceeding, it is distinguishable. In holding that the Board and the superior court had no authority to award attorney fees, Cohn was primarily relying on the statutory authority granted to the Board in chapter 41.64 RCW and Title 358 WAC. These statutes and rules apply to proceedings before the Board and not to labor arbitration proceedings. In fact, the court in Cohn explicitly acknowledged Division One’s extension of RCW 49.48.030 to arbitration proceedings, while still rejecting it in the context of the Board.

Fire Fighters, 146 Wn.2d at 42-43 (citations and footnote omitted). The court also noted, “Because the issue in this case deals exclusively with attorney fees for an arbitration proceeding, we decline at this time to address whether RCW 49.48.030 would apply to other types of administrative or quasi-judicial proceedings.” Fire Fighters, 146 Wn.2d at 42 n.ll. Thus, the Supreme Court explicitly acknowledged that it was not addressing the situation presented in Cohn. The Supreme Court, however, disagreed with a portion of Cohn that is not material to the issues we have here.1

Because Fire Fighters did not explicitly overrule Cohn, the issue before us is whether RCW 49.48.030 applies to an administrative appeal of a disciplinary hearing before the Board. The court’s primary duty in applying statutes is to determine the intent of the legislature. Nat’l Elec. Contractors Ass’n v. Riveland, 138 Wn.2d 9, 19, 978 P.2d

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Cite This Page — Counsel Stack

Bluebook (online)
93 P.3d 217, 122 Wash. App. 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trachtenberg-v-department-of-corrections-washctapp-2004.