Bartkowiak v. Board of Sup'rs of Wayne County, 6

• Citation: 341 Mich. 333,67 N.W.2d 96
• Decision Date: 29 November 1954
• Docket Number: No. 6,6
• Parties: Barney H. BARTKOWIAK et al., Plaintiffs and Appellees, v. The BOARD OF SUPERVISORS OF COUNTY OF WAYNE et al., Defendants and Appellants.
• Court: Supreme Court of Michigan

Page 96

67 N.W.2d 96

341 Mich. 333

Barney H. BARTKOWIAK et al., Plaintiffs and Appellees, v. The BOARD OF SUPERVISORS OF COUNTY OF WAYNE et al Defendants and Appellants.

No. 6.

Supreme Court of Michigan.

Nov. 29, 1954.

Gerald K. O'Brien, Pros. Atty., Hobart Taylor, Jr., David E. Flayer, Asst. Pros. Attys., Detroit, for appellants.

Chris M. Youngjohn and John L. Vanker, Jr., Detroit, for appellees.

Before the Entire Bench.

BOYLES, Justice.

Plaintiffs are 21 deputy circuit court clerks for Wayne county. In 1951 they filed this bill of complaint in the circuit court seeking a decree declaring their salary rights as such county employees under P.A.1941, No. 370, ¹ and P.A.1949, No. 138. ² They claimed more salary than that which had been allowed by the county. The Wayne county board of supervisors, board of county auditors, county civil service commission, and the county of Wayne were named as defendants. The defendants moved to dismiss the bill of complaint on various grounds, which motion was denied by the court on hearing. The facts were then stipulated, the court heard the case on the pleadings and stipulated facts and entered a decree for the plaintiffs. The defendants appeal.

Decision herein involves construction of the two above-named acts. P.A.1941, No. 370, hereinafter referred to as the civil service act, provides for a civil service system in counties having a population of 300,000 or more, providing it should be adopted by a majority of the electors of such county at a general or special election, on a referendum. The act was put into effect in Wayne county by the vote of the electors in November, 1942, and a civil service system in accordance with the provisions of the act was established.

In 1949 the legislature enacted P.A.1949, No. 138, hereinafter referred to as the circuit court clerks' salary act. It is titled an act to regulate the number and salaries of the deputy circuit court clerks in counties having a population of more than 500,000, and applies to Wayne county. It provides that the county clerk in counties which have adopted civil service under the civil service act, supra, shall appoint or promote from the classified eligible list of the civil service a chief deputy circuit court clerk and at least one deputy circuit court clerk for each acting circuit judge in said county. It states that their salaries shall be as follows:

'The salary of the deputy circuit court clerks, shall be not less than $4,800.00 per year; and such salaries shall be paid in the same manner and at the same time that other county employees are paid. The civil service commission, with the approval of the board of supervisors in counties of more than 500,000 population which have adopted civil service under Act No. 370 of the Public Acts of 1941, may, by resolution, provide for increase in said salaries.'

Under the civil service act plaintiffs had been classified as 'court clerk (circuit).' Immediately upon the 1949 salary act going into effect the county clerk of Wayne county designated plaintiffs deputy circuit court clerks, and they have since continued to act as such in their several positions, with the same duties as before.

The provisions of the salary act are not ambiguous. Upon its effective date in 1949 it established the minimum salaries of plaintiffs at $4,800 per year. It also provided the manner in which deputy circuit court clerk's salaries might thereafter be increased. Unless the civil service commission, with the approval of the board of supervisors, has subsequently provided for an increase in said salaries, they remain unchanged. Therefore, the issue narrows down to the question as to what action, if any, has been taken by the said civil service commission, with the approval of the board of supervisors, since September 23, 1949, the effective date of said act, to increase said salaries. If the provisions of the salary act adopted in 1949 contravene the provisions of the civil service act adopted in 1941, the 1949 act must be held to control as to deputy circuit court clerks. It applies specially, and only, to the salaries of deputy circuit court clerks, and in express terms applies to such salaries in Wayne county.

Plaintiffs rely on the provisions of the civil service act, which provide that the civil service commission shall classify all positions of employment, and which provide for salaries in the classified civil service, as follows:

'All salaries shall be uniform for like service in each grade of the classified service as the same shall be classified and standardized by the commission. Such classification and standardization of salaries shall not be final until approved by the board of supervisors, and such salaries shall not be paid except in accordance with such classification and standardization.' C.L.1948, § 38.412(f), Stat.Ann.1953 Cum.Supp. § 5.1191(12)(f).

In 1943, following the enactment of said civil services act and its adoption in Wayne county by referendum, a tabulation of classifications and positions was put into effect, with a salary schedule, called the 'official salary plan,' by concurrent action of the civil service commission and the board of supervisors. It provided for salary rates for 'inductees' and annual 'step-up' increases after each year's service until the maximum should be reached. Prior to September 23, 1949, the effective date on which the deputy circuit court clerks' salaries were established at the minimum of $4,800 per year, plaintiffs (with certain exceptions) then classified as 'court clerk (circuit).' With certain exceptions, they had been in classified service for many years, and had reached the maximum annual salary level in the 'official salary schedule' under the civil service act, $4,800. In October, 1949, plaintiffs petitioned the board of supervisors to establish their minimum salary level at $4,800, 'to be followed by 3 annual step-ups of $240 each.' The petition was referred to the civil service commission and on October 14, 1949, that commission refused to approve the request, in a communication to the board of supervisors, as follows:

'Notwithstanding the legislation which has been enacted whereby a circuit court clerk will now be [sic] induced (inducted) into this class at $4,800 rather than $4,080, it apparently is the request of the circuit court clerks, as transmitted in the county clerk's letter of October 10, 1949, that they be granted additional steps above the $4,800 rate. After considering this matter, the civil service commission sees no justification whatsoever in concurring in this request and recommends that the petition be denied.'

Thereupon, on March 20, 1950, the ways and means committee of the board of supervisors to which plaintiff's petition had been referred, reported to the board of supervisors as follows:

'The civil service committee, meeting together with the civil service commission, has held several hearings on the petition of the circuit court clerks which requests a salary increase above the present maximum salary of $4,800 per year established by the county for all court clerks.

'On October 28, 1949, your board withheld a denial action on a similar request made by the county clerk until such time as it could be determined if the petition contained any new factual information which had not previously been considered.

'We are now advised that the only new argument presented was the contention that it was the intent of the State legislature, in passing Act 138, P.A.1949 fixing the minimum salary of circuit court clerks of Wayne county at $4,800, that the county of Wayne should thereupon provide an additional salary.

'Having been presented with no new facts which would warrant a change in present policy, we therefore recommend that the petition of the court clerks be denied.'

Plaintiffs apparently rely on the original 'official salary plan' and various amendments claimed to have been adopted at different times after the 'official salary plan' was adopted in 1943, and as late as 1951. In February, 1951, the civil service commission reported to the board of supervisors it had received a further petition from the deputy circuit court clerks asking for a salary adjustment; in which report the commission stated it had agreed to approve a certain increase in the salary rate for court clerk (circuit). However, this recommendation was not approved or concurred in by the supervisors.

According to the facts as stipulated by the parties, action in regard to these salaries was later taken as follows:

'On August 23, 1951, the commission adopted a resolution recommending an increase in the rates for all court clerks, (circuit, probate, common pleas, and circuit court commissioners.) The new rates were concurred in by the supervisors and became effective August 27, 1951, and were as follows:

                "Minimum   Intermediary   Maximum
                "4,800    $5,040  $5,280  $5,520"
                

We consider this increase was properly made in the manner required by the 1949 salary act. According to the stipulated facts agreed to by the parties, the above action was taken by the civil service commission and concurred in by the board of supervisors, subsequent to the effective date of P.A.1949, No. 138, the salary act. The civil service commission, with the approval of the board of supervisors, thus approved the increase in the salaries of the deputy circuit court clerks as of the date on which this action became effective, August 27, 1951, and plaintiffs who were then deputy circuit court...