Brightman v. Civil Service Commission of City of Des Moines

• Decision Date: 21 February 1973
• Docket Number: No. 55388,55388
• Citation: 204 N.W.2d 588
• Parties: Hubert R. BRIGHTMAN et al., Appellees, v. The CIVIL SERVICE COMMISSION OF the CITY OF DES MOINES, Iowa, et al., Appellants.
• Court: Iowa Supreme Court

Page 588

204 N.W.2d 588

Hubert R. BRIGHTMAN et al., Appellees, v. The CIVIL SERVICE COMMISSION OF the CITY OF DES MOINES, Iowa, et al., Appellants.

No. 55388.

Supreme Court of Iowa.

Feb. 21, 1973.

William D. Grotheluschen, Des Moines, for appellants.

Stewart, Wimer, Brennan & Joyce, Des Mines, for appellees.

Heard before MOORE, C.J., and MASON, RAWLINGS, HARRIS and McCORMICK, JJ.

McCORMICK, Justice.

In 1966 the 33 plaintiffs in this case were detectives under civil service in the Des Moines police department. Des Moines ordinance 7427, effective December 26, 1966, gave them a five percent pay raise. They appealed to the civil service commission alleging the ordinance constituted an illegal demotion (under Code § 365.18) and denial of equal protection (under U.S. Const. amend. 14, § 1, and Iowa Const., Art. I, § 6) because it gave all other members of the police department ten percent raises and failed to equalize plaintiffs' pay with that of police sergeants.

The commission dismissed the appeal on the ground it was without jurisdiction to hear it. The jurisdiction question was ultimately presented to this court, and in Brightman v. Civil Serv. Com'n of City of Des Moines, 171 N.W.2d 612 (Iowa 1969), we held the commission had jurisdiction. The commission subsequently heard and denied the appeal. Plaintiffs appealed to district court under Code § 365.27, and trial court reversed the commission decision. It ordered that plaintiffs be given a ten percent rather than five percent pay raise, retroactive to the effective date of the ordinance.

The commission appeals. We reverse the trial court.

Our review is De novo. We give weight to trial court findings of fact but are not bound by them. Rule 344(f), R.C.P.

Ordinance 7427 was an outgrowth of a job classification and compensation study made for the city by Griffenhagen-Kroeger, Inc., consultants in business administration and finance. Its purpose was to determine if all city positions were properly classified and compensated. The consultants surveyed the positions, developed classification and compensation plans, and made salary recommendations.

Each city position was given a job description, including a definition, discussion of duties, and statement of employment standards. Positions carrying similar duties and responsibilities were put in the same class. Salary recommendations were keyed to classification. Jobs in private industry were selected as benchmarks for salary ranges assigned the various classes of municipal employment.

Detectives were placed in class 21, with a bi-weekly salary range of $234 to $284. Police sergeants were placed in class 23, with a salary range of $257 to $312. In ordinance 7427 the city council adopted the Griffenhagen-Kroeger, Inc. classification and compensation plans and salary recommendations.

The effect of the ordinance was to give all city employees raises from five to 20 percent. However all police department employees except detectives received ten percent raises.

I. Were plaintiffs demoted by the ordinance? Insofar as relevant here plaintiffs could not be demoted except 'after a hearing by a majority vote of the civil service commission, for neglect of duty, disobedience, misconduct, or failure to properly perform (their) duties.' § 365.18, The Code. They assert that giving them a lesser pay raise than other members of the police department served as demotion without compliance with the statute. The city denies they were demoted.

'To 'demote' means to reduce to a lower rank or grade.' 3 McQuillin, Municipal Corporations, § 12.132 at 552 (Third Ed. 1963).

Plaintiffs' theory of demotion is premised on the disparity of pay increase and on an argument that historically detectives were paid as much as sergeants. Detectives had in fact been paid as much or more than sergeants for about 60 years prior to 1965. It was only in the latter part of the period that the positions were put under civil service. Sergeants were covered as of January 1, 1953, and detectives as of July 1, 1959. Each subsequent salary ordinance set the pay for sergeants higher than that for detectives, but until March 8, 1965, the detectives successfully prevailed upon the city actually to pay them the same as sergeants. As of that date a new pay ordinance took effect, based on a salary survey, which increased the pay of sergeants 13 percent and detectives 7.7 percent. An attempted appeal by the detectives was aborted on jurisdictional grounds. See Antrim v. Civil Service Com'n of City of Des Moines, 261 Iowa 396, 154 N.W.2d 711 (1967).

It is undisputed that at least since the positions have been under civil service sergeants rank higher in the chain of command than detectives. Plaintiffs acknowledge that sergeants are the immediate supervisors of detectives. Sergeants have greater supervisory and administrative responsibilities. Employment standards for the position of sergeant are higher. There is no question that the positions are different and that sergeants have an employment status above...