Castelli v. Carcieri, No. PC 07-6322 (R.I. Super 7/31/2008)
| Decision Date | 31 July 2008 |
| Docket Number | No. PC 07-6322.,PC 07-6322. |
| Parties | ANN M. CASTELLI, JOSEPH K. FORD, JAMES M. GRANT, JO-ANN J. MACARI, DANIEL E. SILVA, Plaintiffs, v. DONALD L. CARCIERI, in his capacity as Governor of the State of Rhode Island, and BEVERLY NAJARIAN, in her capacity as Director of the Department of Administration, Defendants. |
| Court | Rhode Island Superior Court |
This dispute arises out of action by Governor Donald L. Carcieri and his former Director of the Department of Administration, Beverly E. Najarian, to lay off for an indefinite time period the Sheriff of Newport County and three Chief Deputy Sheriffs and possibly to lay off and eliminate the position of the Sheriff of Kent County (the "Sheriffs") as a result of the State's severe budget crisis. The Sheriffs seek declaratory, equitable and injunctive relief to prevent such action, arguing that only the General Assembly may strip them of their statutory positions in the unclassified service to which they were appointed in 2001 for ten year terms, subject to removal for cause, pursuant to R.I. Gen. Laws § 42-29-1. According to the Sheriffs, a lay off for an indefinite term for budgetary reasons is not a lay off for just cause. They contend that any such action would constitute an unconstitutional deprivation of their property rights in continued employment for the duration of their statutory terms, claiming that they hold their positions subject only to removal for just cause.
The defendants respond that the Governor, acting through the Director of the Department of Administration, has the inherent power and, alternatively, the power under the just cause removal provision of the statute, to lay off the Sheriffs for economic reasons. They contend that the Governor has this power, notwithstanding their prior appointments to unclassified statutory positions for a term of years, from which they may be removed for just cause, in the interest of the fiscal health of the State. They argue that lay offs for reasons of economy, even for an indefinite time period, are not tantamount to an elimination or abolishment of the statutory positions. As such, defendants take the position that no legislative approval of the proposed lay offs is required and no due process rights of the Sheriffs are implicated.
For the reasons set forth in this Decision, this Court declares that the Governor has the inherent power, derived from the Rhode Island Constitution and state statutes, to lay off the Sheriffs for fiscal reasons, notwithstanding their appointment to ten year terms, from which they may be removed for cause, under § 42-29-1. Alternatively, the budget crisis constitutes just cause for such lay offs. The proposed lay offs of the Sheriffs do not constitute an elimination of their positions because the power of the Department of Administration to appoint persons to ten year terms as county and chief deputy sheriffs under § 42-29-1 remains unchanged, and the Sheriffs are entitled to return to their positions before the end of their statutory terms if there is no longer a fiscal reason for them to remain on lay off. Exercise of the lay off power, for economic reasons, does not run afoul of the due process rights of these employees.
As such, the defendants may proceed with the proposed lay offs of the Sheriff of Newport County and the three Chief Deputy Sheriffs named as plaintiffs herein for fiscal reasons. As defendants have not yet taken action to abolish or eliminate any of these positions through reorganization or subcontracting — as they suggested they might do with the Sheriff of Kent County — the question of whether they may take such action with respect to her or anyone else is not yet ripe and will be saved for another day.
The State of Rhode Island is in the midst of a severe financial crisis. Stmt of Undisputed Facts ¶ 14. Indeed, at the inception of this litigation, the estimated budget deficit for the past fiscal year was approximately $150 million. Id. ¶ 15. The estimated budget deficit at that time for the current fiscal year was between $400 and $450 million. Id. ¶ 16. As part of his efforts to deal with this fiscal crisis, Governor Donald L. Carcieri instructed the heads of the executive departments of state government to eliminate the jobs of 1,000 state employees through attrition, restructuring, subcontracting and/or lay off. Id. ¶ 17.
To comply with the Governor's directive, the Department of Administration reviewed all positions within the Division of Sheriffs — a division within the Department of Administration. Id. ¶ 18.1 It specifically reviewed the positions currently held by plaintiffs: the Sheriff of Kent County, Ann M. Castelli; the Sheriff of Newport County, Joseph K. Ford; and three Chief Deputy Sheriffs, James M. Grant, Jo-Ann J. Macari, and Daniel E. Silva. These are unclassified positions carrying ten year terms to which the Director of the Department of Administration, with the consent of Governor Lincoln Almond, appointed the Sheriffs, pursuant to R.I. Gen. Laws § 42-29-1, on December 2, 2001. Id. ¶¶ 1, 3, 5, 7, & 9.2
After that review, the Department of Administration, acting through its previous Director, Beverly E. Najarian,3 sent letters to the Sheriffs, dated November 15, 2007, to inform them of its intent to place them on lay off status or eliminate or subcontract their jobs or job functions due to the severe shortage of funds in the state budget. See Ex. 1 (). The Department also sent 145 other state employees lay off notices on the same date and gave notice to an additional 400 state employees that their positions might be eliminated as a result of reorganization and/or subcontracting. Stmt of Undisputed Facts ¶ 33.4
As the letters to the Sheriffs contain somewhat different verbiage, this Court will summarize each of them. The November 15, 2007 letter sent to Chief Deputy Macari informed her that the State intended to "eliminate" her position as Chief Deputy Sheriff at the Department of Administration due to a shortage of funds. See Ex. 1 ().5 It then advised her that because she had statutory tenure, the State intended to place her in a position of similar grade which she was qualified to perform. Id. Until she received notice of such position, the Department of Administration agreed that it would keep her in her current assignment. Id. After the filing of this litigation and further review of her status, however, the Department determined that she was exempt from statutory tenure under R.I. Gen. Laws § 36-4-59 because she had been appointed to a position with a fixed statutory term. Stmt of Undisputed Facts ¶ 2.6 It then advised her, by letter dated January 8, 2008, that a mistake had been made in the earlier notice and that she would not be eligible to be retained within state service in a position of similar grade; instead, she would be placed on lay off status, effective on the date of any decision by this Court denying her request for injunctive relief. Id. ¶ 21; see Ex. 1 ().
The November 15, 2007 letters sent to Chief Deputy Sheriff Grant7 and Chief Deputy Sheriff Silva8 stated that they would be placed on lay off status from their positions effective Friday November 30, 2007, due to the shortage of funds in the state budget. See Ex. 1 (). These letters made no reference to elimination of their positions or their retention elsewhere in state service and were the only letters that these two sheriffs received.
The parties agree that the layoffs of all three Chief Deputy Sheriffs, plaintiffs Macari, Grant and Silva, are for an indefinite time period, but that they will be placed on a reemployment list. Stmt of Undisputed Facts ¶ 22. They further agree that their positions will not be filled by other individuals. Id. ¶ 23. The Department of Administration contends that by laying off the three Chief Deputy Sheriffs, it is able to avoid laying off "line officers" in the Division of Sheriffs, i.e., those deputy sheriffs who, inter alia, provide custody and control of the state prisoners and security for various state officials and facilities. Id. ¶ 32.9
The November 15, 2007 letter sent to the Sheriff of Newport County, Joseph K. Ford, advised him that, due to a severe shortage of funds in the state budget, it was necessary to reduce the state workforce and that the Department of Administration thus anticipated the subcontracting or elimination of some of its sheriff functions in the coming months. Id. ¶ 24; see Ex. 1 ().10 It further stated that such subcontracting or elimination would not result in his separation from state service, as his statutory tenure would enable him to obtain another position. Id. After the filing of this litigation and further review of his status, however, the Department of Administration determined, as it had with Chief Deputy Sheriff Macari, that he was exempt from statutory tenure under R.I. Gen. Laws § 36-4-59 because he had been appointed to a position with a fixed statutory term. Stmt of Undisputed Facts ¶ 29.11 It then advised him, by letter dated January 8, 2008, that a mistake had been made in the earlier notice and that he would not be eligible to be retained within state service in a position of similar grade; instead, he would be placed on layoff status effective on the date of any decision by this Court denying his request for injunctive relief. Id.; see Ex. 1 (). The parties agree that if the position held by Sheriff Ford is eliminated or subcontracted, he will be laid off for an indefinite time period, he will be placed on a reemployment list and his position will...
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