Civil Service Com'n of City of Waterbury v. Pekrul

Decision Date21 January 1992
Docket NumberNo. 14368,14368
Citation221 Conn. 12,601 A.2d 538
CourtConnecticut Supreme Court
PartiesCIVIL SERVICE COMMISSION OF the CITY OF WATERBURY, et al. v. Edward PEKRUL, et al. CIVIL SERVICE COMMISSION OF the CITY OF WATERBURY, et al. v. BOARD OF POLICE COMMISSIONERS OF the CITY OF WATERBURY.

Dennis M. Buckley, Corp. Counsel, with whom was George C. Tzepos, Asst. Corp. Counsel, Waterbury, for appellants (defendants).

John M. Gesmonde, Hamden, with whom was Susan Nobleman, Hartford, for appellees (plaintiffs).

Before PETERS, C.J., and SHEA, CALLAHAN, COVELLO and BERDON, JJ.

PER CURIAM.

This appeal concerns consolidated actions for mandamus and quo warranto challenging the promotion of certain police officers to the position of detective in the Waterbury police department. The plaintiffs, the civil service commission of the city of Waterbury and Edmund Jayaraj, individually and as administrator of the civil service commission and director of personnel of the city of Waterbury, brought these actions to compel the defendants 1 to abide by the results of a civil service examination process designating the candidates most qualified for the position of police detective and to oust those whom the superintendent of the Waterbury police department and the board of police commissioners had appointed in their place. 2 The trial court rendered judgments in favor of the plaintiffs, from which the defendants appealed to the Appellate Court. We transferred their appeal to this court pursuant to Practice Book § 4023.

Our examination of the record on this appeal, and the briefs and arguments of the parties, persuades us that the judgments of the trial court should be affirmed. The central issue is whether the Waterbury charter and ordinances conferred upon the plaintiff civil service commission, rather than upon the defendant superintendent and commissioners, the authority to certify those individuals who were most qualified for appointment to the position of police detective. This issue, in all of its procedural and substantive ramifications, was properly resolved in two thoughtful and comprehensive memoranda of decision filed by the trial court, Barnett, J., Civil Service Commission v. Pekrul, 41 Conn.Sup. 302, 571 A.2d 715 (1989), and Pellegrino, J., Civil Service Commission v. Pekrul, 42 Conn.Sup. 107, 601 A.2d 1044 (1991). Because these memoranda of decision fully state and meet the arguments raised in the present appeal, we adop...

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7 cases
  • Kelly v. New Haven, (SC 17331).
    • United States
    • Connecticut Supreme Court
    • September 27, 2005
    ...civil service rules and makes little sense in system where board of aldermen is required to approve budget); Civil Service Commission v. Pekrul, 221 Conn. 12, 601 A.2d 538 (1992) (commission did not have authority to define assignment as "lateral move" rather than "promotion" in order to av......
  • Bateson v. Weddle
    • United States
    • Connecticut Supreme Court
    • August 14, 2012
    ...308, 571 A.2d 715 (concluding that plaintiff as city resident and taxpayer had standing to bring quo warranto action), aff'd, 221 Conn. 12, 14, 601 A.2d 538 (1992) (affirming trial court decision “in all of its procedural and substantive ramifications” [emphasis added] ). Even though standi......
  • McArdle v. Rodriguez
    • United States
    • United States Appellate Court of Illinois
    • December 22, 1995
    ...in civil service cases. See e.g., Civil Service Commission v. Pekrul (1991), 42 Conn.Sup. 107, 601 A.2d 1044, aff'd (1992) 221 Conn. 12, 601 A.2d 538; Steers v. Cincinnati (1992), 78 Ohio App.3d 437, 605 N.E.2d 400; Fraternal Order of Police v. Maple Heights (1991), 77 Ohio App.3d 674, 603 ......
  • Nationwide Mut. Ins. Co. v. Cassin
    • United States
    • Connecticut Supreme Court
    • January 21, 1992
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