Cutler v. MacDonald

• Decision Date: 18 April 1978
• Citation: 174 Conn. 606,392 A.2d 476
• Court: Connecticut Supreme Court
• Parties: John CUTLER et al. v. John T. MacDONALD et al.

Page 476

392 A.2d 476

174 Conn. 606

John CUTLER et al. v. John T. MacDONALD et al.

Supreme Court of Connecticut.

Argued Jan. 6, 1978.

Decided April 18, 1978.

Bernard F. McGovern, Jr., Asst. Atty. Gen., with whom, on the brief, was Carl R. Ajello, Atty. Gen., for appellants-appellees (defendants).

Edward T. Lynch, Jr., New Britain, for appellees-appellants (plaintiffs).

Before HOUSE, C. J., and LOISELLE, BOGDANSKI, LONGO and HEALEY, JJ.

ARTHUR H. HEALEY, Associate Justice.

The plaintiffs ¹ instituted this action against certain state officials: the executive secretary of the commission on special revenue, the commissioner of personnel and administration and the chairman of the personnel appeal board. During the course of this action a number of individuals, who were either field representatives or marketing specialists in the lottery division of the commission on special revenue, were cited in as additional defendants.

The plaintiffs brought this action after each of them either failed to obtain a passing examination score or an examination score sufficiently high to become eligible for a permanent appointment by the commission on special revenue to the position of field representative or marketing specialist as the result of taking an examination for those positions. Their amended complaint includes allegations that their employee status was not clear, that the examination administered to them was not job related, that that examination was administered in derogation of certain statutes and regulations, that certain grievances filed by them after the notification of the examination results and proposed dismissal and termination with loss of various benefits were rejected and that they were refused a hearing concerning them, that they were refused permission to look over their examination and their answers on it, that they were advised that they would be terminated as of a certain date, and that such termination would deprive them of various benefits in violation of the law.

The relief sought included "(a) mandatory injunction reinstating the plaintiffs and those similarly situated ² to the permanent positions held previous to their dismissal with rights and emoluments pertinent thereto," that "(i)n the event an exam is found necessary that a writ of mandamus be issued ordering a new job-related exam and that the plaintiffs and those similarly situated be reinstated pending the results of such exam," "(s)uch other relief as the court may deem necessary or appropriate, both in law and equity," money damages, attorney's fees and costs. The defendants interposed several special defenses and trial was had to the court. The trial court rendered judgment for the plaintiffs, ordering the defendant commissioners of personnel and administration and of special revenue to administer a job-related examination to the plaintiffs concerning their applications for positions as field sales representatives and marketing specialists with the commission on special revenue. The trial court, however, found for the defendants as to all other issues. From that judgment for the plaintiffs, the defendant executive secretary of the commission on special revenue, commissioner of personnel, and the commission on special revenue have appealed. The plaintiffs have also appealed to this court from the judgment rendered "on issues favorable to the defendants."

The defendants on their appeal and the plaintiffs on their cross appeal have each made certain assignments of error. Among the assignments made by both parties is the error that the trial court committed in failing to find as material facts certain paragraphs of the draft finding filed by each party. Before going to the claims we consider dispositive of this case we turn now to the mutual claims of failure to find as material facts certain paragraphs of the draft findings. This court may correct a finding which fails to include admitted or undisputed facts. Practice Book § 627; Salvatore v. Milicki, 163 Conn. 275, 277, 303 A.2d 734; Solari v. Seperak, 154 Conn. 179, 182, 224 A.2d 529. Corrections of findings of fact will only be made upon the refusal of the trial court to find a material fact which was an admitted or undisputed fact. Practice Book § 628(a). "A fact, however, is not admitted or undisputed simply because it is uncontradicted." Freccia v. Martin, 163 Conn. 160, 162, 302 A.2d 280, 282. "That a fact was testified to and was not directly contradicted by another witness is wholly insufficient. Practice Book § 628(a)." Martin v. Kavanewsky, 157 Conn. 514, 515, 255 A.2d 619, 620. Where any proposed addition consists of a fact that is implicit in the finding as made, it is not required to be added. Vogel v. New Milford, 161 Conn. 490, 491, 290 A.2d 231; Broderick v. Shea, 143 Conn. 590, 591, 124 A.2d 229. To secure an addition to the finding the party seeking it must point to some part of the appendix, the pleadings or an exhibit properly before us which discloses that the other party admitted the truth of the fact or that its validity was conceded to be undisputed. State v. Warren, 169 Conn. 207, 214, 363 A.2d 91; Walsh v. Turlick, 164 Conn. 75, 77, 316 A.2d 759. Certain additions requested involve facts which are immaterial and, thus, not required to be added. Martin v. Kavanewsky, supra, 157 Conn. 516, 255 A.2d 619; Greenwich Contracting Co. v. Bonwit Construction Co., 156 Conn. 123, 128, 239 A.2d 519. We have carefully examined the claims of the parties and have determined that neither of them is entitled to the additions sought as there was no failure on the part of the trial court to include any paragraphs of either draft finding which were admitted or undisputed. Walker v. Jankura, 162 Conn. 482, 484, 294 A.2d 536.

The finding discloses the following facts: On or about March 16, 1973, the plaintiffs became provisional employees in the classified service of the state of Connecticut as either field service representatives or marketing specialists with the defendant commission on special revenue. On July 16, 1973, after their provisional appointments had expired, the plaintiffs were retained on the state payroll as emergency employees. On or about September 16, 1973, after their emergency appointments had expired, the plaintiffs were further retained on the state payroll as temporary employees. On or about September 5, 1973, examinations for the positions in the classes of field representative (No. 7803) and marketing specialist (No. 7804) were given to determine a list of eligible individuals for permanent appointment to the positions which the plaintiffs were provisionally holding at the time. Both examinations, hereinafter referred to as "the examination," were administered as one examination. Although the examination contained a total of one hundred questions, those plaintiffs who were eligible only for the field representative position answered only the first eighty questions while those plaintiffs eligible for either the marketing specialist position or the field representative and marketing specialist position answered an additional twenty questions for a total of one hundred questions. The examination was prepared by employees of the state personnel department. The duties required minimum qualifications, experience and training, and principal accountabilities for each class of position were set forth in the respective job specifications of the classes of field representative and marketing specialist created by the personnel policy board on March 16, 1973. On the examination administered on September 5, 1973, each plaintiff either failed to obtain a passing score or a score sufficiently high to become eligible for a permanent appointment by the commission on special revenue to a field representative or marketing specialist position. The September 5, 1973, examination was the first examination ever given for positions in the field representative class and all candidates for that position were required to take the same written examination on that date. All examinees, including those with advanced reading skills, had adequate time in which to complete either examination. It is a difficult job to prepare an examination to test the qualifications, fitness and abilities required of field representatives. The job of marketing specialist and field representative had little or no responsibility.

Harry J. LaPine, the plaintiffs' witness, had been a full-time member of the psychology department at Central Connecticut State College for the past twelve and one-half years engaged chiefly in the instruction of college classes. LaPine, who holds both M.A. and Ph.D....