Darnall v. City of Englewood

• Decision Date: 18 June 1987
• Docket Number: No. 85CA0501,85CA0501
• Citation: 740 P.2d 536
• Parties: Timothy E. DARNALL and Frank C. Coberly, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants and Cross-Appellees, v. The CITY OF ENGLEWOOD, Defendant-Appellee and Cross-Appellant. . I
• Court: Colorado Court of Appeals

Page 536

740 P.2d 536

Timothy E. DARNALL and Frank C. Coberly, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants and Cross-Appellees, v. The CITY OF ENGLEWOOD, Defendant-Appellee and Cross-Appellant.

No. 85CA0501.

Colorado Court of Appeals,

Div. I.

June 18, 1987.

Miller & Leher, Robert C. Leher, Littleton, for plaintiffs-appellants and cross-appellees.

Jack Olsen, City Atty., Englewood, Deisch and Marion, P.C., Brad W. Breslau, Denver, for defendant-appellee and cross-appellant.

KELLY, Judge.

In this class action suit, plaintiffs, Timothy E. Darnall and Frank C. Coberly, appeal the summary judgment entered in favor of the defendant, City of Englewood. The plaintiffs contend, among other things, that the trial court erred in concluding that Darnall, Coberly, and the class they represent are not eligible for employee benefits from the City of Englewood. On cross-appeal, the City contends that the trial court erred in certifying this matter as a class action and naming the plaintiffs as class representatives. We affirm in part and reverse in part.

From 1973 to 1978, Darnall and Coberly worked in Englewood's recreation programs under a series of written employment contracts that were periodically renewed as the programs needed staffing. Both plaintiffs could reject individual contracts without jeopardizing future employment.

Virtually all the contracts covered seasonal recreational activities, and none prevented the plaintiffs from holding additional jobs within the recreation department or with outside employers. During the period the plaintiffs worked for the City, the employment contracts eventually permitted Darnall and Coberly to assume a work load approximating or exceeding that of permanent, full-time city employees. However, at no time from 1973 to 1978 did either Darnall or Coberly negotiate with the city officials for fringe benefits, such as annual leave, sick leave, paid holidays, overtime, medical and hospital benefits, or a retirement plan.

In late 1977, Coberly and Darnall learned that the city manager had instituted a program which allowed some part-time employees to receive prorated benefits based on the number of hours they worked. This program did not, however, include contract employees. Darnall and Coberly filed grievances with the city's Career Service Board alleging that they were de facto full-time employees and that their supervisors had told them that they would be included in the city manager's new benefits program.

The Board asserted that it had no jurisdiction to consider contract employee complaints and took no action on the grievances. Shortly thereafter, the jobs performed by Darnall and Coberly were consolidated and reclassified as full-time positions which required applicants to meet certain qualifications, to pass competitive examinations, and to be appointed under Englewood's classified civil service system. Alleging that they did not meet the qualifications, neither plaintiff sought appointments to the permanent regular positions.

I.

Darnall and Coberly contend that the trial court, in granting summary judgment, erred in concluding that they were not full-time employees as defined under various provisions of the Englewood City Charter and Municipal Code. They argue that because they worked the requisite number of hours per week, the Charter and Code then in effect made them eligible for most of the benefits provided for regular employees in Englewood's classified civil service system. We disagree.

Summary judgment is appropriate if the pleadings, depositions, and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. C.R.C.P. 56(c).

City charters and ordinances pertaining to the same subject matter are to be construed in pari materia to ascertain legislative intent and to avoid inconsistencies and absurdities. Whisler v. Kuckler, 36 Colo.App. 200, 538 P.2d 477 (1975), rev'd on other grounds, 191 Colo. 260, 552 P.2d 18 (1976). See Black's Law Dictionary 711 (rev. 5th ed. 1979). Appellate courts are not bound by a trial court's construction of charters and ordinances, but interpretations by the municipality's executive and legislative bodies are to be given persuasive effect where the possibility for conflicting interpretations exists. Mile High Enterprises, Inc. v. Dee, 192 Colo. 326, 558 P.2d 568 (1977).

The plaintiffs do not contest Englewood's authority to hire temporary employees under short-term contracts. It is uncontroverted that the city manager's long-standing practice was to hire many workers, including Darnall and Coberly, under these contracts, and that they, and the class they represent, were never offered fringe benefits under the contract terms. Neither do the plaintiffs contest the city's authority under its charter and ordinances to set up a classified civil service system which would provide fringe benefits to regular employees.

Darnall and Coberly base their argument primarily upon their construction of inconsistencies in the definition of "employee" in the Englewood Charter and the Municipal Code then in effect. One definition in the Charter states that "employee" includes "any compensated person in municipal service who is not an officer." Englewood City Charter, art. I, § 7 (1969 Amendment). A later amendment, however, defines an employee as "any person employed by the city in a position in the classified service." Englewood City Charter, art. XV, § 137.2(a) (1972 Amendment) (emphasis added).

It is Article XV of the charter which states Englewood's policy in establishing its career civil service system and in defining those employees who are classified...