International Ass'n of Fire Fighters, Local No. 279 v. Civil Service Com'n of Fire Dept. of City of Cheyenne
Citation | 702 P.2d 1294 |
Decision Date | 12 July 1985 |
Docket Number | No. 84-244,84-244 |
Parties | INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL NO. 279, and Guy Cameron, an individual, Appellants (Plaintiffs), v. The CIVIL SERVICE COMMISSION OF the FIRE DEPARTMENT OF the CITY OF CHEYENNE, and Ray Schwarting, as Chairman of the Commission, and William Raper and Robert Fleming as members thereof; Don Erickson, in his capacity as Mayor of the City of Cheyenne; and the City Council of the City of Cheyenne, and William Anderson, Carrol E. Clark, Joan Clark, Jane Crawford, Marvin Gertsch, Wanda McCue, George "Scotty" Reid, Ron Rogers, J. Robert Storey, as members of the City Council, Appellees (Defendants). |
Court | United States State Supreme Court of Wyoming |
Rodger McDaniel and Jennifer Hager, Cheyenne, for appellants.
No appearance on behalf of appellees.
Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.
Appellants filed a petition in the district court seeking (1) a review of the administrative action taken by the Civil Service Commission of the Fire Department of the City of Cheyenne to amend the civil service rules, and (2) a declaratory judgment that the amendments resulted in an unconstitutional impairment of contractual rights. 1 Appeal is taken from the order denying relief.
We affirm.
Appellants word the issues on appeal:
On June 6, 1983, appellant International Association of Fire Fighters, Local No. 279, represented by appellant Guy Cameron entered into a "Collective Labor Agreement" with the City of Cheyenne, effective June 30, 1983 to June 30, 1984. It contained a provision that Chapter V of the Cheyenne Fire Department Civil Service Commission Rules and Regulations was "adopted by reference." Chapter V involved promotion and eligibility lists. It provided in part:
The Commission adopted amendments to these rules, effective March 9, 1984. It eliminated the first quoted sentence from Section 1 of Chapter V, and it eliminated the sentence last quoted from Section 4 of Chapter V.
In short, the changes resulted in eliminating the requirement that the eligibility list expired after two years and allowed a promotion to be awarded to one of the three at the top of the eligibility list rather than awarding it to the one at the top of the list.
In his opinion letter, the Honorable Joseph F. Maier, District Judge, adequately and properly considered the issues relative to the moot nature of the contract impairment issue and relative to standing. Judge Maier said in part:
Appellants argue that the appellees were obligated to maintain the eligibility of all individuals who were placed on the promotional list for a period of two years from the date of the examination. The suggestion is that the matter is not moot as to the rights of those on the list. However, the contract did not obligate the maintenance of an eligibility list for two years. It mandated the expiration of the list in two years--a mandate with the purpose of not continuing a stale list. It did not prohibit the establishment of a new list at an earlier time. In fact, the other language of the contract anticipated new lists. Section 4 of Chapter V directs the preparation of a new list "after each examination," and Section 1a thereof authorizes promotional examinations to be held "to meet or to anticipate the needs of the Fire Department." The reasoning used in interpretation of statutes is applicable to the interpretation of rules made pursuant to statute, i.e., all portions of the act must be read in pari materia and every word, clause and sentence of it must be given effect, all with the purpose of ascertaining intent. Haddenham v. City of Laramie, Wyo., 648 P.2d 551, 553 (1982).
The order of the district court is affirmed.
I agree with the result reached in the majority opinion of the court. For myself, however, I would ground the affirmance strictly upon the proposition that the union and its representative have no standing to assert that the rule amendment unconstitutionally impairs their labor contract.
A fundamental aspect of the doctrine of standing is that those who press an issue must allege "a...
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