Mattera v. CIV. SERVICE COM'N OF BRIDGEPORT, CV-03-0402585.

• Decision Date: 24 March 2005
• Docket Number: No. CV-03-0402585.,CV-03-0402585.
• Citation: 49 Conn.Sup. 224,49 Conn. Supp. 224,870 A.2d 483
• Parties: Cindy MATTERA et al. v. CIVIL SERVICE COMMISSION OF the CITY OF BRIDGEPORT
• Court: U.S. District Court — District of Connecticut

870 A.2d 483

49 Conn.Sup. 224

49 Conn. Supp. 224

Cindy MATTERA et al. v. CIVIL SERVICE COMMISSION OF the CITY OF BRIDGEPORT¹

No. CV-03-0402585.

Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport.

March 24, 2005.

Ferguson & Doyle, Rocky Hill, for the named plaintiff et al.

Susan V. Wallace, Middletown, for the plaintiff Johanna Georgia et al.

Bridgeport city attorney, for the named defendant.

Cohen & Wolf, Bridgeport, for the intervening defendant, Bridgeport Firefighters for Merit Employment, Inc.

DEWEY, J.

I INTRODUCTION

In the present action, the plaintiffs, all Bridgeport firefighters, seek to enforce certain civil service provisions of the charter of the city of Bridgeport (city). In particular, the plaintiffs allege that they have "held a position for one year or more" and, therefore, are eligible to test for promotion to a higher grade. The defendant civil service commission (commission) of the city contends that existing civil service rules, in particular, time in grade requirements, preclude the relief that the plaintiffs request. The plaintiffs sought a declaratory judgment that any individual with one year tenure would be eligible for departmental promotional examinations. Additionally, the plaintiffs requested that the court enjoin the defendant from requiring a time in grade requirement of three years as a prerequisite for promotional examinations.

The parties requested relief in the form of a declaratory judgment. Consequently, the court ordered notice to any persons whose rights might be affected by such a declaration. Practice Book § 17-56(b). "This rule is not merely a procedural regulation. It is in recognition and implementation of the basic principle that due process of law requires that the rights of no man shall be judicially determined without affording him a day in court and an opportunity to be heard." Benz v. Walker, 154 Conn. 74, 77, 221 A.2d 841 (1966). This court finds that notice was adequate.

This declaratory judgment may be maintained if the following three conditions have been met: "(1) The party seeking the declaratory judgment has an interest, legal or equitable, by reason of danger of loss or of uncertainty as to the party's rights or other jural relations; (2) There is an actual bona fide and substantial question or issue in dispute or substantial uncertainty of legal relations which requires settlement between the parties; and (3) In the event that there is another form of proceeding that can provide the party seeking the declaratory judgment immediate redress, the court is of the opinion that such party should be allowed to proceed with the claim for declaratory judgment despite the existence of such alternate procedure." Practice Book § 17-55. Here, the plaintiffs have an actual interest in the outcome of these proceedings. Their ability to apply for a promotion is contingent on a ruling that the defendant has improperly construed the relevant civil service regulations. Since the claims involve allegations that the defendant has violated the state and local laws, the court finds that "[t]here is an actual bona fide and substantial question or issue in dispute or substantial uncertainty of legal relations which requires settlement between the parties" in regard to the claim, and, this is the most efficacious forum for the determination of the issues. Consequently, the second and third prongs of the test as to whether a declaratory judgment should be granted have been met.

II FACTS

The plaintiffs are all city firefighters who have been employed for more than one year. Under the city's governing structure, the mayor functions as the executive body and the board of aldermen function as the legislative and appropriating body. The city has a charter that establishes a civil service system.²

The defendant governs the administration of the city's civil service system. Those duties include the preparation and administration of competitive promotional examinations.

The aforementioned city charter and certain ordinances make provisions for the proper procedure for seeking new positions or transfers within a city department. In particular, § 9 of Bridgeport's city charter provides in pertinent part: "The personnel director shall, from time to time, as conditions warrant, hold tests for the purpose of establishing employment lists for the various positions in the [competitive division of the] classified service. Such tests shall be public, competitive and open to all persons who may be lawfully appointed to any position within the class for which such examinations are held with limitations specified in the rules of the commission as to residence, age, health, habits, moral character and prerequisite qualifications to perform the duties of such position. . . . Promotion tests shall be public, competitive and free only to all persons . . . who have held a position for one year or more in a class or rank previously declared by the commission to involve the performance of duties which tend to fit the incumbent for the performance of duty in the class or rank for which the promotion test is held. . . . If fewer than two persons submit themselves for a promotion test, or if, after such test has been held, all applicants shall fail to attain a general average of not less than the minimum standard fixed by the rules of the commission, said director shall forthwith hold an original entrance test and certify from the employment list resulting therefrom. . . . The commission shall cancel such portion of any list as has been in force for more than two years."

The rules of the defendant itself offer further guidance. Chapter 17, § 211(a) of Bridgeport's city charter, pertaining to those rules, provides in pertinent part: "The personnel director shall . . . hold tests for the purpose of establishing employment lists for the various positions in the competitive division of the classified service. . . . Promotion tests shall be public, competitive and free only to all persons . . . who have held a position for one year or more in a class or rank previously declared by the commission to involve the performance of duties which tend to fit the incumbent for the performance of duty in the class or rank for which the promotion test is held. . . . A person who has served less than one year in a lower grade shall not be eligible for a promotion test."

By notice dated March 21, 2003, the city announced that it would offer an examination for the position of pumper engineer. The notice provided in pertinent part: "This examination is open to Firefighters who have been employed by the City of Bridgeport, who meet the following requirements: three years of satisfactory experience as a City of Bridgeport Firefighter as of February 17, 2002."

Cindy Mattera, the named plaintiff, and plaintiffs Alberto Hernandez and Craig Morgan made timely applications to take the pumper engineer examination. On May 3, 2003, all were notified that they failed to meet the experience requirement as set forth in the March 21, 2003 notice. All three appealed this determination to the defendant. On May 8, 2003, the defendant denied all appeals.

By notice dated September 3, 2003, the city announced that it would offer an examination for the position of fire assistant chief. The notice provided in pertinent part: "This examination is open to members of the Bridgeport Fire Department, who have occupied with tenure, a position of Fire Captain, for not less than three years preceding December 7, 1997 (Must have been a Fire Captain on or before December 7, 1994)."

Plaintiffs Manuel Firpi, Ivan Fossesiguroni, Lorenzo Pittman and Ismael Pomales, all Bridgeport fire captains, made timely applications to take the fire assistant chief examination. On September 30, 2003, all were notified that they failed to meet the experience requirement as set forth in the September 3, 2003 announcement. All three appealed this determination to the defendant. On October 7, 2003, the defendant denied all appeals.

By notice dated September 5, 2003, the city announced that it would offer an examination for the position of fire captain. The notice provided that the examination was open to members of the department, who had occupied with tenure a position of fire lieutenant for not less than three years preceding December 10, 2000.

Each of the plaintiffs here has held a position for one year or more but not for the three years in a class or rank previously declared by the commission to involve the performance of duties in a class or rank for which the promotion test was held. Since at least 1939, a year of major civil service reform, a three year time in grade tenure has been required to take the promotional examinations for pumper engineer, fire assistant chief and fire captain. In 1958, after the adoption of the "Griffenhauger Report" by the defendant, that same three year time in grade tenure was again recognized as an eligibility requirement for the pumper engineer, fire assistant chief and fire captain examinations.

There have been exceptions to the three-year time in grade requirement, most notably in 1989 and 1991. In both years, both the city and the local firefighters union agreed to the change in the time in grade requirement. Finally, in March, 1999, as part of a settlement in the matter of International Assn. of Firefighters Local 834 v. Bridgeport Civil Service Commission, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. CV-97 0342821, the city and the firefighters union purportedly entered into an agreement wherein they altered the time in grade requirements for various positions. That settlement agreement was declared null and void in Thomas v. Bridgeport, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. CV-99 361811S (July 19, 2000) (Nadeau, J.).

III LEGAL ANALYSIS

The present controversy is the latest in a long history of proceedings involving...