Meyer v. Collins

• Decision Date: 18 August 1998
• Docket Number: Nos. 16920,16921,s. 16920
• Citation: 49 Conn.App. 831,717 A.2d 771
• Parties: Christopher J. MEYER v. John W. COLLINS et al. Christopher J. MEYER et al. v. TOWN OF VERNON et al.
• Court: Connecticut Court of Appeals

Page 771

717 A.2d 771

49 Conn.App. 831

Christopher J. MEYER v. John W. COLLINS et al.

Christopher J. MEYER et al. v. TOWN OF VERNON et al.

Nos. 16920, 16921.

Appellate Court of Connecticut.

Argued March 23, 1998.

Decided Aug. 18, 1998.

Paul H. Gamache, Hartford, for appellants (plaintiffs).

George J. Kelly, Jr., Hartford, for appellees (defendants).

Before LANDAU, SCHALLER and SULLIVAN, JJ.

LANDAU, Judge.

The plaintiffs ¹ appeal from the judgment dismissing their action in the first case for a writ of quo warranto ² seeking to oust the defendants from their appointments as police sergeants of the town of Vernon (town). The plaintiff, Christopher J. Meyer, also appeals from the judgment denying his request for a writ of mandamus to require the town to administer another examination for the position of police sergeant. ³ On appeal, the plaintiffs claim that the trial court improperly (1) concluded that the town had not exceeded its authority in creating a list of eligible candidates for the position of sergeant when the stated duration exceeded that authorized by the town rules and regulations and (2) interpreted the town rules and regulations. We affirm the judgments of the trial court.

The following facts and procedural history are relevant to the disposition of this appeal. In May and June of 1995, the town conducted an examination for the position of police sergeant. The plaintiff, Christopher Meyer and the defendants John W. Collins, Paul G. Miffitt and Donald S. Weglarz are police officers employed by the town who sat for the examination along with other police officers. On the basis of the results of the examination, the police department published an eligibility list for the position of sergeant, ranking six individuals in the order of their scores. ⁴ The list was "established effective June 21, 1995 and shall expire June 30, 1997."

The mayor, Edward Slattery, by letter dated July 18, 1995, appointed Collins, who had the highest score, to the position of police sergeant effective July 23, 1995, and Miffitt, who had the second highest score, to the position of sergeant effective July 24, 1995. The succeeding mayor, Tony Muro, by letter dated September 10, 1996, confirmed the appointment of Weglarz, who had the fourth highest score, to the position of sergeant effective September 29, 1996. By letter dated September 27, 1996, Muro stated to the chief of police that "[t]his is to confirm that I have authorized a one year extension of the certified list for promotion to Sergeant, pursuant to Section 8.2 K of the Town of Vernon Personnel Rules & Regulations." ⁵ The letter further provided that "the certified list was established with an effective date of June 21, 1995. This extension therefore should be considered to be effective as of June 21, 1996."

On October 11, 1996, Christopher Meyer filed two complaints, one in the nature of quo warranto and one in the nature of mandamus, against the defendants. On December 18, 1996, the plaintiff filed a motion to add Paul E. Meyer as a party plaintiff, which the trial court granted. The plaintiffs sought, in their quo warranto action, to oust the defendants from their positions as sergeants and, in their mandamus action, to compel the town to hold another examination and to compile a new list of candidates. The trial court dismissed the quo warranto complaint as to Christopher Meyer for lack of standing, but permitted Paul Meyer to proceed with the quo warranto action. ⁶ The trial court, however denied the plaintiff's quo warranto action and mandamus action. This court granted the plaintiff's motion for consolidation of the appeals from the quo warranto and mandamus actions.

I

The plaintiff first argues that the trial court improperly concluded that the town had not exceeded its authority in creating a list of eligible candidates for the position of sergeant when the stated duration exceeded that authorized by the town rules and regulations. The plaintiff argues that, as a result of the durational error, the entire list is void ab initio. We disagree.

"Rules and regulations adopted pursuant to the authority granted by [a town] charter carry a presumption of validity and have the force and effect of law. Griffin Hospital v. Commission on Hospitals & Health Care, 200 Conn. 489, 497, 512 A.2d 199, appeal dismissed, 479 U.S. 1023, 107 S.Ct. 781, 93 L.Ed.2d 819 (1986)." Civil Service Commission v. Pekrul, 41 Conn.Supp. 302, 313, 571 A.2d 715 (1989), aff'd, 221 Conn. 12, 601 A.2d 538 (1992). When construing a town charter, the court must determine the intent of the legislative body that promulgated the rules. McAdams v. Barbieri, 143 Conn. 405, 418, 123 A.2d 182 (1956). "To determine the intent of the charter, '[t]he enactment must be examined in its entirety and its parts reconciled and made operative so far as possible.' McAdams v. Barbieri, [supra, 143 Conn. at 418, 123 A.2d 182]." New Haven Police Local 530 v. Logue, 188 Conn. 290, 297, 449 A.2d 990 (1982). "Intent is to be ascertained from the language used, if it is plain and unambiguous; or, if it is not, by considering the legislation in the light of all of its provisions, the object which it seeks to accomplish, the pre-existing legislation upon the same subject matter, and all other relevant circumstances.... The words used must be accorded their commonly accepted meaning." (Citation omitted.) McAdams v. Barbieri, supra, 143 Conn. at 415-16, 123 A.2d 182.

Section 8.2 K of the town rules and regulations clearly provides that the list "shall be effective for one (1) year." The plaintiff, however, argues that the list is void ab initio because the stated duration on the list exceeds the one year duration provided in § 8.2 K. The plaintiff argues that the issue in the present appeal is "the integrity of the civil service system." The plaintiff cites Resnick v. Civil Service Commission, 156 Conn. 28, 32, 238 A.2d 391 (1968), and Walker v. Jankura, 162 Conn. 482, 294 A.2d 536 (1972), for the proposition that "any violation of the civil service law, regardless of the consequences, impugns the integrity of the merit system and, therefore, must be fatal." ⁷

In Resnick, our Supreme Court held an examination illegal and void because, during an interview required as part of an open competition for a municipal position, the interviewer asked the plaintiff improper questions regarding his political and religious affiliations. The Resnick court analyzed the "object of the legislation" to determine whether it should declare the examination illegal and void due to the illegal questions. ⁸ The court reasoned that the purpose of open competitive examinations is to ensure that civil service appointments are given to those best qualified, and "thus advance the cause of civil service." Resnick v. Civil Service Commission, supra, 156 Conn. at 30-31, 238 A.2d 391. The court stated that "[t]he purpose of these laws is to ensure the appointment of personnel possessed of the qualifications which are necessary for a fit and intelligent discharge of duties pertaining to public office and to free public employees from the fear of political and personal prejudicial reprisal." Id., at 31, 238 A.2d 391. The court reasoned that the prohibition against asking questions relating to political and religious affiliations "was intended to eliminate a reversion to political or religious affiliation as a test for the appointment to a position so as to contravene that which had been accomplished in the way of civil service reform." Id. As a result, the court held the examination illegal and void because, even when good faith or substantial compliance on the part of the municipality is claimed, such questioning would "open the door to abuses which the law was designed to suppress." Id., at 33, 238 A.2d 391.

In Walker, our Supreme Court affirmed the trial court's judgment holding an eligibility list established as a result of an examination given in violation of the town charter and civil service rules illegal and void. Walker v. Jankura, supra, 162 Conn. 482, 294 A.2d 536. Pursuant to the town charter, the personnel director was required to hold an examination for the position of police inspector within one hundred and twenty days of the establishment of a vacancy for such position. Id., at 485, 294 A.2d 536. The applicants for the examination were required to have accrued three years of experience to qualify to take the examination. Id. The personnel director, however, intentionally delayed holding the examination until after the required 120 day period had passed to enable two additional candidates to complete the necessary three years experience. Id., at 486, 294 A.2d 536. The court reasoned that the 120 day requirement was "of the essence of the thing to be accomplished and that it relate[d] to [a] matter of substance rather than to [a] matter of convenience." Id., at 489, 294 A.2d 536. As a result, the court concluded that the statute was mandatory. Id. The court recited the principle that civil service law "provides for a complete system of procedure designed to secure appointment to public positions of those whose merit and fitness has been determined by examination, and to eliminate as far as practicable the element of partisanship and personal favoritism in making appointments...." (Internal quotation marks omitted.) Id., at 490, 294 A.2d 536. Under this factual scenario, the Walker court affirmed the trial court's decision that "the only reasonable remedy is to order that the list established as a result of the examination be vacated, the examination be held again and that the new examination be open only to candidates who possessed the requisite experience and qualifications...." Id., at 487, 294 A.2d 536.

Unlike the circumstances present in Resnick and Walker, the mayor, who is charged with making the appointments, appointed Collins and Miffitt to the position of sergeant pursuant to the requirements of the town...