Providence Teachers Union v. Napolitano

• Decision Date: 05 March 1997
• Docket Number: No. 95-283-A,95-283-A
• Citation: 690 A.2d 855
• Parties: 116 Ed. Law Rep. 1090 PROVIDENCE TEACHERS UNION et al. v. Stephen T. NAPOLITANO et al. ppeal.
• Court: Rhode Island Supreme Court

Page 855

690 A.2d 855

116 Ed. Law Rep. 1090

PROVIDENCE TEACHERS UNION et al. v. Stephen T. NAPOLITANO et al.

No. 95-283-Appeal.

Supreme Court of Rhode Island.

March 5, 1997.

Richard A. Skolnik, Robert S. Parker, Providence, for Plaintiffs.

Richard G. Riendeau, Joseph A. Rotella, Providence, for Defendants.

OPINION

PER CURIAM.

Effective January 3, 1983, § 1210 of the Providence Home Rule Charter of 1980 (the charter) required all of the defendant city of Providence's employees, including employees of the school department, to be residents of the city during their employment. In November 1990, voters removed the residency requirement for most municipal employees, including certified school teachers. Two years later, Providence voters reinstituted the residency requirement for all new city workers employed after January 1, 1993. As amended, § 1210 of the charter now provides that:

"All * * * employees of the city * * * including all employees of the school department * * * shall be residents of the city during such employment; provided, however, that any person employed by the city on the date upon which this provision takes effect shall not be subject to the foregoing provision." (Emphases added.)

In December 1992 the Providence Teachers Union and various certified Providence school teachers filed a complaint seeking declaratory and injunctive relief with respect to § 1210 of the charter, which was to become effective January 1, 1993. The individual plaintiffs all served as substitute teachers in the Providence Public School System before the filing of the complaint and historically have never been subject to any residency requirement.

The plaintiffs sought a declaration that the individual plaintiffs were "employees" for purposes of § 1210, and were therefore "grandfathered" from the residency requirement since they were employed as substitute teachers prior to January 1, 1993. Furthermore, plaintiffs sought to enjoin the city from terminating or otherwise affecting the employment of any public school teacher hired prior to January 1, 1993. A justice of the Superior Court awarded plaintiffs the declaratory and injunctive relieve they requested. The city claims on appeal that there was no justiciable controversy below because "[r]esidency has never been applied by the School Department to substitute teachers of any kind at any time." ¹ Because we agree with the city that there was no actual controversy between these parties, we are of the opinion that the Superior Court ought not to have granted the declaratory relief sought and obtained below.

The purpose of declaratory-judgment actions brought pursuant to G.L.1956 chapter 30 of title 9 is "to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations." G.L.1956 § 9-30-12; see also Fireman's Fund Insurance Co. v. E.W. Burman, Inc., 120 R.I. 841, 845, 391 A.2d 99, 101 (1978) ("[t]he obvious purpose of the Uniform Declaratory Judgment[s] Act is to facilitate the termination of controversies"). However, the party seeking declaratory relief must present the court with an actual controversy. See, e.g., Newbay Corp. v. Sisson, 621 A.2d 1250, 1251 (R.I.1993) ("defer[ing] review of, * * * Superior Court [declaratory] judgment in order to determine whether there is an actual controversy at stake"); State v. Cianci, 496 A.2d 139, 146 (R.I.1985) ("[t]he main prerequisite to successful prosecution of an action for declaratory judgment is the existence of an actual or justiciable controversy"); Langton v. Demers, 423 A.2d 1149, 1150 (R.I.1980) ("plaintiff failed to establish the essential prerequisite of the...