Willis v. County of Sherburne, s. C6-95-363

• Decision Date: 31 October 1996
• Docket Number: C5-95-371,Nos. C6-95-363,s. C6-95-363
• Citation: 555 N.W.2d 277
• Parties: Galen WILLIS, Petitioner, Appellant (C6-95-363), Respondent (C5-95-371), v. The COUNTY OF SHERBURNE, Petitioner, Respondent (C6-95-363) Appellant (C5-95-371), Dan Nickols, Respondent.
• Court: Minnesota Supreme Court

Page 277

555 N.W.2d 277

Galen WILLIS, Petitioner, Appellant (C6-95-363), Respondent (C5-95-371), v. The COUNTY OF SHERBURNE, Petitioner, Respondent (C6-95-363)

Appellant (C5-95-371),

Dan Nickols, Respondent.

Nos. C6-95-363, C5-95-371.

Supreme Court of Minnesota.

Oct. 31, 1996.

Syllabus by the Court

When an alleged breach of the employment contract of a governmental employee results in termination of the claimant's employment by an executive body which does not have statewide jurisdiction, the claimant may contest the employer's action by certiorari Frederick E. Finch, John M. Buckley, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for Willis.

alone, absent statutory authority for a different process.

Michael J. Ford, Kenneth H. Bayliss, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for Sherburne County.

Jeff M. Zalasky, Lauri A. Vranyes, Erstad & Riemer, P.A., Minneapolis, for Nickols.

Considered and decided by the court en banc without oral argument.

OPINION

COYNE, Justice.

On the petition of plaintiff Galen Willis and conditional petition of defendant Sherburne County we review an unpublished decision of the court of appeals, Willis v. County of Sherburne, Nos. C6-95-363, C5-95-371, 1995 WL 479640 (Minn.App., Aug. 15, 1995). Following termination of his employment, Willis sued Sherburne County and Dan Nickols, alleging that the county had wrongfully discharged him, breached his employment contract, discriminated against him because of a medical disability, and defamed him and alleging that Nickols had wrongfully interfered with his employment. The district court granted the defendants' motions for summary judgment with respect to Willis' wrongful termination claim but denied the motions with respect to Willis' claims of breach of contract, discrimination and defamation and the claim that Nickols interfered with Willis' prospective business advantage. The district court granted the plaintiff's contemporary motion to amend his complaint. On appeal the court of appeals affirmed summary judgment dismissing the wrongful discharge claim and ruled that because Willis had not proceeded by timely writ of certiorari, the court also lacked subject matter jurisdiction with respect to Willis' breach of contract claim. Denial of summary judgment with respect to claims of defamation and disability discrimination was affirmed. We affirm the decision of the court of appeals.

In his amended complaint, Willis makes these allegations: Willis was employed in 1988 as an appraiser in the office of the Sherburne County Assessor. In 1989 he became manager of the newly created mapping department within the county assessor's office. In June of 1990 the Sherburne County Board established a Geographic Information System (GIS) designed to create a database of geographical information which could be used to implement a countywide 911 emergency dispatch system, land use planning and other public uses. On June 6, 1990 the county board reorganized the mapping department as a separate county department known as Land Information/Mapping Office and appointed Willis as department director.

As director of the Land Information/Mapping Office, Willis reported directly to the board of county commissioners, and on his recommendation the board authorized the employment of a registered land surveyor to perform the surveying work previously contracted with outside surveyors. Willis hired Dan Nickols, a licensed surveyor, who was later appointed Sherburne County Surveyor.

In January 1991 Willis suffered an acute episode of multiple sclerosis. He advised Commissioner Michael Johnson, the chairman of the county board, of his illness, saying that although it affected his physical coordination, it did not impair his ability to do his job. Johnson assured Willis that his job was not in danger, but he suggested that Willis not inform David Loch, the county coordinator, that he had multiple sclerosis. Willis did not inform Loch but from time to time he discussed his condition with other county department heads.

According to Willis, Nickols came to resent Willis' supervision and "began to undermine Willis' authority." Then Nickols became openly critical of Willis' qualifications, complaining to members of the county board and other county officials about Willis' management of the department and that Willis was not a licensed surveyor. At about the same time, the county commissioners began to receive anonymous letters accusing Willis of malfeasance and misfeasance in the performance of his duties. On information and belief, Willis alleges that Nickols wrote or solicited the writing of those letters in order to undermine the board's confidence in Willis' ability to manage the Land Information/Mapping Office.

Willis alleges that the county board failed to investigate charges made by Nickols and the anonymous letter writers. Willis also asserts that his job performance was discussed at both open meetings of the board and one or more closed meetings with Nickols, from which Willis was excluded. Willis also accuses the newspapers of Sherburne County of printing Nickols' and some county commissioners' factually inaccurate statements about Willis.

In April or May of 1993 the county board split the Land Information/Mapping Department into two divisions. Nickols became supervisor of the mapping division and Willis remained as head of the Geographic Information System (GIS) division.

Despite the chairman's assurance that Willis' job was not in jeopardy, on June 8, 1993, the GIS operation was assigned to the mapping division and Willis was directed to report to Nickols.

A day or two later Willis told Nickols of his multiple sclerosis and informed Nickols that his condition precluded participation in field survey operations. Willis also says he requested confidentiality with respect to his illness but that within a few days Nickols advised him that he had discussed the matter with "friends" and that he was going to disclose the information to the board or to David Loch, the county coordinator.

On June 15, 1993 the board terminated Willis' employment. Willis alleges that discontinuance of the GIS project was the stated reason for his discharge but that the project has continued under Nickols' supervision. Willis complains that the county did not reassign him to other county employment for which he is qualified by virtue of education, experience and background.

About 9 months after he was discharged, Willis commenced this action against Sherburne County and Nickols alleging breach of contract by reason of termination of his employment without just cause, disability discrimination, defamation and interference with prospective advantage. The defendants moved for summary judgment on the ground that the court lacked subject matter jurisdiction because a petition for certiorari provides the exclusive means by which an employee can secure judicial review of the county's employment determination decision. The district court granted summary judgment dismissing Willis' claim for wrongful termination but also granted Willis' motion to amend his breach of contract count to assert what Willis characterizes as a "pure breach of contract claim." At the same time the district court denied summary judgment with respect to the claims of breach of contract, disability discrimination, defamation and intentional interference with prospective business advantage.

The defendants appealed denial of their motions for summary judgment. ¹ The court of appeals affirmed the judgment of dismissal with respect to the claim of wrongful termination and the denial of summary judgment with respect to the claims of disability discrimination and defamation but reversed the denial of judgment dismissing the breach of contract claim.

We review the decision of the court of appeals on petitions of both Willis and the county. Willis seeks reversal of the dismissal of his breach of contract count, contending that Dietz v. Dodge County, 487 N.W.2d 237 (Minn.1992), should be overruled or substantially limited. The county, on the other hand, would have us extend the rule announced in Dokmo v. Independent School Dist. No. 11, 459 N.W.2d 671 (Minn.1990), and applied in Dietz, to include claims of defamation and discrimination arising out of the discharge of an employee of a local government.

Certainly, as the court of appeals recognized, there can be little doubt that the correct interpretation and application of Dietz v Dodge County, 487 N.W.2d 237 (Minn.1992), governs the disposition of the present case.

The circumstances giving rise to both the Dietz case and the present case are markedly similar. About 6 months after the county had terminated Ms. Dietz' employment, she commenced an action for wrongful discharge. About 9 months went by before Willis commenced this action in which he complained of wrongful discharge in a count entitled "Breach of Contract." In both cases the district court properly dismissed the claim for wrongful discharge. In the present case, however, the district court contemporaneously permitted Willis to amend his complaint to assert what he contends is a "pure" breach of contract claim. Following the erroneous trail laid down by the court of appeals in Stadum v. Norman County, 508 N.W.2d 217, 219 (Minn.App.1993), pet. for rev. denied, (Minn. Jan. 6, 1994) (holding Dietz inapplicable to a "pure breach of contract" claim), the district court ruled that Willis was not limited to review by certiorari and denied the defendants' motion for dismissal of the breach of contract count.

What the district court failed to recognize, however, is that Dietz, as well as Willis, brought an action grounded on breach of contract. Willis would have us render Dietz a victim of creative pleading: if the claimant calls it an action for wrongful discharge, he or she is limited to review by certiorari, but if the claimant calls the action one for breach of...