Automobile Drivers & Demonstrators Union Local No. 882 v. Department of Retirement Systems ( 1979 )

Wright, J.

(concurring) — I concur with the majority. This action involves application and interpretation of a statute. RCW 41.26.030(3).

While it is true the legislature could have used the word "municipal" rather than the word "city", the legislature did not do so. The word "municipal" includes cities. The word "city", however, does not include all municipalities. The word "municipal" is broader than the word "city". State ex rel. Griffiths v. Superior Court, 177 Wash. 619, 621-22, 33 P.2d 94 (1934).

The language here is clear. If the language of a statute is clear and unambiguous there is no proper place for construction. State v. Roth, 78 Wn.2d 711, 714, 479 P.2d 55 (1971); State ex rel. Hagan v. Chinook Hotel, Inc., 65 Wn.2d 573, 578-80, 399 P.2d 8 (1965); State v. Spino, 61 Wn.2d 246, 248-49, 377 P.2d 868 (1963); State v. Houck, 32 Wn.2d 681, 684, 203 P.2d 693 (1949); Shelton Hotel Co. v. Bates, 4 Wn.2d 498, 507, 104 P.2d 478 (1940).

It is not a judicial function to add words to a statute even if it appears the omission was a legislative oversight. Jepson v. Department of Labor & Indus., 89 Wn.2d 394, 403, 573 P.2d 10 (1977); State v. Rochelle, 11 Wn. App. 887, 890, 527 P.2d 87 (1974); Knowles v. Holly, 82 Wn.2d 694, 703, 513 P.2d 18 (1973). The trial court erred because the remedy granted violates this principle of statutory construction. A court may not add to a statute, even if that addition seems necessary to make the statute constitutional. We said in Orians v. James, 84 Wn.2d 819, 529 P.2d 1063 (1974): "To say that the law does not mean what it plainly states because it has been judicially interpreted to mean something else ... is in fact illogical." Orians v. James, supra at 822. That case dealt with limiting the application of a statute. How much more illogical is it to extend the operation of a statute?

I agree with the majority that the classification excluding Port police from the LEOFF retirement system is valid. I have, however, added the foregoing to state that an additional reason the trial court must be reversed is because the remedy so selected is impermissible.

For the reasons stated by the majority and for the additional reason stated herein, I would reverse.