Citation Numbers: 212 S.W.2d 303, 307 Ky. 783
Judges: OPINION OF THE COURT BY JUDGE REES
Filed Date: 6/18/1948
Status: Precedential
Modified Date: 1/12/2023
Affirming.
On this appeal the constitutionality of the Civil Service Statutes applicable to cities of the third class, KRS
"(3) When any city of the third class adopts an ordinance under this section for the creation of a pension fund and accepts from its employes a portion of their wages and levies a tax therefor, an inviolable contract shall be created between the city as employer and its employes, and the city and its employes shall continue to operate under KRS
Henderson is a city of the third class operating under the commission form of government. On May 27, 1946, the board of commissioners passed an ordinance setting up and adopting a civil service system for the city according to the provisions of the statutes on the subject. By the provisions of the ordinance a civil service commission to hold examinations was created, and a civil service pension fund was set up. It provided that employees who had been in the employ of the city for one year should not be required to stand an original examination, and should be considered eligible for all the benefits under the statutes and the ordinance. A pension board was appointed and a tax was levied by the city to become a part of the pension fund. Beginning with June, 1946, each employee of the city contributed 2% of his monthly salary to the pension fund, and at the time of the commencement of this action *Page 786
in January, 1948, there was a sum in excess of $11,000, representing the taxes levied by the city and the contributions of the employees, held by the pension board. Subsequent to the enactment of the ordinance all employees of the city were appointed from the list of applicants who passed the civil service examination, and were certified to the board of commissioners by the civil service commission. On December 15, 1947, the board of commissioners adopted a second ordinance relating to civil service. This ordinance merely reaffirmed the ordinance of May 27, 1946, and named each employee of the city, the classification to which he belonged, the date and source of his employment, and reappointed each to his position and declared him entitled to the benefits of civil service. It seems that it was the purpose of this ordinance to make a permanent record as to the classification, pay and date of appointment of the employees. On December 24, 1947, a petition was filed with the board of commissioners protesting the passage of the ordinance, and requesting a repeal thereof or a referendum thereon. This petition was filed pursuant to KRS 89.240, which provides for a referendum as to certain types of ordinances. A new board of commissioners had been elected in November to take office on the first Monday in January, 1948. The outgoing board of commissioners, being of the opinion that the ordinance was not the type or character of ordinance which can be submitted to a referendum of the people, declined to reconsider or repeal it or to submit it to a referendum. The same petition was presented to the new board of commissioners and on January 12, 1948, this board passed an ordinance repealing the ordinance of December 15, 1947. The board also adopted a resolution to the effect that the employees of the City of Henderson, other than its firemen and policemen, were not entitled to the benefits of civil service; that no benefit deductions should be made from their salaries; and that the city declined to recognize any such employees as being entitled to any of the benefits of KRS
"No section of KRS
"The ordinances of the City of Henderson, known as the Civil Service ordinances, adopted on May 27, 1946, and on December 15, 1947, and filed as exhibits with the pleadings herein, are valid ordinances of the City of Henderson.
"Each of the plaintiffs is entitled to all of the benefits of the Civil Service or Merit system as prescribed by KRS
Appellants argue four grounds for reversal of the judgment: (1) KRS 90.310-410, the civil service law for second and third class cities, violates sections 29 and 157 of the Kentucky Constitution; (2) the city clerk, city treasurer, city auditor, city assessor and city engineer are officers of the city, not employees, and are not subject to civil service; (3) those employees who hold by reason of one year's service are not validly appointed under and have not acquired a valid civil service relationship; and (4) those employees engaged since the adoption of civil service have not been properly appointed.
The constitutionality of the Civil Service Act applicable to cities of the first class, KRS
The Civil Service Statutes and ordinances fix the status of certain employees of the city, but they do not create any debt within the meaning of section 157 of the Constitution. *Page 789
Black v. Sutton,
We find no merit in the third and fourth grounds urged for reversal. It was within the power of the General Assembly to provide that an employee who had held his position for one year was qualified or eligible without examination. It was, no doubt, the view of the General Assembly that the experience gained by one year's service in the position was just as satisfactory an indication of the applicant's fitness as a test by an examination. Exemption from examination does not confer upon employees who have held their positions one year any special privilege or immunity. The General Assembly merely created a class of employees who are eligible to the benefits of civil service by reason of their service or experience. The validity of such a provision was recognized in City of Covington v. Crolley,
The argument that those employees engaged since the adoption of civil service have not been properly appointed is based on the alleged inadequacy of the orders of the board of commissioners appointing them. It is pointed out that these orders failed to show that the appointees had taken the civil service examination or had been certified by the civil service board or were chosen from the three holding the highest ranking on the list. An agreed stipulation of facts filed in the record shows that all requirements of the statute were met in making the appointments. But, be that as it may, the facts are set out in full and the appointments affirmed in the ordinance of December 15, 1947, which the chancellor correctly held was valid. The ordinance prescribed no new policy or plan, was effective upon its passage, and was not the type or character of ordinance which can be submitted to the referendum. Seaton, Mayor, v. Lackey,
The chancellor correctly declared the rights of the parties, and the judgment is affirmed.
Seaton, Mayor v. Lackey , 298 Ky. 188 ( 1944 )
City of Owensboro v. Board of Trustees, Etc. , 301 Ky. 113 ( 1945 )
Black v. Sutton , 301 Ky. 247 ( 1945 )
City of Lexington v. Thompson , 250 Ky. 96 ( 1933 )
Settle v. Jones , 306 Ky. 9 ( 1947 )
Seiter v. City of Covington , 290 Ky. 699 ( 1942 )
City of Covington v. Trenkamp , 287 Ky. 324 ( 1941 )
Horlander v. City of Owensboro , 289 Ky. 181 ( 1942 )
Kerr v. City of Louisville , 271 Ky. 335 ( 1937 )