3 N.E.3d 1062
Ind. Ct. App.2014Background
- Stevenson became the Gibson County Surveyor on January 1, 2005 and was paid $36,170 for 2005.
- He was unlicensed initially and obtained a license in June 2005, after which his salary did not change.
- Stevenson repeatedly sought a 1.5x salary in budgets from 2006 to 2012 based on Ind.Code § 36-2-12-15(b).
- The County Council denied those requests and set and noted an unlicensed-salary amount 1.5x lower in each budget year.
- Stevenson performed corner referencing duties; the statute allowed $4.00 per corner for licensed surveyors.
- In 2009, Stevenson sought additional compensation for corner referencing and the trial court ultimately ruled in favor of the County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the two-tier salary structure was correctly applied. | Stevenson argues two-tier rates should apply based on licensing status. | County contends it set and applied a single, correctional approach per statute. | No reversible error; court upheld the two-tier approach as applied. |
| Whether Stevenson is entitled to 1.5x salary adjustments for 2006-2012. | Stevenson claims entitlement to 1.5x multipliers for those years. | County followed statutory directives and did not grant the higher rates. | The trial court's findings upholding no entitlement to the 1.5x increases were correct. |
| Whether Stevenson is entitled to additional compensation for corner referencing. | Stevenson asserts he completed all corner references and is due compensation. | Court must interpret statutes to require a check and reference for payment. | Not entitled; court interpreted law to require a physical check to receive $4 per corner. |
| Whether corner-referencing duties require a physical inspection for compensation. | Stevenson contends that mere maintenance of records suffices. | Statutes require a check and physical verification of corners to trigger payment. | A physical inspection is required to receive corner compensation. |
Key Cases Cited
- Tracy v. Morell, 948 N.E.2d 855 (Ind.Ct.App.2011) (findings control only for covered issues when sua sponte)
- Bowyer v. Ind. Dept. of Natural Res., 944 N.E.2d 972 (Ind.Ct.App.2011) (review of findings; not clearly erroneous)
- Nash v. State, 881 N.E.2d 1060 (Ind.Ct.App.2008) (statutory interpretation guidance)
- Sherrard v. The Board of Commissioners of the County of Fulton, 278 N.E.2d 307 (Ind.App.1972) (elected official salary fixation timing)