601 A.2d 1044 | Conn. Super. Ct. | 1991
The plaintiffs, the civil service commission of the city of Waterbury and Edmund Jayaraj, both individually and as administrator of the civil service commission and director of personnel of the city of Waterbury, instituted the two actions, under consideration here. The first in an action in quo warranto (Docket 087414) seeking to oust five named police officers, the defendants in that action, appointed as detectives by the superintendent of police and the Waterbury board of police commissioners and the second, a mandamus action (Docket No. 087653) seeking to compel the board of police commissioners, the defendant in that action, to appoint as detectives those patrolman who ranked highest on the test given under the auspices of the civil service commission and certified to the board of police commissioners by the director of personnel. The parties in both actions have agreed to consolidate said matters and they were heard simultaneously.
The parties have stipulated to the essential facts which are as follows: The superintendent of police of the city of Waterbury on or about February 24, 1988, requested the personnel director of the city's civil service commission to certify the five highest ranking candidates on the eligibility list for the position of detective/plainclothesman in order to fill five vacant positions. A competitive exam was held and the director of personnel, Edmond Jayaraj, certified those candidates who in fact rated highest on the competitive exam.1 Thereafter the board of police commissioners appointed one officer, Joseph Pesce, who did in fact qualify as one of the top five candidates on the eligibility list and four other candidates who were not included *109 in the five highest positions on that list.2 Thereupon the civil service commission and Jayaraj brought these actions to compel the board of commissioners to revoke their actions and to appoint the five highest candidates to the position of detective/plainclothesman.
The central issue in these cases is whether the appointment of a patrolperson to detective is merely a duty assignment as claimed by the defendants, or in fact an appointment to an office or classification requiring a civil service exam and strict adherence to the rules and regulations of the civil service commission requiring the highest ranking on a competitive exam.
The defendants in both cases raised other issues of law by virtue of their respective motions to dismiss and plea in abatement, which was treated as a motion to dismiss. These claims included lack of subject matter jurisdiction, lack of in personam jurisdiction and insufficiency of process. The court, in ruling on the defendant's claim regarding the lack of subject matter jurisdiction, discussed issues of justiciability and standing. In a memorandum of decision filed October 20, 1989, concluded that the plaintiffs did have standing in both actions and that justiciable issues were presented and denied the defendant's motion to dismiss in both cases. The defendants did not raise these issues at the time of trial, and they were not discussed or argued in the defendant's trial brief. Consequently, this court will not consider these issues and the decision of Judge Barnett will be controlling with respect to them. *110
The court finds, therefore, the office of detective has been authorized by the Charter of the City of Waterbury and specifically designated by ordinance. There is a de jure office, detective. In addition, the plaintiff has presented uncontroverted evidence that *111 the Waterbury police department has recognized the existence of the position or classification of the office of detective. The department's own "Roster By Rank, Seniority and Function" dated September 1, 1990, lists detective as a special category. The current budget of the police department lists detective as a separate line item in its "Schedule of Salaries." And finally and most destructive of the defendant's claim that there is no office, position or classification of detective, is the request of the superintendent of police of the city of Waterbury, William Lamb, dated February 24, 1988, requesting the civil service commission to fill the position of five detectives. This request was authorized and signed by the Mayor of the city of Waterbury.
In Docket No. 087414, on the basis of the findings as above expressed, the court shall render judgment in favor of the plaintiffs that the defendants Edward Pekrul, Joseph Pesce3, James Clary, Philip Rinaldi and Edward Stephens be ousted and altogether excluded from the position of detective for the Waterbury police department. *114
In Docket No. 087653, on the basis of the findings as above expressed, the court shall render judgment on behalf of the plaintiffs and order that the defendant board of police commissioners appoint Thomas Storace, Joseph Pesce, Francis Woodruff, Daniel Coleman and William Cortez, who in fact were rated among the five highest candidates on the eligibility list certified by the director of personnel of the civil service commission to the position of detective.