Opinion
No. 1-1022 / 01-0198.
Filed January 28, 2002.
Appeal from the Iowa District Court for Warren County, DALE B. HAGEN, Judge.
Plaintiff appeals the district court decision upholding the city council's decision he was not entitled to be compensated at the time of his retirement for accrued but unused sick leave. AFFIRMED.
Lucille Hardy, Carlisle, for appellant.
Robert Stuyvesant of Stuyvesant Benton, Carlisle, for appellees.
Considered by SACKETT, C.J., and MAHAN and HECHT, JJ.
Plaintiff Terry Hardy appeals the district court decision upholding the decision of the Carlisle City Council that he was not entitled to be compensated at the time of his retirement for accrued but unused sick leave. He claims he is entitled to be paid for sick leave which had accrued at the time he retired, but which he had not used. We affirm on appeal.
Hardy began employment as the Carlisle chief of police in 1983. He retired June 30, 1999. At the time of his retirement he was paid for vacation and compensation time he had accrued, but not sick leave. He had 656 hours of accrued, but unused, sick leave at the time of his retirement. Hardy received hourly earnings of $18.42. He claims he is entitled to $12,803.52, which is $18.42 multiplied by 656.
Hardy filed a grievance with the city administrator, claiming the city should pay him for his accrued sick leave. The city administrator denied the grievance. Hardy filed an appeal with the city council. After a hearing, the city council upheld the denial of his grievance.
Hardy filed a petition for writ of certiorari against the City of Carlisle, the city council, the individual city council members, and the mayor. The district court determined the City Administrative Code did not provide for the payment of accrued sick leave at the time of retirement. The court also found that benefits such as accrued sick leave are not payable upon retirement unless a binding contract exists between the parties, and there was no such contract in this case. The court annulled the writ of certiorari. Hardy appealed.
Certiorari is a procedure to test the legality of an action by a lower board, tribunal, or court. Wells v. Dallas County Bd. of Adjustment, 475 N.W.2d 680, 682 (Iowa Ct.App. 1991). It is an action at law and is not triable de novo. Id. Our scope of review is for errors of law. Id.
Hardy's claims are based on the Carlisle City Administrative Code. The code provides employees are entitled to twelve days of sick leave per year, which may be accumulated from year to year, but which cannot exceed a maximum of ninety days. The code also provides, "Employees will not be paid for any unused sick days upon termination." Hardy argues that because he retired, and was not terminated from his employment, he should be entitled to be paid for his unused sick leave. He asserts that by stating terminated employees will not be paid for unused sick leave, the code implies all other employees leaving employment will be paid for unused sick leave.
A similar issue was raised in Jackson v. City of Ottumwa, 396 N.W.2d 794, 795 (Iowa Ct.App. 1986), where Glenn Jackson, who left city employment to take a new job, sought to be compensated for unused sick leave. A city council resolution provided some payment for accumulated sick leave would be made to city employees who retired under Social Security and to fire and police personnel who retired under Iowa Code chapter 411. Jackson did not fit either of these categories. We determined Jackson was not entitled to payment for unused sick leave because he did not meet the requirements of the city council resolution. Jackson, 396 N.W.2d at 795. Thus, in the absence of a specific agreement providing for compensation for unused sick leave, the employee was not entitled to such payment.
Also, in Willets v. City of Creston, 433 N.W.2d 58, 60 (Iowa Ct. App. 1988), a city council resolution determined city employees would be entitled to payment of some unused sick leave upon termination of employment. The city later changed its policy on this issue, and plaintiffs filed suit claiming they were entitled to compensation for their accumulated sick leave. We determined plaintiffs were at-will employees, and their employment contract was subject to modification at any time by either party as a condition of its continuance. Willets, 433 N.W.2d at 62. The employees' entitlement to compensation for accrued sick leave would be determined by the policy in place at the time of their retirement. Id. Thus, in the absence of a specific agreement providing for compensation for unused sick leave, no payment was required to be made to the employees. Id.
Hardy did not have a separate employment contract with the city; his employment was governed by the terms of the City Administrative Code. The City Administrative Code does not clearly provide that employees will be paid for unused sick leave at the time of retirement. We conclude Hardy is not entitled to compensation for accumulated, but unused, sick leave. We affirm the decision of the district court.
AFFIRMED.