Skinner v. Civil Service Commission of the City of Medina

232 P.3d 558 (Wash. 2010) · Supreme Court of Washington · May 13, 2010 · No. No. 82306-5

Summary

The Washington Supreme Court held that a valid motion for reconsideration under a civil service commission rule tolls the 30-day period for appealing a commission decision under RCW 41.12.090. The court also held that service of the notice of appeal on the Medina city clerk substantially complied with the service requirement because it was reasonably calculated to provide notice to the commission. The court affirmed the Court of Appeals and concluded that the superior court had appellate jurisdiction.

Holdings

  1. A valid and timely motion for reconsideration tolls the 30-day deadline for appealing a police civil service commission decision to superior court under RCW 41.12.090, so the appeal period runs from the Commission's decision on reconsideration.
  2. Service of the notice of appeal on the Medina city clerk substantially complied with the statutory and Commission service requirements because it was reasonably calculated to give the Commission actual notice of the appeal and did not prejudice the Commission.

Questions Presented

  1. Whether a timely motion for reconsideration before a civil service commission tolls the 30-day period for appealing the commission's decision under RCW 41.12.090.
  2. Whether serving the notice of appeal on the Medina city clerk at the address designated as the civil service commission's office substantially complied with RCW 41.12.090 and the Commission's service rules.

Disposition

affirmed

Cases Cited (11)

  • City of Spokane v. Rothwell, 166 Wash. 2d 872, 215 P.3d 162 (2009)(followed)
  • Fay v. Northwest Airlines, Inc., 115 Wash. 2d 194, 796 P.2d 412 (1990)(followed)
  • Spokane County v. Utilities & Transportation Commission, 47 Wash. App. 827, 737 P.2d 1022 (1987)(followed)
  • Hall v. Seattle School District No. 1, 66 Wash. App. 308, 831 P.2d 1128 (1992)(followed)
  • Black v. Department of Labor & Industries, 131 Wash. 2d 547, 933 P.2d 1025 (1997)(followed)
  • In re Saltis, 94 Wash. 2d 889, 621 P.2d 716 (1980)(followed)
  • Skagit Surveyors & Engineers, LLC v. Friends of Skagit County, 135 Wash. 2d 542, 958 P.2d 962 (1998)(distinguished)
  • Union Bay Preservation Coalition v. Cosmos Development & Administration Corp., 127 Wash. 2d 614, 902 P.2d 1247 (1995)(distinguished)
  • Nitardy v. Snohomish County, 105 Wash. 2d 133, 712 P.2d 296 (1986)(distinguished)
  • Skinner v. Civil Service Commission, 146 Wash. App. 171, 188 P.3d 550 (2008)(affirmed)

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Cited In (0)

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