|
summary
judgment on the basis of sovereign immunity. Burns appeals.
HELD: The city participates in the countywide enhanced 911 system. The
system provides the dispatcher with the telephone number of the person
calling 911, the name of the person who has registered the phone number,
and the address where the phone is located. The system also includes a
computerized mapping program that displays the approximate location of
the telephone source. The city protocol requires the dispatcher to check
the e-911 map before giving directions to emergency personnel. In this
case, however, the dispatcher admitted that he did not check the map. Burns
contends the city is liable for negligence under the Indiana Tort Claims
Act (ITCA). In 1972, the state supreme court abolished the doctrine of
sovereign immunity. Two years later the legislature enacted the ITCA. Under
the ITCA, governmental entities are subject to liability for torts committed
by them unless the activity falls within a specific enumerated exception.
One of the exceptions to liability under the ITCA is the immunity granted
a governmental entity if the loss results from the use of an enhanced emergency
communication system. Burns argues that since the dispatcher did not consult
the e-911 map, he was not "using" the system and, therefore, the city could
not take advantage of the immunity statute. However, Burns' argument fails
to take into account that e-911 embraces more than computer maps that help
guide emergency vehicles. The system involves central processing computers,
modems, power supplies, software, telephone lines, and the people who furnish
the human support at the dispatch center. Given the interrelationship of
each of these components, including the human operators, within a fully
operational e-911 system, the court cannot say that the dispatcher's failure
to check the map constituted nonuse of the e-911 system. Burns' loss resulted
from the use of an enhanced emergency communication system and the city
is immune from suit under the ITCA. Affirmed for city. [Burns v. City of
Terre Haute, 744 N.E.2d 1038 (Ind. Ct. App. 2001)] |
|
Compensation
The fire department divided its fire fighters into two categories, line
fire fighters, and staff fire fighters. Line fire fighters worked a 24-hour
duty schedule followed by 48 hours off duty. The staff fire fighters who
handled day to day administrative chores worked Monday through Friday 8:00
a.m. to 4:00 p.m. The line fire fighters received 45 vacation days each
year while the staff fire fighters received 35 vacation days each year.
Line fire fighters were allowed to work overtime while staff fire fighters
were not placed on the overtime list. Furthermore, most staff fire fighters
received no compensation for being on call while a few that were assigned
to the inspection bureau received an extra $7,000 in compensation for being
on call. A group of the staff fire fighters filed suit against the city
claiming that the different pay schedules were unlawful. Trial court granted
summary judgement for city and fire fighters appeal.
HELD: State law delegates to the city legislative body the authority
to fix the annual compensation of members of the fire department. The statute
provides that the city pay ordinance may grade the members of the department
and regulate their pay "by rank as well as by length of service." According
to the city pay ordinance the differences in pay and vacation time are
due to rank and grade. Prior case law holds that the words "grade," "rank,"
and "classification" are synonymous for the purposes of state statute.
The statute allows local governments to grade members of the fire department
and regulate their pay by rank and length of service. The statute on its
face contemplates that employees of the fire department are going to be
compensated differently due to differing levels of experience and responsibilities.
The different treatment of staff and line fire fighters seems reasonable
in light of their relative responsibilities and has no apparent illegal
basis for the treatment. Further, there is nothing in the law that prohibits
compensating the various grades, ranks, or classes of fire fighters differently
when their responsibilities are different. As to the issue of overtime
availability, |
|