PALMER, J.
The dispositive issue in these consolidated appeals
The following undisputed facts and procedural history are relevant to our disposition of this appeal. In 1988, in accordance with the provisions of General Statutes (Rev. to 1987) § 22-331a (a),
"Current operating expenses for the [d]istrict shall be borne by each [t]own in proportion to the following percentages, which are calculated based upon the 1990 census: [Bethany, 13.9 percent; Orange, 38.7 percent; Woodbridge, 23.9 percent; and Prospect, 23.5 percent]....
"Each [t]own hereby agrees to make a yearly budget appropriation sufficient to pay its financial obligations under this [a]greement, upon a payment schedule agreed to by at least three of the four chief elected officials of the member [t]owns.
"Each annual operating budget must be approved by the [d]istrict [b]oard and by the chief elected officials of at least three of the four member [t]owns....
"The [d]istrict is formed to furnish or provide, for the joint use and benefit of the member [t]owns, services, personnel, facilities, equipment and other property or resources for the purpose of administering and enforcing the laws relating to dogs and other animals. The [d]istrict shall be served by a [d]istrict animal control officer and such assistants as shall be deemed necessary by the [d]istrict [b]oard, to be appointed by the [d]istrict [b]oard, who shall also be appointed by the proper appointing authority in each [t]own as the municipal control officer or such assistants in such member [t]own for the administration and enforcement of laws related to dogs and other animals within the limits of all member [t]owns. The working conditions, compensation, benefits, personnel rules, appointment and removal of such animal control officer or assistants ... shall be determined solely by the [d]istrict [b]oard. The [b]oard is hereby authorized to sell, lease, acquire, contract for and
The plaintiff was hired by the district animal control in 2001 to serve as its animal control officer. In accordance with the provisions of the municipal animal control district agreement, the district animal control paid her salary and benefits out of its budget and purchased workers' compensation insurance on her behalf. On January 9, 2005, while in the course of performing her duties, the plaintiff slipped and fell in the driveway of the district animal control, sustaining a serious ankle injury, among other injuries. The plaintiff filed a timely workers' compensation claim against the district animal control, which it accepted and ultimately settled for $800,000. The plaintiff also commenced this action against the defendants pursuant to § 52-557n, alleging, inter alia, negligence and nuisance. The defendants asserted several special defenses, including that the plaintiff's claims were barred (1) by the exclusivity provision of the act, (2) pursuant to the exclusivity of the remedy provided under the highway defect statute; see General Statutes § 13a-149; and (3) under § 52-557n, which limits the liability of municipalities under certain circumstances. The defendants subsequently filed motions for summary judgment, relying on the claims raised in their special defenses.
In opposing the defendants' motions for summary judgment, the plaintiff argued, inter alia, that the exclusivity provision of the act does not bar her claims because the defendants lacked the requisite control over her employment to satisfy the jurisdictional standard of an employer under the act. See Doe v. Yale University, 252 Conn. 641, 680-81, 748 A.2d 834 (2000) ("[t]he right to control test determines the [relationship between a worker and a putative employer] by asking whether the putative employer has the right to control the means and methods used by the worker in the performance of his or her job" [internal quotation marks omitted]). In support of this contention, the plaintiff relied primarily on the municipal animal control district agreement, pursuant to which the defendants had agreed to delegate to the district animal control board (district board) sole control over the terms and conditions of her employment. The plaintiff noted that, under that agreement, the district board had exclusive authority to set her hours, assign her duties, supervise her work, fix her salary and determine her benefits. The plaintiff maintained that, to the extent that the municipal animal control district agreement did not establish conclusively that the district animal control was her employer rather than the defendants, it at least raised a genuine issue of material fact as to that issue sufficient to survive a motion for summary judgment.
The trial court disagreed, concluding that the district board was analogous to a municipal board of education. The trial court explained that, under Wallingford v. Board of Education, 152 Conn. 568, 573, 210 A.2d 446 (1965), members of a local board of education are deemed to be officers of the municipality they serve, whereas employees of the district board are considered employees of the municipalities served by the district board. The court further observed that, in Mase v. Meriden, 164 Conn. 65, 66-67, 316 A.2d 754 (1972), this court relied on Wallingford in concluding that, for purposes of applying the exclusivity
On appeal, the plaintiff renews her argument that the act is inapplicable to her claims because the record makes clear that she and the defendants were never in an employment relationship. The plaintiff contends that the trial court, in reaching a contrary conclusion, misconstrued Mase as having created an exception to the right to control test set forth in Doe. The plaintiff maintains that, although Mase held that employees of a local board of education are employees of the town served by the board, that holding was limited to cases in which a municipality, pursuant to its authority under the Home Rule Act, General Statutes § 7-188, can impose the civil service requirements of its town charter on board employees. The plaintiff further argues that, because she is not subject to the civil service requirements of the defendant towns, the reasoning in Mase is inapplicable. Finally, the plaintiff contends that the trial court, in addition to misconstruing our holding in Mase, extrapolated several principles from the case that are unwarranted, including that the district board is analogous to a municipal board of education, that employees of a regional board of education necessarily would be considered employees of each of the municipalities comprising the region, and that the same rules that apply to local boards of education should apply to district boards. The plaintiff proffers several reasons as to why these principles are unfounded. We find none of the plaintiff's arguments persuasive and conclude that the trial court correctly determined that an employee of the district animal control is an employee of the municipalities served by the district for purposes of the exclusivity provision of the act.
We begin our review of the plaintiff's claim by setting forth certain relevant statutory provisions. General Statutes § 7-193(b) provides in relevant part that "[e]ach municipality may have any municipal
This appeal also implicates the workers' compensation statutes and, in particular, the exclusivity provision of the act. "The purpose of the [act] ... is to provide compensation for injuries arising out of and in the course of employment, regardless of fault.... Under the statute, the employee surrenders his right to bring a common law action against the employer, thereby limiting the employer's liability to the statutory amount.... In return, the employee is compensated for his or her losses without having to prove liability.... In a word, these statutes compromise an employee's right to a common law tort action for work related injuries in return for relatively quick and certain compensation.... The intention of the framers of the act was to establish a speedy, effective and inexpensive method for determining claims for compensation." (Citations omitted; internal quotation marks omitted.) Doe v. Yale University, supra, 252 Conn. at 672, 748 A.2d 834.
"The entire statutory scheme of the [act] is directed toward those who are in the employer-employee relationship as those terms are defined in the act and discussed in our cases. That relationship is threshold to the rights and benefits under the act.... Just as a claimant may invoke the act's remedies only if the claimant satisfies the jurisdictional requirement of an employee as set forth in [General Statutes] § 31-275(9) ... only those defendants who satisfy the requisite jurisdictional standard of an employer as set forth in § 31-275(10) may successfully assert the exclusivity of the act as a bar to a common-law action by an alleged employee." (Citations omitted; internal quotation marks omitted.) Id., at 680, 748 A.2d 834. "In short, if the defendant was the plaintiff's employer, the plaintiff [is] relegated to the remedies afforded by the [act]." Velardi v. Ryder Truck Rental, Inc., 178 Conn. 371, 376, 423 A.2d 77 (1979).
We now turn to the specific question raised by the plaintiff's claim, that is, can she recover damages against the defendants for injuries arising out of her employment
In a per curiam opinion, we upheld the trial court's determination, stating: "In Wallingford v. Board of Education, [supra, 152 Conn. at 573-74, 210 A.2d 446], we specifically held that although [local] boards of education are agencies of the state in charge of education in the towns, members of the board of education are, nevertheless, also officers of the town and that persons employed by the board in the performance of its statutory functions are employees of the town and are thus subject to the provisions of the town charter relating to civil service. Our holding in the Wallingford case that persons employed by the board of education are town employees was not limited only to situations [in which] there was a requirement that the board select its nonprofessional employees under those civil service requirements." Mase v. Meriden, supra, 164 Conn. at 67, 316 A.2d 754.
In the present case, the plaintiff contends that Mase does not control her claim because, among other reasons, the employment relationship that was found to exist in Mase was predicated on the city's right to require the Meriden board of education to comply with the civil service requirements of the city charter. See id. The plaintiff argues that, because she is not subject to the civil service requirements of any of the defendant towns, they lack the requisite control over her employment to satisfy the jurisdictional standard of an employer under Mase. We disagree.
No doubt because we viewed the employment relationship in Mase to be self-evident, we did not engage in a lengthy analysis of the issue, nor did we directly address Mase's arguments to the contrary. Notwithstanding the rather summary nature of our opinion in Mase, however, we explicitly stated that the holding in Wallingford, on which the trial court in Mase relied in concluding that Mase was a
By way of rebuttal, the city argued that the trial court correctly had concluded, in reliance on Wallingford, that the city exercised control over Mase through its officers on the board, which was sufficient
Indeed, it bears emphasis that the issue of whether an employee of a municipal board is also an employee of the municipality served by the board has arisen only in the context of boards of education. That the issue has arisen at all stems from the fact that "our jurisprudence has created a dichotomy in which local boards of education are agents of the state for some purposes and agents of the municipality for others." Purzycki v. Fairfield, 244 Conn. 101, 112, 708 A.2d 937 (1998); see also Board of Education v. New Haven, 237 Conn. 169, 181, 676 A.2d 375 (1996) ("A local board of education acts as an agent of the state when it performs those duties delegated to it by the state.... A board of education acts as an agent of its respective municipality when it performs those functions originally entrusted by the state to the municipality that the municipality has subsequently delegated to the board of education; e.g., the construction of schools or the acquisition of capital equipment. While acting as an agent of the municipality, the local boards of education must comply with the municipality's charter, ordinances and established fiscal procedures." [Citations omitted.]).
Thus, on those few occasions when we have considered the issue, it has been in connection with an effort—either by the employee of a board of education or by a board of education itself—to exploit this dichotomy to some advantage by claiming that board of education employees are employees of the board alone rather than the municipality served by the board. See, e.g., Board of Education v. State Employees Retirement Commission, 210 Conn. 531, 543-45, 556 A.2d 572 (1989) (determining whether board of education employees were employees of municipality such that their wages were subject to social security taxation); Cheshire v. McKenney, supra, 182 Conn. at 257-61, 438 A.2d 88 (determining whether board of education employee was employee of municipality and therefore subject to local charter provision prohibiting municipal employees from serving as members of town council); Mase v. Meriden, supra, 164 Conn. at 66-67, 316 A.2d 754 (determining whether board of education employee was employee of municipality for purposes of applying exclusivity provision of act). We rejected this claim in each of the foregoing cases, concluding that the board's dual agency in no way undercut the employer-employee relationship between the municipality and
There is, of course, no similar dichotomy in the present case. When the district board carries out its duties pursuant to the provisions of § 7-330 and the municipal animal control district agreement, it does so solely on behalf of the defendant towns, pursuant to the authority delegated to it by those towns. See General Statutes § 7-331 (district board "shall have all the powers and duties with regard to [district] projects as such constituent municipalities would have severally"). Accordingly, to the extent that the plaintiff contends that Mase is inapplicable to the present case because of the unique nature of boards of education relative to the straightforward nature of other municipal boards, that contention is without merit. Whatever differences exist between them clearly militate in favor of our conclusion that the defendants and the plaintiff were in an employment relationship.
We also are not persuaded by the plaintiff's contention that the structure of the district animal control "reflects policy choices that ... are inconsistent with a finding that the towns were [the] plaintiff's employer." Specifically, the plaintiff contends that, by organizing the district animal control so that its employees were employees of the district animal control rather than of each of the individual towns, the defendants "insulated themselves from a series of burdens that they quite reasonably thought it [was] very useful to avoid. These burdens include [financial] obligations both to [the] plaintiff and for [the] plaintiff's conduct that might potentially injure others." The plaintiff does not explain, however, and we are unable to discern, how the defendants have insulated themselves from any of the burdens that she describes in light of the fact that, under both the municipal animal control district agreement and § 7-331, the defendants are wholly liable for all of the expenses of the district animal control, including the expenses relating to the plaintiff's employment.
Finally, it is axiomatic that municipal boards and agencies are extensions of the towns they serve, created for the purpose of performing those functions that towns are statutorily required or permitted to perform. See, e.g., General Statutes § 7-193(b) ("[e]ach municipality may have any municipal officers, departments, boards, commissions and agencies which are specifically allowed by the general statutes or which are necessary to carry out any municipal powers, duties or responsibilities under the general statutes"). They are, in effect, alter egos of the towns. The district animal control is no different. Indeed, the only thing that distinguishes it from a single-municipality agency or board, tasked with performing the same quintessentially municipal function, is that the district animal control serves more than one town. That its structure or organization may differ on account of this fact does not alter its fundamental character as an agent of the defendant towns.
To conclude otherwise, as the trial court aptly explained, "would subject a town [that] participates in a municipal district to liability for a worker's on-the-job injury claim twice, once through assessment for sums to provide workers' compensation coverage through the district and then directly for the injury itself. [This] cannot be the intent of the legislature in providing for the regionalization of municipal services. The obvious purpose of the statutes
For the foregoing reasons, we agree with the trial court that the defendants are the plaintiff's employer for purposes of the act, and, therefore, the plaintiff's claims are barred by the exclusivity provisions of the act. Accordingly, the trial court properly granted the defendants' motions for summary judgment, and we reject the plaintiff's claim in Docket No. SC 18422. Because the claim in Docket No. SC 18312 is controlled by our resolution of the appeal in Docket No. SC 18422; see footnote 8 of this opinion; we reject the claim in Docket No. SC 18312 as well.
The judgment is affirmed.
In this opinion the other justices concurred.
In resolving that issue, we set forth several undisputed principles, including that (1) a local board of education is an agency of the state, (2) members of a board of education are officers of the town served by the board, (3) the persons that the board employs are employees of the town, and (4) "local charter powers must yield to the superior power of the state when the two enter a field of statewide concern." Id., at 572-74, 210 A.2d 446. Applying these principles, we concluded that "[t]he institution of civil service for town employees is a matter of local concern to the town...." Id., at 574, 210 A.2d 446. We further concluded that "[t]here [was] nothing in the [statutory] powers to be implied . . . [that] would deny to [the town] the power to embrace, within its civil service system, the nonprofessional employees of the board of education.... The ability to perform the statutory duties imposed on the board are not destroyed or interfered with in any unreasonable way by a requirement that the selection of nonprofessional employees be made from a classified list of persons whose qualifications have been determined on a uniform basis applicable to other town employees similarly situated and whose rights and responsibilities thereafter are fixed by regulations designed to serve the mutual benefit of the employee and the community." Id., at 574-75, 210 A.2d 446.