NORCOTT, J.
The primary issue in this certified appeal is whether an arbitration panel properly ordered the plaintiff, the town of Marlborough (town), to reinstate a former town assessor, Emily Chaponis, to her position because the termination of her employment, which had followed the expiration of her term of office, violated the applicable collective bargaining agreement (agreement). The town appeals, following
The record and the opinion of the Appellate Court reveal the following relevant facts and procedural history. Chapter V, § 5.2 of the Marlborough Town Charter (charter) provides that the Board of Selectmen (board) shall appoint various town officers, including an assessor, "to serve at the direction of the [s]electmen ... and whose powers and duties shall be as prescribed by [o]rdinance or in the [General Statutes]." Pursuant to the charter, the board appointed Chaponis to the position of assessor, effective January 7, 2002. Marlborough v. AFSCME, Council 4, Local 818-052, supra, 130 Conn.App. at 558, 23 A.3d 798. In November, 2003, the term of the board that had appointed Chaponis ended, and the newly elected board (2003 board) voted to reappoint her to a successive term of office. Id.
During Chaponis' second term, the town and the defendant, AFSCME, Council 4, Local 818-052 (union), entered into the agreement, which became effective on July 1, 2007. Article 2, § 2. 1, of the agreement recognized the union "as the sole and exclusive representative for collective bargaining with respect to wages, hours, and other conditions of employment" for a number of job classifications, including the position of assessor. Article 24, § 24.1, of the agreement further provided that "[a]ny disciplinary action shall be applied for just cause.... All suspension[s] and discharges must be given in writing, with reasons stated.... All disciplinary action may be appealed through the established grievance procedure [set forth in the agreement]." This agreement remained in effect through June 30, 2011.
In November, 2007, a new board (2007 board) took office and met to make the appointments provided for by the charter. Marlborough v. AFSCME, Council 4, Local 818-052, supra, 130 Conn.App. at 558, 23 A.3d 798. Although the first selectman
During the arbitration, the town argued that: (1) a discharge stemming from a nonreappointment of a politically appointed position that carries with it a specified term of office is not a disciplinary termination that must be supported by just cause; and (2) when negotiating the agreement, the parties had agreed that it would provide certain substantive benefits and protections, but they had not agreed that the agreement would convert a political appointee into a regular employee by altering the town's right to make political appointments or eliminating statutorily defined terms of office for such political appointments. In support of these arguments, the town contended that the charter established that the assessor was a politically appointed position and that § 9-187(a) defined the assessor's term of office as coextensive with the appointing board's term of office. The town further argued that, in the event of a conflict between the language of an agreement and a state statute, the statute controls. Therefore, because Chaponis' statutory term of office had expired and the 2007 board failed to reappoint her, the town argued that it properly terminated her employment, notwithstanding the just cause provision in the agreement.
"The [union] countered by arguing that, prior to the agreement, a term of office may have existed and reappointment by the board may have been necessary in order for [Chaponis] to serve in the office of assessor. The [union] further argued that subsequent to the agreement, however, a term of office for the office of assessor `no longer exists because it directly contradicts specific terms of the [agreement].' Thus, the [union] claimed that the mere failure of the board to reappoint [Chaponis] to the office of assessor did not constitute just cause for summary discharge." Id. at 560, 23 A.3d 798.
On August 6, 2008, the arbitrators issued an award in favor of the union, concluding that the town had violated the agreement by terminating Chaponis' employment without just cause. In so concluding, the arbitrators rejected the town's claim that it was authorized to terminate Chaponis' employment pursuant to § 9-187(a), and specifically rejected "[s]tate statute applicability in this case" because Chaponis "is not an `elected official' and the statute is silent as to the definition of a[t]own [o]fficial."
The town thereafter filed an application in the trial court to vacate the award pursuant to General Statutes § 52-418.
The trial court was not persuaded by the town's arguments, first observing that the town had failed to cite any authority to support the proposition that a state statute or town charter provision "would override the specific language of a collective bargaining agreement." The trial court then
Thereafter, the town appealed from the judgment of the trial court to the Appellate Court, arguing that the trial court had improperly denied its application to vacate the award because it: (1) violated the clearly defined public policy that elected executive leaders have the responsibility and the right to appoint public officers; Marlborough v. AFSCME, Council 4, Local 818-052, supra, 130 Conn.App. at 563-64, 23 A.3d 798; and (2) constituted a manifest disregard of the law because the arbitrators improperly disregarded the applicability of § 9-187(a). Id. at 565, 23 A.3d 798. A divided Appellate Court affirmed the judgment of the trial court. Id. at 557, 23 A.3d 798. In doing so, the majority declined to review the town's public policy claim because the town had failed to raise that claim before the trial court.
Originally, we granted certification in this appeal solely to consider whether the Appellate Court properly determined that the arbitrators had not acted in manifest disregard of the law in concluding that § 9-187(a) was not well-defined in its applicability to the office of town assessor. See id. Following oral argument, however, we ordered the parties, sua sponte, to submit simultaneous briefs on the following issue, which had been raised in the town's petition for certification, but which was not previously granted certification by this court: "If the court determines that the statutory scheme, including ... §§ 9-185, 9-187(a) and [General Statutes (Rev. to 2007) §] 9-198,
In its supplemental brief, the town claims that the award cannot be enforced because it compels the town to reinstate Chaponis to a position to which she is no longer statutorily entitled. Specifically, the town contends that the statutory scheme, including §§ 9-185, 9-187(a) and 9-198, plainly and unambiguously applied to the position of town assessor at the time of the termination of Chaponis' employment. The town further asserts that the award should be vacated because it violates the public policy, as set forth in the statutory scheme dictating the appointment of municipal officers, that the board that is elected by the town's residents should make the decision as to who should serve as the town assessor.
The union counters by arguing that the award is enforceable because the town agreed to the inclusion of the assessor position in the collective bargaining unit and to the discharge provision requiring just cause in the agreement, which eliminated the use of terms of office to define the length of the assessor's employment. In this respect, the union contends that § 9-198 contemplates the elimination of the use of terms of office to define the length of the assessor's employment through the collective bargaining process. The union further argues that, because the town voluntarily included the position of assessor within the collective bargaining unit, the term of office for that position, and the circumstances under which the town assessor's employment may be terminated, were mandatory subjects of collective bargaining under the statutory requirements for collective bargaining with respect to wages, hours, and other conditions of employment pursuant to the Municipal Employee Relations Act (act), General Statutes § 7-467 et seq. Specifically, the union notes that §§ 9-185 and 9-187(a) discuss the terms of office of municipal assessors "when not otherwise prescribed by law," and that General Statutes (Rev. to 2007) § 9-198 provides that the "municipality may provide for the term of office" for the town assessor. The union, thus, contends that the town's voluntary inclusion of the position of assessor in the collective bargaining unit and its negotiation of the just cause provision in the agreement, pursuant to the act, was precisely the type of process contemplated by the "otherwise prescribed by law" language in § 9-187(a) through which the town could have "otherwise prescribed" the term of office for the town assessor. Finally, the union argues that this court should not conclude that the statutory scheme, including §§ 9-185, 9-187(a) and 9-198, unequivocally dictated that the town assessor was a town officer whose term of office was coextensive with that of the board. Specifically, the union claims that the existence of § 9-198, in providing the town with the authority to set the term of office for the position of assessor, demonstrates that the position of assessor could not be included in the "town officers" whose terms of office were governed by § 9-187(a).
We conclude that the plain and unambiguous statutory provisions regarding the appointment of and term limits for municipal officers at the time that the town terminated Chaponis' employment clearly applied to the position of town assessor and prohibited the town from reinstating her after the 2007 board failed to reappoint her to that position, notwithstanding the collective bargaining between the town and the union regarding the just cause provision of the agreement. Accordingly, we reverse the judgment of the Appellate Court.
"Where the submission does not otherwise state, the arbitrators are empowered to decide factual and legal questions and an award cannot be vacated on the grounds that ... the interpretation of the agreement by the arbitrators was erroneous. Courts will not review the evidence nor, where the submission is unrestricted, will they review the arbitrators' decision of the legal questions involved.... In other words, [u]nder an unrestricted submission, the arbitrators' decision is considered final and binding; thus the courts will not review the evidence considered by the arbitrators nor will they review the award for errors of law or fact....
"The long-standing principles governing consensual arbitration are, however, subject to certain exceptions. Although we have traditionally afforded considerable deference to the decisions of arbitrators, we have also conducted a more searching review of arbitral awards in certain circumstances. In Garrity v. McCaskey, [223 Conn. 1, 6, 612 A.2d 742 (1992)], this court listed three recognized grounds for vacating an award: (1) the award rules on the constitutionality of a statute ... (2) the award violates clear public policy ... or (3) the award contravenes one or more of the statutory proscriptions of § 52-418(a).... The judicial recognition of these grounds for vacatur evinces a willingness, in limited circumstances, to employ a heightened standard of judicial review of arbitral conclusions, despite the traditional high level of deference afforded to arbitrators' decisions when made in accordance with their authority pursuant to an unrestricted submission." (Citation omitted; internal quotation marks omitted.) AFSCME, Council 4, Local 1565 v. Dept. of Correction, 298 Conn. 824, 834-35, 6 A.3d 1142 (2010).
Furthermore, "[i]t is well-understood that courts will not enforce an arbitration award if the award itself violates established law or seeks to compel some unlawful action. However, this rule, which is sometimes referred to as a public policy exception, is extremely narrow.... [I]t is plain ... that an arbitration award may not be enforced if it transgresses well defined and dominant laws and legal precedents. It is also clear ... that judges have no license to impose their own brand of justice in determining applicable public policy; thus, the exception applies only when the public policy emanates from clear statutory or case law...." (Citations omitted; emphasis in original; internal quotation marks omitted.) United States Postal Service v. National Assn. of Letter Carriers, AFL-CIO, 810 F.2d 1239, 1241 (D.C.Cir.1987).
"[W]hen a challenge to a voluntary arbitration award rendered pursuant to an unrestricted submission raises a legitimate and colorable claim of violation of public policy, the question of whether the award violates public policy requires de novo judicial review.... The public policy
Furthermore, as we recently clarified in State v. AFSCME, Council 4, Local 391, 309 Conn. 519, 527, 69 A.3d 927 (2013), our review of public policy challenges to arbitration awards "[b]y no means should ... be viewed as a retreat of even one step from our position favoring arbitration as a preferred method of dispute resolution.... [O]ur faith in and reliance on the arbitration process remains undiminished, and we adhere to the long-standing principle that findings of fact are ordinarily left undisturbed upon judicial review. Thus, in the present case, we defer to the [arbitrators'] interpretation of the [agreement] regarding the scope of the [contract] provision.... [A]s a reviewing court, we must determine, pursuant to our plenary authority and giving appropriate deference to the [arbitrators'] factual conclusions, [only] whether the [contract] provision in question violates [the law or public policy].... Thus, this court ... [will] not substitute its judgment for the judgment of the arbitrator[s] with respect to the meaning of the contract." (Citations omitted; emphasis in original; internal quotation marks omitted.) "[W]hen the issue before the arbitrator involves the interpretation of a collective bargaining agreement, the court presumes the correctness of the arbitrator's interpretation, even when the award implicates some public policy.... Accordingly, the sole question that the court must decide ... is whether, under the arbitrator's presumptively correct interpretation of the contract, the contract provision violates a well-defined and dominant public policy." (Citations omitted; emphasis in original.) Id. at 528-29, 69 A.3d 927.
Applying the appropriate scope of review, we conclude that the award violates the clear and unambiguous statutory scheme governing the appointment process and term limit for municipal assessors, and is, therefore, unenforceable. We begin with a review of the relevant statutes. First, General Statutes (Rev. to 2007) § 9-185 lists assessors as "[m]unicipal officers" and indicates that they "may be elected or appointed under the provisions of section 9-198." General Statutes (Rev. to 2007) § 9-198 provides in relevant part that towns, "may ... by a two-thirds majority [vote] of the members of the legislative body thereof ... provide for the election or appointment of one or more
The union claims that the town did, in fact, establish an alternative term of office for the position of town assessor pursuant to § 9-198 through the collective bargaining process, namely, by eliminating the term of office altogether and requiring
General Statutes (Rev. to 2007) § 9-198 provides the town with the authority to "provide for the term of office" for the assessor. This language implicitly requires that there be some definite term of office. Additionally, although General Statutes (Rev. to 2007) § 9-198 further provides that a town acting under the provisions of that section "may, whenever necessary to the action taken hereunder, provide for the termination of the terms of assessors then in office," this provision does not, as the union contends, empower the town to change the conditions under which all future assessors may be terminated. Rather, this provision only allows the town to terminate the assessor then in office when her continued occupancy of that position contradicts the town's action in providing for an alternative term of office pursuant to that statute. Accordingly, we conclude that § 9-198 does not contemplate the elimination of the use of terms of office altogether, and therefore, we reject the union's argument that that statute provided the town with the authority to essentially convert a political appointee into a regular municipal employee through the collective bargaining process.
We, therefore conclude that, under the governing statutes, the collective bargaining process could not properly have eliminated the use of terms of office to govern the length of employment of the town assessor. Thus, Chaponis' second term of office statutorily expired upon the expiration of the 2003 board's term of office. At that time, the 2007 board, pursuant to the charter, was required to appoint an individual to the office of assessor, who, pursuant to § 9-187(a), would then be entitled to serve in that position until the 2007 board's term expired. That individual was
The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to reverse the trial court's judgment and to remand the case to that court with direction to render judgment vacating the arbitration award.
In this opinion the other justices concurred.
Furthermore, contrary to the union's argument that Public Act 10-84 was simply a legislative recognition of a shift that had already occurred, the legislature's determination that the assessor position should, as of October 1, 2010, no longer be a political one, evinces a desire to change the political nature of the assessor position that had existed before that time. See AFSCME, Council 4, Local 1303-325 v. Westbrook, 309 Conn. 767, 789, 75 A.3d 1, 2013 WL 4106690 (2013) (discussing legislative history and effect of Public Act 10-84 on assessor position). Thus, the enactment of Public Act 10-84 undermines, rather than supports, the union's claim that the term limits applicable to municipal officers at the time that the town terminated Chaponis' employment did not apply to the town assessor position.