McCormack, J.
This action stems from an employment relationship between the Cass County sheriff's office and Jeremy Schaffer, a deputy sheriff. Schaffer appealed a disciplinary action through a hearing with the Cass County Merit Commission (the Commission). Schaffer appealed the Commission's finding within 30 days of the written order, but not within 30 days of the oral pronouncement. This dispute centers over whether an oral announcement of a decision triggers the 30-day time period for appeal or whether Neb.Rev.Stat. § 23-1734(1) and (2) (Reissue 2012) requires a written and certified order before the appeal period begins to toll.
Appellant, Schaffer, was employed as a deputy sheriff at the Cass County sheriff's office. The appellees in this case are Cass County, Nebraska; the Cass County sheriff's office; Cass County Sheriff William Brueggeman; and the Commission. The Commission is an administrative body authorized to affirm, modify, or revoke decisions of management of the Cass County sheriff's office and Cass County.
On January 17, 2014, the sheriff's office informed Schaffer that he was being suspended for 10 days. The notification stated
The Commission held a hearing regarding Schaffer's grievance on February 24, 2014. At the hearing, the Commission voted and announced on the record its decision to affirm the actions of the sheriff's office. The Commission stated that a written order would follow.
The Commission thereafter issued a written decision dated March 6, 2013, and entitled "Deputy Sheriff Jeremy Schaffer Merit Commission Decision on Grievance." Although the date on the order says March 6, 2013, we assume the Commission intended the date to be March 6, 2014, since all operative facts in this case occurred in 2014. The Commission faxed the decision to Schaffer's counsel on March 21. The Commission mailed the decision by certified mail to Schaffer's counsel on March 21. Schaffer states his counsel received the decision via certified mail on March 26.
Schaffer's counsel filed a petition in error with the Cass County District Court on April 7, 2014. This was 42 days from the date the Commission orally announced its decision. This was 32 days from the issuance of the decision; but the 30th day from the issuance of the decision fell on April 5, which was a Saturday. According to Neb.Rev.Stat. § 25-2221 (Cum.Supp. 2014), the time for appeal was thus extended to the next workday, which was April 7, the same day that Schaffer filed his petition in error. The notice of appeal was filed 17 days from the date the decision was faxed and mailed to counsel.
The district court dismissed Schaffer's appeal for lack of jurisdiction. The court reasoned that Schaffer did not file for a review in accordance with Neb.Rev.Stat. § 25-1931 (Reissue 2008), because the appeal was not filed within the 30-day time period. The court determined that the period for filing began the date of the oral pronouncement, February 24, 2014, and that because Schaffer filed 42 days after this date, Schaffer was outside the 30-day time period. The court did not agree with Schaffer that § 23-1734(1) and (2) require a "certified or written order delivered to the sheriff" before the judgment or final order is rendered under Neb.Rev.Stat. § 25-1901 (Reissue 2008).
Schaffer argues the district court improperly dismissed his appeal for lack of jurisdiction, because it erred in finding that a judgment or final order rendered by an inferior tribunal under § 25-1901 is when the decision is orally announced on the record, not when it was written, certified, and delivered pursuant to § 23-1734(1) and (2). Schaffer argues that since he filed his appeal with the district court within 30 days of the time the decision was written, certified, and delivered, the district court should not have declined jurisdiction.
Statutory interpretation presents a question of law, for which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below.
Schaffer argues that there are two statutes that may apply in this case and that because one is more specific to the facts at hand, the more specific statute
The appellees argue that § 23-1734 does not require a written order as a precondition to a merit commission's finding and decision for purposes of appeal. The appellees state that the time for appeal begins upon the oral pronouncement of the judgment or order and that the written "`transmittal of the order to the parties is not an integral part of the judicial act.'"
There is no debate that under § 25-1901, Schaffer needed to file his appeal 30 days from the date judgment was rendered. Under § 25-1901, a "judgment rendered or final order made by any tribunal, board, or officer exercising judicial functions and inferior in jurisdiction to the district court may be reversed, vacated, or modified by the district court." We have treated sheriff's merit commissions as tribunals under § 25-1901.
In contrast to the written notation or order required when appealing from a district court decision, we have interpreted a "judgment rendered" by an inferior tribunal within Neb.Rev.Stat. §§ 25-1901 through 25-1931 (Reissue 2008) to be an oral announcement of the decision or a pronounced vote at a hearing.
In McNally v. City of Omaha,
In Marcotte v. City of Omaha,
But in McNally and Marcotte, the lower tribunal, board, or commission was not governed by a statute specifying the board's procedure for rendering a final judgment. It can be inferred that our holdings in those cases were limited to situations in which no other statute specified the requirements for a final judgment. Schaffer argues that § 23-1734 is a more specific statute that requires a written order before the judgment of the Commission is considered rendered, and we agree.
Section 23-1734(2) states in relevant part:
(Emphasis supplied.)
Brown v. City of Omaha
Where general and special provisions of statutes are in conflict, the general law yields to the special provision or more specific statute.
Though under §§ 25-1901 and 25-1931, we have found in other circumstances that the final judgment was rendered at the time of the oral announcement of a decision of an inferior tribunal, board, or commission,
Although, typically, decisions rendered by an inferior tribunal, board, or commission are final when they are announced on the record, the specificity in § 23-1734 overrides that general rule. An order is not final until it meets the requirements in § 23-1734. Those requirements state that the order must be in writing, "certified" to the sheriff, and delivered. This order was not in writing until it was issued on March 6, 2014, and not delivered until March 21. March 21 is the earliest date from which the order can be considered final under § 23-1734(2), because the order was not delivered to the parties until that date. The appeal was taken well within 30 days of this date. We reverse the district court's judgment and remand the cause for further proceedings.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.