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541 So. 2d 1109

Freeman v. Mathers

Court of Civil Appeals of Alabama

Decided March 16, 1988

Court of Civil Appeals of Alabama · decided 1988-03-16

Cited by 1 later decisions — most recently January 1989

1 state decisions

Key passage — most relied on by later courts

“"The Appellant, Mary B. Mathers, filed a motion for summary judgment on July 13, 1987, on her complaint filed May 8, 1986. The complaint was an appeal from *Page 1111 a final decision of the Policemen Firefighters Pension and Relief Fund Board rendered on April 29, 1986. That decision denied the Appellant credit for three (3) years' and two (2) months' work in other city departments prior to accepting a promotion and transfer to the Mobile Police Department. "Before Mary Mathers, Appellant, accepted the promotion and transfer, the Appellant was assured by Assistant Police Chief [James A.] Botta and Richard Smith, Secretary of the Policemen Firefighters Pension and Relief Fund Board that the three (3) years and two (2) months period working with the City of Mobile would be credited towards her retirement. On the basis of these representations, the Appellant accepted the promotion and transfer. "Subsequent to accepting the job, Appellant discovered that the Policemen Firefighters Pension and Relief Fund Board did not and refused to credit Appellant's three (3) years' and two (2) months' work in other city departments to the retirement fund. Appellant has knowledge of two other secretaries that the Board has given retirement credit for work in other city departments. Those employees which received credit for work in other city departments were Ms. Martha Chance, Ms. Loreen Carter and certain policemen from other municipalities. "Counsel for both parties agreed that there were no”

quoted by 1 later decision, including 541 So. 2d 1110 - Ex Parte Mathers

Relies on 502 So. 2d 731 - Town of Mulga v. Town of Maytown

Good law ✅— No negative treatment on recordhow we know

Decided 1988-03-16

View the full empirical analysis of this case →

INGRAM, Judge.

¶1On May 8, 1986, Mary B. Mathers filed an appeal in the circuit court of Mobile County from the final decision of the Policemen and Firefighters Pension and Relief Fund Board (Board) denying her credit toward a pension from the fund for three years’ and two months’ work in other city departments prior to her transfer to the Mobile Police Department. Upon Ms. Mathers’s motion for summary judgment, the trial court, on October 22,1987, entered an order granting the summary judgment and ordering that Ms. Mathers receive credit toward her pension for the time worked in other departments. The Board appeals.

¶2The issue on appeal is whether the trial court’s grant of summary judgment was proper.

¶3The record reveals that before Ms. Math-ers accepted the position with the Mobile Police Department, she was assured by Major Botta, assistant police chief, and Richard Smith, city clerk and secretary of the Board, that the period of three years and two months she worked with other departments with the City of Mobile would be credited toward her retirement. Ms. Math-ers’s acceptance of the transfer was based on these representations. After accepting the job, Ms. Mathers discovered that the Board refused to credit the time she previously worked for the city to her retirement.

¶4Summary judgment is proper when there is no genuine issue of material fact and the *1110moving party is entitled to a judgment as a matter of law. Town of Mulga v. Town of Maytown, 502 So.2d 731 (Ala.1987). In the case at hand, both parties agreed that there were no factual disputes; thus the question turns on a matter of law.

¶5Appellant argues that summary judgment in favor of Ms. Mathers was improper, first, because neither Major Botta nor Richard Smith, as city clerk and Board secretary, had authority to bind the Board, and secondly, even if such authority did exist, the law of estoppel would not apply to a public body such as this Board.

¶6In considering the first question, our search of the record fails to reveal evidence that either Major Botta or Richard Smith possessed express or implied authority to bind the Board by their expressions to Ms. Mathers. In view of such lack of authority, we conclude that it is unnecessary to consider the estoppel question.

¶7This case is reversed and remanded to the trial court. .

¶8REVERSED AND REMANDED.

BRADLEY, P.J., and HOLMES, J., concur.
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