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Dubrowski v. State ex rel Wyoming Liquor Commission3/23/2000
Appeal from the District Court of Laramie County: The Honorable Jeffrey A. Donnell, Judge
The Wyoming Liquor Commission (WLC) terminated, via a reduction in force, George Dubrowski from the position of Deputy Director of the WLC. After a review, the Personnel Review Board of the State of Wyoming (PRB) ruled that Dubrowsk's termination was invalid and improper. However, by the time the PRB issued its ruling, the legislature had reorganized the WLC and eliminated the position of Deputy Director. Dubrowski filed this action against the WLC and various state officials claiming, inter alia, breach of contract and breach of the covenant of good faith and fair dealing. The trial court granted summary judgment in favor of the appellees on all claims, which we affirm.
ISSUES
George Dubrowski (Dubrowski) presents the following issues for review:
1. Was there a material question of fact as to whether or not a Aspecial relationship@ existed between appellant and his employer, appellee, under Wilder v. Cody Country Chamber of Commerce, 868 P.2d 211 (Wyo. 1994).
2. Did the lower court err in granting Summary Judgment against Plaintiff on his claim of breach of contract.
Appellees (collectively the State) restate the issues:
1. Whether the district court erred in granting the Appellee' Motion For Summary Judgment on the Appellan's claim for breach of the duty of Agood faith and fair dealing.@
2. Whether the district court erred in granting the Appellee' Motion For Summary Judgment on the Appellan's breach of contract claim.
FACTS
Dubrowski was employed by the Wyoming Liquor Commission (WLC) as its Deputy/Assistant Director commencing in May of 1990. In June of 1995, the director of the WLC terminated Dubrowsk's employment. The following day, however, the WLC Board rescinded the termination for lack of good cause. The same month, Governor Jim Geringer appointed Johnnie Burton (Burton), the Director of the Department of Revenue, to act as Interim Director of the WLC, and the WLC Board instructed Burton to investigate and evaluate the operation and structure of the WLC with an eye toward reorganization. At the time, the WLC operated as an independent state agency, run by five elected officials acting as the WLC Board, including the governor who served as the president of the WLC Board.
Following an evaluation, Burton determined that Dubrowsk's position of deputy director was unnecessary. Burton notified Dubrowski that, as of July 28, 1995, he would be terminated as part of a reduction in force. Shortly thereafter, Dubrowski sought review of his termination with the Personnel Review Board of the State of Wyoming (PRB).
In October of 1995, while Dubrowsk's petition for review was pending before the PRB, Burton presented her conclusions and recommendations to the WLC Board. Included was a suggestion to eliminate the director and deputy director positions. The WLC Board approved the recommendations, and the following March, the Legislature reorganized the WLC, placing it within the Department of Revenue. Wyo. Stat. Ann. ' 12-2-106(a) (Lexis 1999). This reorganization included the elimination of the position of deputy director effective March 19, 1996. A new position was created entitled Division Administrator, which was to be filled by gubernatorial appointment.
In the meantime, the PRB review process continued. After conducting an evidentiary hearing in May of 1996, the PRB issued its decision two months later. Finding the WLC and Burton failed to follow the State of Wyoming Personnel Rules governing reductions in force, the PRB concluded that Dubrowsk's t
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