Summary 2008 WY 77

Summary of Decision issued July 9, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Douglass v. WYDOT

Citation: 2008 WY 77

Docket Number: S-07-0110

Appeal from the District Court of Laramie County, the Honorable Nicholas G. Kalokathis, Judge.

Representing Appellant: Timothy C. Kingston of Graves, Miller & Kingston, PC, Cheyenne, Wyoming.

Representing Appellee: Patrick J. Crank, Wyoming Attorney General; Michael L. Hubbard, Deputy Attorney General; Ryan Schelhaas, Senior Assistant Attorney General.

Facts/Discussion: Douglass sought review in the district court of a decision by the WYDOT denying him a salary increase. Douglass appealed claiming there was no final agency action starting the 30 days for filing a petition for review or alternatively, if there was final agency action the district court erred in dismissing his petition because he showed excusable neglect.
Final Agency Decision: Douglass sought review of both WYDOT’s decision that he was not entitled to a salary increase and A&I’s letter denying his request for a grievance committee. The Court did not find his assertion that the A&I letter was not a final agency decision contradictory to his petition seeking review of the A&I letter. Douglass was not estopped from seeking review of both agency actions and then making the argument that the district court erred in dismissing his petition because there was not final agency action by WYDOT. The A&I letter was not the final agency decision for purposes of W.R.A.P. 12.04.
The Court stated that it was not clear that the email from Collins at WYDOT ended the proceedings. It held that the email did not constitute the final agency decision for purposes of W.R.A.P. 12.04.
The Court stated that the final step in the administrative grievance process is the decision by the employees’ agency. In the instant case, the last step would have been WYDOT’s final decision to grant or deny his request for a salary increase. Given the Court’s determination that the email did not constitute a final agency decision, the 30 days for filing a petition for review had not been started.

Holding: After a reasonable time, an agency’s inaction is deemed a denial. The Court held that the period from Oct. 31, 2006 to Feb. 16, 2007 constituted a reasonable time. The Court deemed WYDOT’s inaction during that time to be a denial. Thus the petition for review was timely.

Reversed and remanded.

J. Kite delivered the decision.

Link: http://tinyurl.com/6kaakw .

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