Massa, J.
The City of Lawrence’s newly-elected mayor terminated the City’s utility superintendent, Carlton Curry, after their differences in policy became apparent. Curry sued, claiming he was wrongfully discharged under the utility superintendent statute, he is owed unpaid wages under the Wage Payment Statute, and the mayor tortiously interfered with his employment contract. The trial court granted summary judgment in favor of Curry on the wrongful discharge claim and in favor of the City on the Wage Payment Statute claim, but denied summary judgment on the tortious interference claim. We affirm the trial court in all respects.
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…Thus, the mayor could neither appoint the superintendent (with the board’s approval) nor remove him under Indiana Code section 36-4-11- 2(d).
Therefore, we return to Indiana Code section 8-1.5-3-4(a)(3), which provides that a utility service board may appoint a superintendent, and Indiana Code section 8-1.5-3-5(d), which states “the superintendent may be removed by the board for cause at any time after notice and a hearing.” Given the clear and unambiguous meaning of this text, we determine that a superintendent may be removed only by the board and only after notice and a hearing. There is no indication the legislature intended removal without cause or whether such a removal would require notice and a hearing. To determine otherwise would require reading words into the statute on behalf of the General Assembly, which we shall not do. See N.D.F., 775 N.E.2d at 1088. Accordingly, Mayor Jessup lacked any statutory authority to remove Curry as superintendent. [Footnote omitted.]
While this outcome may well offend sound public policy, this Court has long noted and again recently reiterated that our job “is to interpret, not legislate, the statutes before [us].” [Footnote omitted.] ESPN, Inc., 62 N.E.3d at 1200; Indiana Wholesale Wine & Liquor Co., Inc. v. State ex rel. Indiana Alcoholic Beverage Com’n, 695 N.E.2d 99, 107 (Ind. 1998) (“The judiciary is but one of three coequal branches of government, each with its own powers and functions. The constitution empowers the legislative branch to make law; the judicial branch to decide cases.”). Here, as written, Indiana Code section 8-1.5-3-5(d) gives the USB the exclusive power to discharge a superintendent for cause (who is not otherwise a department head under Indiana Code section 36- 4-9-4) after notice and a hearing. Since that did not occur here, we affirm the trial court’s grant of summary judgment in favor of Curry on the issue of wrongful discharge.
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…The purpose of the WPS is to prevent employers from stealing their employees’ wages and profiting from their labor. See Ind. Code ch. 22-2-5 (2007). Therefore, the WPS provides that an employer must pay employees any unpaid wages, and employers who do not comply are subject to liquidated damages and attorney’s fees. Ind. Code §§ 22-2-5-1, -2. It is clear from the record that Curry has not actually been working for the City since he was terminated. Although he claims he has been “ready, willing and able” to work, these sentiments do not entitle him to wages under the WPS. Thus, we find summary judgment in favor of the City was proper on this claim and affirm the trial court. See City of Clinton v. Golder, 885 N.E.2d 67, 76 (Ind. Ct. App. 2008) (finding a police officer was not owed wages under the WPS during time he was suspended because he did not “render labor or service”).
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We agree with the trial court that “[t]here exists a genuine issue of material fact as to whether [the City] intentionally and without a legitimate business purpose interfered with Curry’s employment relationship.” Appellant’s App. at 454. Therefore, we affirm the trial court’s denial of summary judgment in favor of the City on this claim.
Conclusion
Based on the clear and unambiguous language of Indiana Code section 8-1.5-3-5(d), the USB had the sole authority to terminate Curry, after notice and a hearing. Any other method for termination is up to the legislature to determine as a matter of policy. With respect to Curry’s Wage Payment Statute and intentional interference with an employment relationship claims, we also affirm. Thus, we affirm the trial court in all respects.
Rush, C.J., and Rucker and Slaughter, JJ., concur.
David, J., concurs in part and dissents in part with separate opinion.
David, J., concurring in part, dissenting in part.
While I agree with the majority that Curry is not entitled to wages pursuant to the Wage Payment Statute and thus, the trial court should be affirmed on that issue, I write separately because I disagree with the majority’s analysis on the other two issues: wrongful discharge and intentional interference with a business relationship. I would reverse the trial court on both issues.
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In sum, I do not believe the plain language of the statute limits the mayor’s ability to terminate the superintendent at will. I also do not believe that the mayor’s actions were unjustified and thus, Curry cannot prove his claim for intentional interference with an employment relationship. As such, I respectfully dissent in part. I would reverse the trial court on both issues.