B. J. Smith v. William N. Morris

The plaintiffs are employees of the Shelby County Government (hereinafter County) in Pay Grades 51 and above. By a series of resolutions from December 2, 1971 through July 1, 1976, the County created a policy whereby, upon retirement, an employee would receive payment for up to 75 days of accumulated unused sick leave as part of the Unified Personnel Policies. The Resolution initially adopting the Unified Personnel Policies clearly states that all personnel policies will "be examined from time to time, and at least once per year, to determine whether any changes or modifications should be made." On August 29, 1979, a resolution was passed excluding all county employees whose pay was based on the executive salary schedule from receiving compensation for accumulated unused sick leave. The executive salary schedule includes all County employees Grades 51 and above.