Gogebic County Clerk v. Gogebic County Board of Commissioners

301 N.W.2d 491, 102 Mich. App. 251, 1980 Mich. App. LEXIS 3124
CourtMichigan Court of Appeals
DecidedDecember 3, 1980
DocketDocket No. 47673
StatusPublished
Cited by5 cases

This text of 301 N.W.2d 491 (Gogebic County Clerk v. Gogebic County Board of Commissioners) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gogebic County Clerk v. Gogebic County Board of Commissioners, 301 N.W.2d 491, 102 Mich. App. 251, 1980 Mich. App. LEXIS 3124 (Mich. Ct. App. 1980).

Opinion

J. H. Gillis, P.J.

Defendants appeal as of right the Gogebic County Circuit Court’s September 5, 1979, order granting a writ of mandamus. The writ ordered defendants to transfer and return to the Gogebic County Clerk all books, records and accounts taken from the clerk’s office by defendant controller. Defendant board of commissioners was also ordered to return to the clerk all duties1 required of him by law, and provide sufficient funding for equipment, supplies, and staff. Defendants also appeal the circuit court’s September 7, 1979, order appointing a special prosecuting attorney to represent plaintiff, retroactive to the date the suit was filed.

The findings of fact as stated by the circuit court are adopted in pertinent part as follows:

"Plaintiff Melvin R. Peterson is the County Clerk of Gogebic County, a constitutionally created office, and as clerk he is vested with certain powers, duties, and responsibilities as prescribed by various statutes enacted by the Michigan Legislature.
"Defendant Board of Commissioners is the supervisory board of Gogebic County with duties and powers defined by the Michigan Constitution 1963, Article 7, and by the provisions of Michigan Statutes, particularly Public Act 1851, No. 156, as amended. (MSA 5.321 et seq.)
"Defendant Rick Minkin is employed as County Controller, whose powers and duties are defined by the [256]*256provisions of MCL 46.13(b), as amended, MSA 5.336(13b) [sic],
"Plaintifs predecessor in office as Gogebic County Clerk was George P. Hakala, and Charles Londo preceded Rick Minkin was County Controller.
"The records and proceedings of the Board of Commissioners show that Richard A. Sofio, vice chairman and member of the Court House Jail and Grounds Committee, proposed establishing [the] office [of controller], The resolution * * * contained a description of the duties of such controller, and it was approved by such committee. Thereafter, on April 24, 1974, the Finance and Budget Committee approved that the County Board advertise for applications to this position. * * * on July 30, 1974, at a meeting of the Finance and Budget Committee, Charles A. Londo was employed [as controller]. * * *
"Apparently the only official action by the full Board in the creation of the office and selection of the controller concerned the authorization of an annual salary * * * for the controller.
"The minutes of the Board of Commissioners do not show any authorization given or approval made as to the actions of the Court House Jail and Grounds Committee or the Finance and Budget Committee. Hence all actions involving the creation of the office of controller were taken by sub-committees, and the full board has never approved such actions.
"The County Finance Budget and Auditing Committee acts only in an advisory capacity similar to other committees of the board. * * *
"Plaintiff’s predecessor, George P. Hakala, by oral and written communication objected to the creation of the position of county controller, as well as the removal of books, records, and accounts from his office.
"Controller Charles Londo wrote all department heads: 'Effective Monday, September 30, 1974, all pay checks will be issued by this office. This is a change from the past procedure whereby the pay checks have been delivered to the departments by the county clerk. [257]*257No exceptions will be made to this policy, except for extenuating circumstances.’
"Charles Londo, by letter dated April 17, 1975, directed to Richard Sofio, chairman of the Gogebic County Board of Commissioners, requested that certain functions and duties maintained by the county clerk be transferred to his office. These included general fund cost classification records, payroll records, files of paid vouchers, [and] supply of blank checks, and further requested such transfer be completed by May 1, 1975.
"The testimony further indicates the position of bookkeeper was transferred from the county clerk’s office to the controller’s office, along with the transfer of various books, records, and accounts from the clerk’s office. The removal of such materials was done without the approval of the county clerk or a court order.
"The controller petitioned the full board for a bookkeeper and advised the board of his accounting system. The controller received approval April 23, 1975.
"The controller and his office employees are not appointed as deputy county clerks.
"Plaintiff has demanded the return of such records, and the controller and members of the board of commissioners have refused such demand.
"The payroll warrants and payroll checks of county officers and deputies were issued upon warrants and payroll checks signed only by the controller during the period of employment of Controller Londo, and during a portion of the employment of Controller Minkin, and such warrants and payroll checks are presently signed by Controller Minkin and the Gogebic County Treasurer.
"No resolutions have been passed by the Defendant Board of Commissioners authorizing the signing of a bank signature card or other device permitting the controller to sign warrants or checks. Lacking such authorization the controller has executed a bank signature card authorizing him to sign checks drawn on Gogebic County.
"The method of accounting by the controller provides that the claims and accounts shall be maintained in a series of books. Claims are forwarded directly to the [258]*258controller’s office by claimants. These claims are placed in a clipboard in chronological order of receipt and entered in the claims and accounts ledger. The clipboard and ledger are submitted to the Finance and Budget Committee meetings. A member of the committee initials the original claims and another member checks each claim that is allowed in the claims and accounts ledger. Approval or disapproval is also noted in the ledger.
"Thereafter, the claims and accounts ledger and the list of claims and accounts * * * are forwarded to the clerk’s office. This is done at a period which exceeds the present four-day requirement under Act 629 of 1978. The clerk then prepares the agenda for the full county board meeting, which is based upon the claims and accounts ledger, and lists them as received by him from the committee. The agenda is then supplied to the board members prior to the meeting.
"After the books are returned to the controller prior to the board meeting, the controller prepares the warrant for the board’s signature, along with the cash control forms. The warrants are then furnished to the clerk and to the treasurer for their signatures and returned to the controller’s office. At the regular board meeting the board will approve or disapprove the claims and accounts as recommended by the committee, and the proper signed claims and accounts are then sent out by the controller.

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Bluebook (online)
301 N.W.2d 491, 102 Mich. App. 251, 1980 Mich. App. LEXIS 3124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gogebic-county-clerk-v-gogebic-county-board-of-commissioners-michctapp-1980.