Medico v. Makowski

793 A.2d 167, 2002 Pa. Commw. LEXIS 100
CourtCommonwealth Court of Pennsylvania
DecidedMarch 1, 2002
StatusPublished
Cited by4 cases

This text of 793 A.2d 167 (Medico v. Makowski) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medico v. Makowski, 793 A.2d 167, 2002 Pa. Commw. LEXIS 100 (Pa. Ct. App. 2002).

Opinions

[169]*169COLINS, President Judge.3

Carolee Medico, Prothonotary of Lu-zerne County, appeals the Luzerne County Court of Common Pleas orders denying her request for mandamus and injunctive relief and her post trial motions.

In an equity action filed against the Luzerne County Commissioners and Lu-zerne County, Medico requested an order directing the Luzerne County Commissioners to fund the purchase of additional shelving and a computer system to automate the prothonotary’s office and enjoining the Commissioners from not properly funding those requests and from not complying with their statutory obligation to provide necessary support, services, equipment, and supplies.

After taking evidence, the trial court concluded that the requested relief was not warranted by the evidence and/or the law. The court concluded that although the requested shelving and computer system might make the operation of the prothono-tary’s office more efficient, Medico failed to demonstrate that the prothonotary’s office is unable to function without judicial intervention, that the commissioners’ denial of her requests was politically motivated, or that the requested shelving and computer system were essential and necessary for the continued operation of the office. The judge found that the prothono-tary’s office had access to ample storage space and that shelving requested by other county row officers was paid for from the officer’s material and supplies account. Given the County’s overall plan for automation, the court found that implementing Medico’s choice of computer system for the prothonotary’s office would not be feasible, but rather would be disruptive. Given the record in this case, he opined that the choice of a computer system is a political question and not a judicial one.

On appeal, Medico argues 1) that the trial judge erred in denying mandamus and injunctive relief in that he failed to give adequate weight to 16 P.S. § 508(c), which requires that preference be given to the prothonotary’s choice; and 2) that in concluding that the issues raised in Medico’s complaint are political questions, the judge ignored existing case law and the statutory obligations of county government.

Mandamus is an extraordinary writ that is available to compel a ministerial act or mandatory duty where the plaintiff establishes a clear legal right to relief, a corresponding duty to act in the defendant, and the lack of any other adequate remedy. Advantage Development, Inc. v. Board of Supervisors of Jackson Township, 748 A.2d 1008 (Pa.Cmwlth.2000). Mandamus is not an over-the-counter remedy available on demand; rather it is dispensed sparingly and as a last resort. Bald Eagle Area School District v. County of Centre, 745 A.2d 689 (Pa.Cmwlth.1999), petition for allowance of appeal denied, — Pa.-, 792 A.2d 1254 (2000). Because a mandatory injunction compels a defendant to perform an act, rather than to refrain from acting, courts will grant a mandatory injunction only upon a very strong showing that the plaintiff has a clear right to relief. Department of Public Welfare v. Portnoy, 129 Pa.Cmwlth. 469, 566 A.2d 386 (1989), affirmed, 531 Pa. 320, 612 A.2d 1349 (1992).

The prothonotary is an elected county officer.4 “The office of the prothonotary [170]*170shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).” 42 Pa.C.S. § 2734(b).

The County Code5 charges the county commissioners with responsibility for the management and administration of county fiscal affairs. Section 1701,16 P.S. § 1701. The commissioners prepare and adopt an annual county budget, using “as a guide” statements of revenues and expenditures and appropriation requests made by county officers. Section 1781, 16 P.S. § 1781. Commissioners are empowered to create and maintain a separate capital reserve fund for capital expenditures limited to “the construction, purchase or replacement of or addition to county buildings, equipment, machinery, motor vehicles or other capital assets.... The fund shall be controlled, invested, reinvested and administered, and the moneys therein and income from such moneys expended, ... in such manner as may be determined by the county commissioners.” Section 612, 16 P.S. § 512.6

A budget under the County Code is “a method whereby expenditures are controlled and limited during the fiscal period by designating the amounts of money legally at the disposal of the commissioners, and the purposes for which they may be expended.” Kistler v. Carbon County, 154 Pa.Super. 299, 35 A.2d 733, 735 (1944). Commissioners “cannot, by adopting a budget, limit or avoid liabilities imposed upon the county by the Constitution or by statutes .... The county commissioners are obliged to meet constitutional and statutory obligations, and they can be compelled to do so by mandamus.” Id. In counties of the third class, such as Luzerne County, the county commissioners are statutorily obligated to furnish office furniture, equipment and supplies, and services to county officers at the cost of the county. County Code Section 508(a) and (b), 16 P.S. § 508(a) and (b).

Before purchasing office furniture, equipment, equipment or supplies, ... county officers who are to be furnished with any of such items shall have the opportunity to state in writing his preferences as to the type and make of such articles or any of them. The commissioners shall, when feasible, purchase the supply to each officer his preference in such articles when such preference has been given.

County Code Section 508(c), 16 P.S. § 508(c).

Medico argues that the Commissioners slighted their statutory duty to provide funding for shelving necessary for the storage and maintenance of court records and failed to approve the purchase or lease of the computer system chosen by Ms. Medico and, she maintains, necessary to the appropriate electronic maintenance of court records. In support of this argument, Medico cites Pennsylvania State Association of County Commissioners v. Commonwealth, 545 Pa. 324, 681 A.2d 699 (1996), Snyder v. Snyder, 533 Pa. 203, 620 A.2d 1133 (1993), and Carroll v. Tate, 442 Pa. 45, 274 A.2d 193 (1971), cert. denied, 402 U.S. 974, 91 S.Ct. 1665, 29 L.Ed.2d 138 (1971), for the proposition that courts may [171]*171compel the legislative branch to provide additional funding that is reasonable and necessary for the judiciary to carry out its mandated responsibilities, powers, and duties.

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Medico v. Makowski
793 A.2d 167 (Commonwealth Court of Pennsylvania, 2002)

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Bluebook (online)
793 A.2d 167, 2002 Pa. Commw. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medico-v-makowski-pacommwct-2002.