State ex rel. Blackwell v. Hatcher

426 N.E.2d 118, 1981 Ind. App. LEXIS 1643
CourtIndiana Court of Appeals
DecidedSeptember 29, 1981
DocketNo. 3-680A175
StatusPublished
Cited by2 cases

This text of 426 N.E.2d 118 (State ex rel. Blackwell v. Hatcher) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Blackwell v. Hatcher, 426 N.E.2d 118, 1981 Ind. App. LEXIS 1643 (Ind. Ct. App. 1981).

Opinions

STATON, Judge.

The Gary Firefighters Union No. 359 and several of its members appeal the trial court’s entry of a negative judgment on their claim against the City of Gary, Mayor Richard G. Hatcher, and other city officials. The firefighters sought damages and in-junctive relief for the City’s refusal to pay the full amount of the clothing allowance appropriated for the firefighters by the Gary Common Council for fiscal year 1978.1

On appeal, the firefighters raise the following issues for review:

[120]*120(1) Did the trial court err in holding that the Gary Common Council failed to provide sufficient legal notice of its appropriation for the firefighters’ clothing allowance?
(2) Did the trial court err in holding that the Gary Common Council lacked authority to fix the amount of the firefighters’ clothing allowance?

Affirmed.

This appeal has evolved from a dispute between Mayor Hatcher and the Gary Common Council over who has the power to fix the amount of the "clothing allowance for Gary firefighters. The propriety of paying a clothing allowance is not in question. IC 1976, 19-1-10-1 (Burns Code Ed., 1980 Supp.),2 provides:

“All cities of the first, second, third, fourth and fifth classes having regularly organized and paid police and fire departments shall provide for use by the active members of such police and fire departments of all uniforms, clothing, arms and equipment necessary to the performance of their respective duties: Provided, That after one [1] year of regular service in said departments, any such member thereof may be required by such city to furnish and maintain all of his uniform, clothing, arms and equipment upon the payment to such member by such city an annual cash allowance of not less than two hundred dollars [$200]: Provided further, That a city of first, second, third, fourth, or fifth class may credit such a uniform allowance to each individual officer as against his purchases during any calendar year and provide for the payment of any cash balance remaining at the end of the calendar year.”

The statute is silent as to which municipal entity — the mayor or the common council — ■ is empowered to fix the amount of the firefighters’ clothing allowance. It is this void in IC 19-1-10-1 that has precipitated the controversy between Mayor Hatcher and the Gary Common Council.

On or before August 11, 1977, Mayor Hatcher submitted to the Gary Common Council his proposed budget for the operation of the City of Gary during fiscal year 1978. The proposed budget included an appropriation for a $200.00 clothing allowance payable to each eligible member of the fire department and its ambulance service. The Gary Common Council incorporated Mayor Hatcher’s proposed budget into a proposed budget ordinance which was denominated as “Pending Ordinance 77-103.” The proposed budget ordinance consisted of detailed tax levies and itemized appropriations for various municipal departments. On August 11, 1977, legal notice of “Pending Ordinance 77-103” was published in two Gary newspapers. A public hearing on the proposed budget ordinance was scheduled by the Gary Common Council for August 29, 1977.

On August 16, 1977, the Gary Common Council amended the proposed budget ordinance by increasing the proposed clothing allowance appropriation from $200.00 to $500.00 for each eligible firefighter.3 On August 29, 1977, the Gary Common Council conducted the public hearing on the proposed budget ordinance as scheduled. The ordinance passed in its amended form, which included a $500.00 clothing allowance for firefighters. Mayor Hatcher immediately vetoed the portion of the budget ordinance that encompassed the increased clothing allowance. On September 6, 1977, the Gary Common Council overrode Mayor Hatcher’s partial veto by unanimous vote.

Even though the budget ordinance in its final form required the payment of a [121]*121$500.00 clothing allowance, the City paid only $200.00 to the firefighters. The firefighters then commenced this action against the City and its officials to recover the balance of the clothing allowance appropriated by the Gary Common Council. After a bench trial on the firefighters’ claim, the trial court found against the firefighters and entered the following conclusions of law:

“(1) The Common Council of the City of Gary was without authority to increase the clothing allowance for the plaintiffs.
“(2) The purported amendment increasing the clothing allowance is void and of no effect.
“(3) Publication of the amended ordinance was not had in conformity with the provisions of I.C. 6-1.1 — 17—4 (I.C. 6-1-1-24).
“(4) The law is with the defendants and against the plaintiffs.”

The trial court’s entry of a negative judgment was predicated upon two alternative grounds: (1) the Gary Common Council lacked authority to fix the amount of the firefighters’ clothing allowance, and (2) assuming arguendo that the Gary Common Council had the authority to fix the amount of the firefighters’ clothing allowance, the clothing allowance appropriations were void because the Gary Common Council failed to comply with the statutory directives regarding publication of notice. On appeal, the firefighters challenge both grounds as being erroneous conclusions of law.

After reviewing the record and the statutes relevant to this appeal, it is apparent that the trial- court erred in holding that the Gary Common Council was not empowered to fix the amount of the firefighters’ clothing allowance. However, the trial court properly concluded that the Gary Common Council, assuming it had the authority to fix the amount of the clothing allowance, failed to comply with the publication of notice requirements. The $300.00 increase in the firefighters’ clothing allowance was therefore void. It is axiomatic that the trial court’s decision must be affirmed on appeal if it is sustainable upon any legal theory supported by the record. Thornton v. Pender (1978), 268 Ind. 540, 550, 377 N.E.2d 613, 620. Furthermore, when the trial court has predicated its decision upon two legal theories, one being proper and the other erroneous, the following general observations of law are particularly applicable:

“Erroneous conclusions must be deemed harmless when .. . other conclusions, properly stated on facts found, justify the judgment. Our Appellate Court has stated that erroneous conclusions supporting a judgment may be deemed harmless only when a correct judgment has been rendered on the remaining conclusions.” (footnotes omitted)

2 I.L.E. Appeals § 637, at 694 (1957). The trial court’s erroneous conclusion of law in the present case must be deemed harmless in light of its proper conclusion that legal notice of the proposed budget ordinance was ineffectively published.

I.

Publication of Notice

The firefighters contend that the trial court erred in holding that the Gary Common Council failed to comply with the statutory notice requirements after amending the clothing allowance appropriations of the proposed budget ordinance.

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Cite This Page — Counsel Stack

Bluebook (online)
426 N.E.2d 118, 1981 Ind. App. LEXIS 1643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-blackwell-v-hatcher-indctapp-1981.