State ex rel. Smith v. Culliver

929 N.E.2d 465, 186 Ohio App. 3d 534
CourtOhio Court of Appeals
DecidedJanuary 28, 2010
DocketNo. 2009-CA-0125
StatusPublished
Cited by2 cases

This text of 929 N.E.2d 465 (State ex rel. Smith v. Culliver) is published on Counsel Stack Legal Research, covering Ohio 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. Smith v. Culliver, 929 N.E.2d 465, 186 Ohio App. 3d 534 (Ohio Ct. App. 2010).

Opinion

Gwin, Presiding Judge.

{¶ 1} This case comes to us on the accelerated calendar. The appeal will be determined as provided by App.R. 11.1. App.R. 11.1, which governs accelerated calendar cases, provides:

[537]*537{¶ 2} “(C) Briefs shall be in the form specified by App. R. 16. Appellant shall serve and file his brief within fifteen days after the date on which the record is filed. The appellee shall serve and file his brief within fifteen days after service of the brief of the appellant. Reply briefs shall not be filed unless ordered by the court.
{¶ 3} “ * * *
{¶ 4} “(E) Determination and judgment on appeal. It shall be sufficient compliance with App. R. 12(A) for the statement of the reason for the court’s decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form.”

{¶ 5} Additionally, Loc.App.R. 6 of the Fifth District Court of Appeals provides:

{¶ 6} “(B) Pursuant to App.R. 11.1, this Court has adopted an accelerated calendar. The Court shall determine from the docketing statement whether the appeal will be assigned to the accelerated or regular calendar. If the appeal is assigned to the accelerated calendar, oral arguments shall not be scheduled and the matter will be determined upon submission of all briefs.”

{¶ 7} One of the important purposes of an accelerated calendar is to enable an appellate court to render a brief and conclusory decision more quickly than in a case on the regular calendar where the briefs, facts, and legal issues are more complicated. Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158, 11 OBR 240, 463 N.E.2d 655.

{¶ 8} This appeal shall be considered in accordance with the aforementioned rules.

STATEMENT OF THE CASE

{¶ 9} This case originated in the court of common pleas on the complaint in mandamus of appellee, Daniel Smith, Clerk of Court of the Mansfield Municipal Court. Appellee sought a writ of mandamus compelling appellants, the mayor and city council of Mansfield, to fund his 2009 department budget request of $1,056,866. Appellants answered, asserting in principle that appellee’s request was unreasonable and an abuse of discretion in light of (1) the city’s financial condition, (2) the conditions in the economy, (3) comparable public and private wages, hours, and working conditions, (4) the limited resources available, and (5) appellants’ duties to fund other essential or statutorily required city services.

{¶ 10} The parties submitted stipulated facts and exhibits and prehearing briefs to the trial court. The trial court heard oral argument on September 9, 2009. The trial court also allowed the parties to file supplemental briefs relating [538]*538to budgetary comparisons between the Mansfield Clerk of Court’s Office and similar municipal court clerks throughout the state.

{¶ 11} On September 30, 2009, the trial court granted the writ of mandamus on the basis that, as a matter of law, appellee’s requested appropriation was presumed to be reasonable, and that the mayor and city council had not demonstrated that appellee’s request was unreasonable or an abuse of discretion, since it was not impossible for the city to fund the request.

STATEMENT OF FACTS

{¶ 12} On February 10, 2009, the appellee submitted to the mayor a proposed budget for his office that contained a staff salary request of $879,000 and a total request of $1,079,866. This figure provided an across-the-board one-dollar-per-hour raise to his employees. The pay increase was instituted following a meeting that took place in 2006 between the appellee and the director of human resources for the city of Mansfield. Appellee sought at that time to bring the salaries of his employees in line with the salaries of city workers in comparable positions. The parties discussed a possible pay increase that would improve the compensation of deputy clerks without placing undue stress of the city’s budget. The one-dollar-per-hour increase for the 2009 budget year was the culmination of a three-year graduated increase in compensation begun following the appellee’s 2006 consultation with the city’s director of human resources.

{¶ 13} On February 17, 2009, the mayor proposed a budget that showed a reduction of 40 percent in appropriations to be allotted to select city departments, including the clerk of court. On February 19, 2009, appellee submitted a revised budget proposal to the mayor that was broken down as follows:

Salary $ 96,986
Staff Salary 856,000
Longevity 28,400
Training 5,000
Jury 500
Supplies 70,000
TOTAL $1,056,886

(¶ 14} The actual expenditures of the clerk’s office in 2008 were as follows:

Salary $ 96,986
Staff Salary 790,025
Longevity 26,350
Training 4,076
Jury 157
Supplies 83,117
TOTAL $1,000,710

[539]*539{¶ 15} Built into the 2009 salary request was an anticipated $56,000 1 retirement-benefit payout to a deputy clerk who was scheduled to retire in November 2009. Discounting this one-time payment, at best, the appellee’s 2009 salary request was an increase of only $9,975 over his salary expenditures for 2008.

{¶ 16} On March 11, 2009, a proposed budget was submitted to city council that reflected a reduction of 30 percent in the total appropriations to the appellee. This proposed budget allotted the appellee a total appropriation of $697,336. The final version of the budget, as presented to council, on March 25, 2009, allotted the sum of $697,336 for the operation of the appellee’s office. Council approved this budget on March 31, 2009.

{¶ 17} On April 17, 2009, appellee submitted a modified budget request that contained a staff salary request of $823,514 and a total request of $995,000. That modified request was never acted upon and the total appropriations allotted to the clerk of court for 2009 remained at $697,336. On May 13, 2009, this writ of mandamus action was filed.

STANDARD OF REVIEW

{¶ 18} The appellant contends that this court’s review of the trial court’s grant of the writ is de novo. See Cincinnati Entertainment Assocs., Ltd. v. Bd. of Commrs. (2001), 141 Ohio App.3d 803, 809-810, 753 N.E.2d 884. We disagree.

{¶ 19} The case at bar involves a mixed question of law and fact. A standard of reasonableness and necessity entails a determination as to whether a clerk of municipal court abuses its discretion in requesting budgetary amounts. The reasonableness-and-necessity test seeks to maintain the respective sovereignty of each branch of government when a budget conflict arises. State ex rel. Arbaugh v. Richland Cty. Bd. of Commrs.

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Cite This Page — Counsel Stack

Bluebook (online)
929 N.E.2d 465, 186 Ohio App. 3d 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-smith-v-culliver-ohioctapp-2010.