State ex rel. Teamsters Local Union No. 436 v. Board of County Commissioners

955 N.E.2d 1020, 194 Ohio App. 3d 258
CourtOhio Court of Appeals
DecidedFebruary 24, 2011
DocketNo. 94703
StatusPublished
Cited by2 cases

This text of 955 N.E.2d 1020 (State ex rel. Teamsters Local Union No. 436 v. Board of County Commissioners) 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. Teamsters Local Union No. 436 v. Board of County Commissioners, 955 N.E.2d 1020, 194 Ohio App. 3d 258 (Ohio Ct. App. 2011).

Opinions

Larry A. Jones, Judge.

{¶ 1} Respondent-appellant, the Board of County Commissioners of Cuyahoga County, Ohio (“BOCC”), appeals from the trial court’s decision to grant declaratory judgment in favor of relators-appellees, Teamsters Local Union No. 436 et al. Finding no merit to the appeal, we affirm.

{¶ 2} In November 2008, the BOCC passed a resolution authorizing eligible county employees to participate in an employee retirement-incentive plan (“ERIP”) in an effort to combat budgetary concerns. As written, the ERIP excluded only one county agency, the Sanitary Engineering Division (“SED”). The SED is a subdivision of the BOCC, created and maintained by the BOCC as an operating division of the County Engineer’s Office. But the BOCC created a separate employing unit called the “BOCC, excluding the SED” specially for the ERIP.

{¶ 3} Pursuant to the ERIP’s grievance procedure, SED employees filed a grievance challenging the BOCC’s decision to exclude the SED from participation in the ERIP. The county administrator held a hearing on the grievance and subsequently issued a decision denying the grievance request and concluding that the SED would not be allowed to participate in the ERIP.

{¶ 4} In December 2009, the relators filed the following actions in Cuyahoga County Common Pleas Court. First, the relators filed for preliminary and permanent injunctive relief against the BOCC. The relators also filed a taxpayer action pursuant to R.C. 309.13, seeking to force the BOCC to include SED employees in ERIP. The relators filed for declaratory judgment, seeking a declaration that the BOCC violated R.C. 145.297 when it authorized an ERIP for the employing unit of the BOCC but excluded SED employees from the group of employees permitted to participate in the ERIP. The relators further sought a [261]*261temporary restraining order to enjoin the BOCC from continuing to violate R.C. 145.297.

{¶ 5} The trial court granted the temporary restraining order. In January 2010, the relators filed an amended complaint seeking a writ of mandamus to compel the BOCC to allow SED employees eligible for early retirement into the ERIP.

{¶ 6} The matter proceeded to a hearing before the trial court. The trial court denied the relators’ motions for preliminary and permanent injunctive relief and the writ of mandamus but granted declaratory judgment in favor of the relators, finding that the BOCC acted unlawfully and violated R.C. 145.297 when it excluded SED employees from participating in the ERIP.

{¶ 7} The BOCC appealed and raises the following four assignments of error for our review:

I. The court erred in finding that relators had standing for a taxpayers suit.
II. The court erred in granting a temporary restraining order.
III. The court erred in finding that appellants illegally excluded relators from the early retirement incentive plan.
IV. Relators failed to exhaust their administrative remedies.1

Standing

{¶ 8} In the first assignment of error, the BOCC argues that the trial court erred in finding that the relators had standing to bring a taxpayer action. R.C. 309.12 provides that the county prosecutor may bring suit on behalf of the public to prevent the execution of a contract entered in contravention of the law. R.C. 309.13 provides that a taxpayer has standing to pursue the same action when the taxpayer’s aim is to benefit the county public as if the suit had been brought by the prosecuting attorney. Standing to bring the lawsuit, however, is not conferred by R.C. 309.13 unless "the taxpayer can demonstrate that the prosecuting attorney has been contacted in writing, has been requested to act on the public’s behalf, and has failed to act.

{¶ 9} The relators’ attorney sent a taxpayer-demand letter to the Cuyahoga County prosecutor, requesting that he “apply to a court of competent jurisdiction to recover, for the use of the County, all public moneys misapplied or illegally drawn or withheld from the County treasury to fund the [BOCC’s ERIP], or in the alternative, compel the Commissioners to extend the ERIP to employees of the [SED], and further require the Commissioners to allow ample time for any of [262]*262those employees to apply for and receive benefits of the ERIP.” The prosecutor responded, declining to file suit, stating that “all actions associated with the ERIP have been done in accordance with law.” The relators then filed their lawsuit.

{¶ 10} The BOCC argues that the relators do not have standing to bring a taxpayers’ lawsuit because they are unable to show that the action complained of has affected the relators’ pecuniary interests differently than the interests of the general taxpaying public. To support its position, the BOCC cites State ex rel. Masterson v. Ohio State Racing Comm. (1954), 162 Ohio St. 366, 55 O.O. 215, 123 N.E.2d 1. In Masterson, the Ohio Supreme Court held that “[i]n the absence of statutory authority, a taxpayer lacks legal capacity to institute an action to enjoin the expenditure of public funds unless he has some special interest therein by reason of which his own property rights are placed in jeopardy.” Id. at paragraph one of the syllabus. The BOCC maintains that the relators failed to present any evidence that they have a special interest different from the taxpaying public. We find that BOCC’s reliance on Masterson is misplaced. More recently, the Ohio Supreme Court has held that “[a] taxpayer action is properly brought only when the right under review in the action is one benefit-ting the public.” State ex rel. Fisher v. Cleveland, 109 Ohio St.3d 33, 2006-Ohio-1827, 845 N.E.2d 500, ¶ 10. See State ex rel. White v. Cleveland (1973), 34 Ohio St.2d 37, 63 O.O.2d 79, 295 N.E.2d 665, paragraph one of the syllabus; State ex rel. Caspar v. Dayton (1990), 53 Ohio St.3d 16, 20, 558 N.E.2d 49.

{¶ 11} “[A] taxpayer has standing to enforce a public right, regardless of private or personal benefit.” Cleveland ex rel. O’Malley v. White, 148 Ohio App.3d 564, 2002-Ohio-3633, 774 N.E.2d 337, ¶ 45. That being said, when the taxpayer’s aim is merely for his own benefit, no public right exists, and a taxpayer action cannot be maintained. Id. at ¶ 46. See also State ex rel. Fisher v. Cleveland, Cuyahoga App. No. 83945, 2004-Ohio-4345, 2004 WL 1846124, affirmed, 109 Ohio St.3d 33, 2006-Ohio-1827, 845 N.E.2d 500. In O’Malley, a union sued to enjoin the city from using non-electricians to perform work on a construction project. We found that since there was full compliance with the bid procedures and public safety was not a true concern, no public right was at issue; at most, the union was protecting its members’ interests in performing the work themselves. Thus, the plaintiff union lacked standing to pursue the action. But in Fisher, we found that city firefighters had standing to bring a taxpayer action challenging the city’s requirement that firefighters submit income tax returns as an initial part of residency investigations.

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Related

Schneider v. Cuyahoga Cty. Bd. of Commrs.
2017 Ohio 1278 (Ohio Court of Appeals, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
955 N.E.2d 1020, 194 Ohio App. 3d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-teamsters-local-union-no-436-v-board-of-county-ohioctapp-2011.