Home/Ohio Court of Appeals/State, Ex Rel. Ventrone v. Birkel

State, Ex Rel. Ventrone v. Birkel

392 N.E.2d 1085, 59 Ohio App. 2d 56, 13 Ohio Op. 3d 126, 1977 Ohio App. LEXIS 7103
CourtOhio Court of Appeals
DecidedAugust 31, 1977
Docket8433
StatusPublished

This text of 392 N.E.2d 1085 (State, Ex Rel. Ventrone v. Birkel) 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. Ventrone v. Birkel, 392 N.E.2d 1085, 59 Ohio App. 2d 56, 13 Ohio Op. 3d 126, 1977 Ohio App. LEXIS 7103 (Ohio Ct. App. 1977).

Opinion

Bell, J.

Delator Ash is a recipient of this county’s General Relief Assistance Program. She and some 1,500 other individuals receive a monthly cheek not exceeding -$44 and are also eligible to receive approximately $50 in federal food stamps. Medical care is available, though limited.

Mrs. Ash occupies a house, the normal monthly rental for which is $140. To date, she has managed to prevent her •eviction by paying over her entire relief check each month. The house rent does not include the payment of at least two utilities, electric (the latest bill being $10 and apparently higher than normal) and gas which reached $45 during the winter of 1976. Both utilities are now subject to turn off.

Relator says that since 1968 she has suffered from some form of cancer and as a result, she now suffers a numbness in her hands and arm. This condition makes it necessary to visit a clinic or doctor at least twice each month.

She tells us, in her complaint, that the amount received by her each month is not sufficient to maintain her ■“health and decency.”

The circumstances just related are extracted from relator’s deposition, one of the documents introduced into *58 the record by stipulation of the parties. That record also includes depositions from Mr. Birkel, director of Summit County Welfare and respondent here, Mr. Don Stephens,, who (along with his fellow county commissioners) is also-a respondent, and others of experience and expertise in the area of county welfare.

Relators bring this original action in mandamus as a class action. They ask that, under Civ. R. 23(C), we certify a class constituted of those presently drawing general relief and those who will do so in the future.

Relators further request such orders as are necessary to oblige respondents to provide relators with such forms-of relief as are necessary to maintain each relator’s health and decency according to the mandate of state statutes.

Discussion

The phrase “poor relief,” as used to define the public’s desire to care for those less fortunate in circumstances than the majority, has its roots in Elizabethan England. Care for the poor has always been a source of anguished concern in our society as our population, particularly our urban population, has expanded and our material costs-of existence have risen.

The relief mentioned in the Ohio statute (R. C. Chapter 5113) relates to general or poor relief. Robinson v. Rhodes (N. D. Ohio), 424 F. Supp. 1183.

Poor relief is defined in R. C. 5113.01 as:

“ ‘Poor relief’ means food, clothing, public or private shelter, the services of a physician or surgeon, dental care, hospitalization, and other commodities and services necessary for the maintenance of health and decency.”

The amount of poor relief required to maintain health and decency under this chapter is the central issue of this action,

,R. C. 5113.03 states:

“Poor relief shall be given on a budgetary basis and shall be sufficient to maintain health and decency, taking into account the requirements and the income and re *59 sources of the recipient. The receipt of other forms of public assistance shall not prevent the receipt of poor relief if additional need exists.”

These relators contend that respondents are required to provide poor relief to qualified applicants or recipients residing in this county. They further argue that the amount of such relief must he sufficient to “maintain health and decency.”

The threshold question is, do respondents have a clear legal duty to comply with the request of relators? Our review of the statutes applicable here leads us to the opinion that the county commissioners and the director of Summit County Welfare are responsible for the local administration of the general relief program.

The role of respondents, in regard to that area of administration, is defined and structured as follows.

E. C. 329.02 states:

“Under the control and direction of the board of county commissioners, the county director of welfare shall have full charge of the county department of welfare. * * *”

E. C. 5113.02 states:

“In each county the county department of welfare shall exercise the powers and duties assigned to the local relief authority or the local relief director under Chapter 5113. of the Eevised Code and shall furnish poor relief to all persons who are eligible for such relief under this chapter. * * *”

In Summit County, poor relief, as we discuss it in regard to the present action, is divided essentially into two classifications, general relief and shelter allowance. The purpose of general relief is to provide food, clothing and personal, as well as incidental needs, to its recipients. The shelter allowance, as the wording implies, is meant to provide housing for all, qualifying applicants.

In determining the amount of general relief, respondents appear to have followed Section 413.2 of the Ohio Manual of Public Assistance which provides the following schedule.

*60

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Related

Robinson v. Rhodes
424 F. Supp. 1183 (N.D. Ohio, 1976)
City and County of San Francisco v. Superior Court
57 Cal. App. 3d 44 (California Court of Appeal, 1976)

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Bluebook (online)
392 N.E.2d 1085, 59 Ohio App. 2d 56, 13 Ohio Op. 3d 126, 1977 Ohio App. LEXIS 7103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ventrone-v-birkel-ohioctapp-1977.