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HomeMy WebLinkAbout99-6295 civilJANE E. BIDDLE, TREASURER OF EAST PENNSBORO TOWNSHIP Plaintiff Vo THE BOARD OF COMMISSIONERS OF EAST PENNSBORO TOWNSHIP, GEORGE A. DEMARTYN, JR. PRESIDENT, JAMES H. HERTZLER VICE PRESIDENT, DELORES J. MCALISTER, CHARLES E.- YOHE, JR., ALICIA D. · STINE, ROBERT L. GILL, · MANAGER OF EAST · PENNSBORO TOWNSHIP, · Defendants · · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · · · ' NO. 99-6295 CIVIL TERM · · · · · ' CIVIL ACTION- LAW IN RE' ACTION FOR MANDAMUS BEORE GUIDO, J. AND NOW, this ORDER OF COURT ]~q day of NOVEMBER, 2000, after careful review of the record and the briefs submitted by each of the parties, plaintiff's request for a writ of mandamus is GRANTED. Defendant Board of Commissioners of East Pennsboro Township is directed to add plaintiff's name, in her capacity as township treasurer, as a required signature on all township accounts from which disbursements may be made. Edward E. Guido, J. Richard C. Snelbaker, Esquire For the Plaintiff Michael R. Kelley, Esquire For the Defendant :sld JANE E. BIDDLE, TREASURER OF EAST PENNSBORO TOWNSHIP, · Plaintiff · Vo THE BOARD OF COMMISSIONERS OF EAST PENNSBORO TOWNSHIP, GEORGE A. DEMARTYN, JR. PRESIDENT, JAMES H. HERTZLER VICE PRESIDENT, DELORES J. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 99-6295 CIVIL TERM · · · CIVIL ACTION- MANDAMUS MCALISTER, CHARLES E.: YOHE, JR., ALICIA D. : STINE, ROBERT L. GILL, : MANAGER OF EAST : PENNSBORO TOWNSHIP : IN RE' ACTION FOR MANDAMUS BEFORE GUIDO, J. ,OPINION AND ORDER OF COURT Plaintiff has filed this action in Mandamus seeking to have the defendants (all of the Commissioners of East Pennsboro Township and the Township Manager) comply with Section 804 of the First-Class Township Code.~ After commencement of the trial on this matter, the parties agreed to the following stipulated facts: 1. The Plaintiff, Ms. Biddle, is a duly elected township treasurer of East Pennsboro Township, a first class township. 2. She is not a required signatory on all township accounts, but she is an authorized signatory on all township accounts. 3. Township funds are being expended for the Payment of bills and other township debts without her signature and/or determination that the expenditures have been approved in accordance with Section 804 of the First Class Township Code. 153 P.S. § 55804 99-6295 CIVIL TERM 4. The Defendants have offered to make available the checks and paperwork necessary to be reviewed to determine that the expenditures have been properly approved. However, these items are available to Plaintiff only in the Defendants' offices, and Plaintiff has been prohibited from taking the checks and paperwork to her office for review and signature. In addition to the above, it was agreed that the testimony of plaintiff as well as various exhibits of the parties would be made part of the record. DISCUSSION Mandamus is an extraordinary remedy used to compel performance of a ministerial act or a mandatory duty. Bums v. Board of Directors of Uniontown School District, 748 A.2d 1263, 1268 (Pa. Commw. 2000). A writ in mandamus may issue only where there is a clear legal right in the plaintiff for performance of the ministerial act or mandatory duty, a corresponding duty in the defendant to perform the ministerial act or duty and no other appropriate remedy available. Equitable Gas Co. v. City of Pittsburgh, 507 Pa. 53, 57-58, 488 A.2d 270, 272 (1985). Applying the above law to the case at bar, we are satisfied that plaintiff is entitled to relief as to defendant East Pennsboro Township Board of Commissioners.2 The duties and responsibilities of first class township treasurers are specifically set forth in Sections 803 and 804 of the First Class Township Code as follows' § 803 Accounts to be kept by treasurer Every township treasurer shall take charge of all township moneys from all sources, and promptly deposit the same in a bank, banking institution or trust company in the name of the township, and keep distinct accounts of all sums received from taxes and other sources, which accounts shall at all times be open to the inspection of the commissioners and township auditor or controller. He shall annually state his accounts, 2 Plaintiff is not entitled to relief against the Commissioners individually or as to the Township Manager. 99-6295 CIVIL TERM and lay the same, together with the books and the vouchers, before the township auditors or controller for audit. (emphasis added) § 804 Payment of moneys on orders The township treasurer shall pay out the moneys coming into his hands only on orders, numbered in the order of their issue, signed by the president or vice president and attested by the secretary or assistant secretary of the board, and designating the appropriation out of which the orders shall be paid .... Any township treasurer who shall pay out moneys in his hands except upon such orders, or shall pay out moneys in excess of the appropriation, shall be allowed no credit in the settlement of his accounts for the sum or sums so paid out, nor shall he have any claim or right of action against the township therefor. (emphasis added) 53 P.S. § 55803 and {}55804. It is clear from the above that the treasurer has the responsibility to receive and disburse all township funds. Defendant Board of Commissioners argues that it has added the plaintiff's name to all township checking accounts as an authorized signatory. It further argues that it has made checks and bills available for her review and signature in the township administration offices. The argument continues that there is nothing in the First Class Township Code that dictates where the bills are to be reviewed or the checks are to be signed. Therefore, the Board concludes, mandamus is not appropriate. Plaintiff counters that it took the Board several months after her request to add her name to the checking accounts. Further, she contends that the Board has no authority to set conditions as to where or when she may review bills and sign checks. For those reasons she argues that mandamus is both appropriate and necessary. Frankly, we agree that there is nothing in the First Class Township Code which dictates where or when the treasurer is to review bills or sign checks. However, neither is there authority for the Commissioners to set conditions regarding where or when the 99-6295 CIVIL TERM treasurer is to perform her duties. Therefore, mandamus is not appropriate in connection with that particular issue.3 However, the Board's practice of disbursing funds without the express authorization of the treasurer clearly runs contra to the provisions of the First Class Township Code. Article XVII of the Code sets forth the powers and duties of first class townships in the area of"Finance and Taxation." 4 Section 1708 specifically provides' § 56708. Disbursements to pay indebtedness All disbursements in discharge of township indebtedness duly incurred shall be made by the township treasurer or his deputy, by virtue of warrants or orders drawn on him by the order of the board of township commissioners, signed by the president or vice president and attested to by the secretary or assistant secretary of the board. The board shall prescribe, by ordinance, the manner in which bills for township indebtedness shall be approved for payment. (emphasis added) 53 P.S. § 56708. Since plaintiff has no authorized deputy, all township bills must be paid by her. Therefore, it follows that no account may be maintained for the disbursement of township funds unless the treasurer is listed thereon as a required signatory. It is this ministerial act to which the right and duty are clear. Since there is no other appropriate remedy we will issue the order that follows.~ 3 It should be noted that the township administration offices are in the same building as, and just down the hall from, the treasurer's office. The township cites security as a concern for not allowing tl~e checks to leave the administration offices. This argument is not persuasive in light of the fact that the treasurer is ultimately responsible to receive, disburse and account for all township funds. Plaintiff argues that she is a one person operation and is required to leave her office unmanned in order to go to the administration office to review bills and sign checks. The problems do not appear to be insurmountable on either side. The old adage of"where there's a will, there's a way" comes immediately to mind. 4 53 P.S. 56701 et seq. 5 It is obvious that our order does nothing to solve the stalemate between the parties as to the location and timing of plaintiff's review and signing of bills and checks. The parties should end their petty bickering and set aside partisan politics to reach a resolution of this relatively minor and easily solvable problem. 99-6295 CIVIL TERM ~ ~ ORDER OF COURT AND NOW, t~day of NOVEMBER, 2000, after careful review of the record and the briefs submitted by each of the parties, plaintiff's request for a writ of mandamus is GRANTED. Defendant Board of Commissioners of East Pennsboro Township is directed to add plaintiff's name, in her capacity as township treasurer, as a required signature on all township accounts from which disbursements may be made. By the Court, Richard C. Snelbaker, Esquire For the Plaintiff Is~ Edward E. Guido Edward E. Guido, J. Michael R. Kelley, Esquire For the Defendant :sld