Board of County Sup'rs, Santa Cruz County v. Rio Rico Volunteer Fire Dist.

• Decision Date: 07 April 1978
• Docket Number: No. 2,CA-CIV,2
• Citation: 119 Ariz. 361,580 P.2d 1215
• Parties: BOARD OF COUNTY SUPERVISORS, SANTA CRUZ COUNTY, Appellant, v. RIO RICO VOLUNTEER FIRE DISTRICT, Appellee. 2742.
• Court: Arizona Court of Appeals

Page 1215

580 P.2d 1215

119 Ariz. 361

BOARD OF COUNTY SUPERVISORS, SANTA CRUZ COUNTY, Appellant, v. RIO RICO VOLUNTEER FIRE DISTRICT, Appellee.

No. 2 CA-CIV 2742.

Court of Appeals of Arizona, Division 2.

April 7, 1978.

Rehearing Denied May 11, 1978.

Review Denied June 13, 1978.

E. Leigh Larson, Santa Cruz County Atty. by Roberto C. Montiel, Chief Deputy County Atty., Nogales, for appellant.

Leslie A. Gifford, Nogales, for appellee.

OPINION

HOWARD, Judge.

Appellee filed a special action in the trial court asking the court to order the board of supervisors to restore items which it had cut from appellee's budget. The trial court, after hearing testimony, ordered the board of supervisors to increase appellee's budget in the amount of $23,000, or, in the alternative, that appellee have judgment against the board in the sum of $23,000.

The facts show that pursuant to A.R.S. Sec. 9-1005(B) the appellee presented a budget estimate to the board of supervisors in the sum of $53,512. At a meeting of the board of supervisors held on July 19, 1977, the budget was reduced from $53,512 to $30,012. At this meeting Lester Babnew, the Chief of the Rio Rico Fire District, testified as to the sufficiency of the budget proposed by appellee. The board of supervisors reduced the $2,000 requested for training aids and expenses to $1,500. It also reduced a request of $18,000 for a communications network to $4,000, and eliminated the sums which were requested to lease a fire tanker truck.

Mr. William Baffert, Chairman of the board of supervisors, testified at trial that the board's decision on the budget was based solely on the testimony given to the board at meetings conducted on July 15 and July 19. He explained why the board did not give the district the money it requested for a new communications system. His explanation was based upon the testimony given to the board. Under the present communications system the base station is located at a hotel. Anyone who spotted a fire phoned the hotel which was manned by a clerk 24 hours a day, 7 days a week, and the clerk contacted people who had pagers. The hotel clerk also had a list of people to call. Furthermore, the hotel had available a radio which connected with the security system which was in operation 24 hours a day. The fire district wanted to change the location of the base station to Mr. Babnew's house. Since it was known to the board that Mr. Babnew was in the produce business, worked in Nogales and wasn't at his home all the time, the members of the board thought that it would not be right to locate the base station at his house. Based on the testimony of the witnesses, including many people who objected to the fire district's budget, the board concluded that the present system was excellent and adequate and that the district could lease/purchase additional communication systems with an expenditure of $4,000, thus expanding the present system. (This sum would purchase additional pagers.)

As far as the fire tanker truck was concerned, no one testified before the board that it was not repairable. In fact, there was an item in the budget for its repair.

At the trial, Mr. Babnew testified that he felt the budget submitted was the minimum expense needed for the following year. He did not think that their present fire pumper truck was sufficient. The trial court also permitted a Mr. Zuniga to testify as an "expert witness". He never testified before the board of supervisors. It was his opinion that the tanker truck presently owned was obsolete. This opinion was concurred in by Mr. Sheldon, the Chief of the Rio Rico Fire Department. He admitted, however, that although he did have the opportunity to appear before the board of supervisors, he did not at that time give any opinion with regard to the fire truck.

The trial court, after hearing the evidence, ruled in appellee's favor and in its final order stated:

"The case of Frye v. South Phoenix Volunteer Fire Co., 71 Ariz. 163, 224 P.2d 651, is almost on all fours with the issue in this proceeding and is authority for the statement that courts are vested with jurisdiction and power to grant relief from abuse of discretion by an administrative body. It is further the authority that in instances of this nature, where the statute relied upon is an earlier enactment of the present statute, which is Section 9-105, it (the statute) does not pretend to make the board a fact finding body upon which its judgment and discretion can be based.

The proviso in the statute vesting in the board of supervisors authority to 'modify' does not, in the Court's opinion, constitute authority to emasculate the proposed budget of the Fire District, which it had done in this instance without any substantial evidence presented to the Board to warrant such a drastic reduction. . . ."

We first turn to A.R.S. Sec. 9-1005, which sets forth the method of funding a volunteer fire district. It states:

"A. The board of supervisors shall ascertain from the current tax rolls the taxable valuation of all property within the boundaries of the territory described in the order of the board authorizing the organization of a volunteer fire district and on or before July 10 of each year shall pay into the volunteer fire district fund of such territory an amount equal to sixty cents per one hundred dollars taxable valuation from the county general fund and such payment shall not exceed forty per cent of the annual adopted budget of the volunteer fire district. The county payment computed by the above formula shall not exceed by more than ten per cent the current county contribution to the fire district or district board. Such payment shall not be less than the current county contribution to the district.

B. Not more than ten days after the perfection of the organization of a volunteer fire district, and thereafter not later than July 10 of...