Depault v. Paine
| Decision Date | 17 June 1987 |
| Docket Number | No. 85-345-A,85-345-A |
| Citation | 526 A.2d 858 |
| Parties | Raymond DEPAULT v. Claudette A. PAINE. |
| Court | Rhode Island Supreme Court |
This case comes before us on appeal by the director of finance of the town of Lincoln from a judgment entered in Superior Court pursuant to a complaint for mandamus ordering the defendant, Claudette A. Paine, to pay the plaintiff the sum of $8,400. We affirm. The facts in the case are as follows.
The plaintiff, Raymond Depault (Depault), was formerly employed by the town of Lincoln as highway superintendent. After leaving his employment with the town, he submitted a claim to the town council for accumulated sick leave, overtime pay, and longevity pay. This claim totaled $12,710. The claim was considered by the town council, and on July 24, 1984, the council approved a payment in the amount of $8,400 in settlement of the Depault claim. In approving this proposed settlement, the council was acting pursuant to the provisions of G.L. 1956 (1980 Reenactment) § 45-15-5, which provides as follows.
"Every person who shall have any money due him from any town or city, or any claim or demand against any town or city, for any matter, cause or thing whatsoever, shall take the following method to obtain the same, to wit: Such person shall present to the town council of the town, or to the city council of the city, a particular account of his claim, debt, damages or demand, and how incurred or contracted; which being done, in case just and due satisfaction is not made him by the town or city treasurer of such town or city within forty (40) days after the presentment of such claim, debt, damages or demand aforesaid, such person may commence his action against such treasurer for the recovery of the same."
However, the finance director of the town declined to pay the amount awarded by the council upon the instructions of the town administrator, who was apparently of the opinion that Depault was not entitled to the amount which he claimed. After learning that the finance director (whose duties included those normally exercised by a town treasurer) would not honor the council's order of payment, Depault filed an action in the Superior Court seeking relief by complaint for mandamus, alleging that the finance director was required as a ministerial officer to pay the amount as ordered by the council. A Superior Court justice entered judgment for mandamus pursuant to the complaint and this appeal ensued.
The defendant argues in support of her appeal that her refusal to make payment was based upon the fact that this is a disputed claim and that the amount ordered to be paid by the town council was not justified on the basis of an examination of Depault's employment record in light of the ordinances in force at that time in the town of Lincoln. She further relies upon two opinions rendered by this court that indicated that mandamus would not lie in a situation in which a town treasurer declined to pay a claim that had been authorized by a town council. Foster v. Angell, 19 R.I. 285, 33 A. 406 (1895); Simmons v. Davis, 18 R.I. 46, 25 A. 691 (1892).
It is also of note that in the case of Burdick v. Richmond, 16 R.I. 502, 17 A. 917 (1889), this court, in interpreting Pub. Stat. 1882, ch....
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Ims v. Town of Portsmouth
...of plaintiff's allegations and determined that settlement was not appropriate. The plaintiff relies on language from Depault v. Paine, 526 A.2d 858, 860 (R.I.1987), in which we noted that when confronted with a claim under § 45–15–5, the town council “may consider whether a claim should be ......
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Scolardi v. City of Providence
...claims, demands or charges against the city, and approve the same only if proper, legal and correct." In a similar case, Depault v. Paine, 526 A.2d 858 (R.I. 1987), the finance director for the Town of Lincoln, upon the instruction of the town administrator, declined to pay a former town em......