State ex rel. Schuerman v. Ripley County Council, No. 1-179A24

Docket NºNo. 1-179A24
Citation395 N.E.2d 867, 182 Ind.App. 616
Case DateOctober 29, 1979
CourtCourt of Appeals of Indiana

Page 867

395 N.E.2d 867
182 Ind.App. 616
STATE of Indiana ex rel. John P. SCHUERMAN, Prosecuting
Attorney for the 80th Judicial Circuit of Indiana,
Appellant-Relator,
v.
The RIPLEY COUNTY COUNCIL, Robert Behlmer, President, Paul
Voss, Ralph Dunbar, Joe Becker, Herbert Aufderheide, Charles
Baylor, George Ammerman, Members, and Gerald Asche, Auditor
of Ripley County, Appellees-Respondents.
No. 1-179A24.
Court of Appeals of Indiana, First District.
Oct. 29, 1979.

[182 Ind.App. 617]

Page 868

John P. Schuerman, Versailles, for appellant-relator.

John D. Gay, Gay & Gay, Versailles, for appellees-respondents.

ROBERTSON, Judge.

This appeal arises out of the trial court's judgment refusing to mandate the Ripley County Council (Council) and Auditor to appropriate funds to compensate the Ripley County prosecuting attorney's investigator for the last nine months of 1978. We reverse and remand.

The facts, briefly stated, are that the Ripley County prosecutor requested funds for a prosecutor's investigator position in his 1978 budget. The investigator had been employed in this capacity since 1973. The Council refused to appropriate the funds and the investigator terminated his employment on March 31, 1978. The prosecutor commenced this mandate action to compel the Council to fund the position. The trial court denied the request and the prosecutor brings this appeal.

As shown by a memorandum filed with the judgment, the trial court concluded that under Brown v. State ex rel. Brune, (1977) Ind.App., 359 N.E.2d 608, the County Council had discretion to determine whether the investigator's position was necessary, and therefore, the court was limited in reviewing the Council's action. Although Ind. Code 33-14-6-1 provides that the Council can not unilaterally reduce the number of investigators or their compensation without the prosecuting attorney's permission once an investigator is approved and hired, the trial court also concluded that the request for funds was, in effect, a first request which would require the Council's approval under IC 33-14-6-1. The trial court made this first request determination, in spite [182 Ind.App. 618] of the fact that the investigator had been continuously employed since 1973, because the County for the first time had to fund the position entirely itself instead of using primarily federal funds.

We first set out the relevant statutes.

IC 33-14-7-2 provides in pertinent part:

There shall also be appropriated annually by the various county councils . . . for investigators . . ., an amount as may be necessary for the proper discharge of the duties imposed by law upon

Page 869

the office of the prosecuting attorney of each judicial district.

IC 33-14-6-1 provides:

The prosecuting attorney of any judicial circuit of this state is hereby authorized to appoint one or more investigators with the approval of the county council or councils, who work under the direction of the prosecuting attorney and whose duties shall be to conduct such investigations and assist in the...

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9 practice notes
  • Adult Group Properties, Ltd. v. Imler, No. 48A02-8604-CV-124
    • United States
    • Indiana Court of Appeals of Indiana
    • March 24, 1987
    ...it does. Van Orman v. State (1981), Ind.App., 416 N.E.2d 1301, 1305; State ex rel. Schuerman v. Ripley County Council (1979), Ind.App., 395 N.E.2d 867, B. The Covenants Prevail A careful reading of IC 16-13-21 demonstrates a legislative intent to treat cases where business enterprises seek ......
  • New Trend Beauty School, Inc. v. Indiana State Bd. of Beauty Culturist Examiners, No. 49A02-8602-CV-55
    • United States
    • Indiana Court of Appeals of Indiana
    • February 3, 1988
    ...383; Van Orman v. State (1981) 3d Dist. Ind.App., 416 N.E.2d 1301; State ex rel. Schuerman v. Ripley County Council (1979) 1st Dist., 182 Ind.App. 616, 395 N.E.2d 867. The act is wholly silent upon the matter of judicial stays, unlike the provisions in other statutes such as I.C. 36-9-27-10......
  • Williams v. State, No. 1-880A220
    • United States
    • Indiana Court of Appeals of Indiana
    • January 27, 1981
    ...harmonize and give effect to each, because they are in pari materia. State ex rel. Schuerman v. Ripley County Council, (1979) Ind.App., 395 N.E.2d 867. In re-enacting reckless homicide, it is presumed that the legislature, even though removing it from IC 9-4-1-54, intended the statute to be......
  • Grisell v. Consolidated City of Indianapolis, No. 2-880A268
    • United States
    • Indiana Court of Appeals of Indiana
    • September 8, 1981
    ...what a statute does not say as it is to recognize what it does." State, ex rel. Schuerman v. Ripley County Council, (1979) Ind.App., 395 N.E.2d 867. Further, the legislature has authorized the Chief to design the directives according to which the Board of Captains hearing is to be conducted......
  • Request a trial to view additional results
9 cases
  • Adult Group Properties, Ltd. v. Imler, No. 48A02-8604-CV-124
    • United States
    • Indiana Court of Appeals of Indiana
    • March 24, 1987
    ...it does. Van Orman v. State (1981), Ind.App., 416 N.E.2d 1301, 1305; State ex rel. Schuerman v. Ripley County Council (1979), Ind.App., 395 N.E.2d 867, B. The Covenants Prevail A careful reading of IC 16-13-21 demonstrates a legislative intent to treat cases where business enterprises seek ......
  • New Trend Beauty School, Inc. v. Indiana State Bd. of Beauty Culturist Examiners, No. 49A02-8602-CV-55
    • United States
    • Indiana Court of Appeals of Indiana
    • February 3, 1988
    ...383; Van Orman v. State (1981) 3d Dist. Ind.App., 416 N.E.2d 1301; State ex rel. Schuerman v. Ripley County Council (1979) 1st Dist., 182 Ind.App. 616, 395 N.E.2d 867. The act is wholly silent upon the matter of judicial stays, unlike the provisions in other statutes such as I.C. 36-9-27-10......
  • Williams v. State, No. 1-880A220
    • United States
    • Indiana Court of Appeals of Indiana
    • January 27, 1981
    ...harmonize and give effect to each, because they are in pari materia. State ex rel. Schuerman v. Ripley County Council, (1979) Ind.App., 395 N.E.2d 867. In re-enacting reckless homicide, it is presumed that the legislature, even though removing it from IC 9-4-1-54, intended the statute to be......
  • Grisell v. Consolidated City of Indianapolis, No. 2-880A268
    • United States
    • Indiana Court of Appeals of Indiana
    • September 8, 1981
    ...what a statute does not say as it is to recognize what it does." State, ex rel. Schuerman v. Ripley County Council, (1979) Ind.App., 395 N.E.2d 867. Further, the legislature has authorized the Chief to design the directives according to which the Board of Captains hearing is to be conducted......
  • Request a trial to view additional results

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