Warwick School Committee v. Gibbons

• Decision Date: 08 February 1980
• Docket Number: No. 79-427-A,79-427-A
• Citation: 410 A.2d 1354,122 R.I. 670
• Parties: WARWICK SCHOOL COMMITTEE v. Gerald T. GIBBONS et al. ppeal.
• Court: Rhode Island Supreme Court

Page 1354

410 A.2d 1354

122 R.I. 670

WARWICK SCHOOL COMMITTEE v. Gerald T. GIBBONS et al.

No. 79-427-Appeal.

Supreme Court of Rhode Island.

Feb. 8, 1980.

[122 R.I. 677] Joseph A. Kelly, Albert B. West, Providence, for appellant.

William T. Murphy, Asst. City Sol., Warwick, for appellees.

OPINION

WEISBERGER, Justice.

This case is before us on appeal from a judgment of the Superior Court which denied a petition for mandamus brought against the defendants by the Warwick School Committee (the committee). The parties have stipulated to all facts relevant to this controversy. The most significant facts are set forth below.

For the fiscal year, February 1, 1979, through January 31, 1980, the city council of Warwick approved a budget for the school committee in the sum of $33,796,298. ¹ Of this sum, $22,557,103 were local funds raised by municipal taxes; $10,846,789 were state funds; $83,793 were federal funds; and $308,613 were derived from "other revenue." Prior to August 20, 1979, when the finance department of the city of Warwick received typed purchase orders from the school department, the purchasing agent would affix his signature by rubber stamp and return the signed purchase orders to the school department. School department representatives would then forward the purchase orders to various vendors. Correspondence beginning on August 20, 1979, between the finance director and the superintendent of schools, disclosed a concern on the part of the finance director regarding the unencumbered balance of the committee budget. The finance director refused to authorize the purchasing agent to sign purchase orders aggregating $122,973.93 unless the superintendent of schools either would certify that there was a sufficient unencumbered balance in the school committee budget to cover such purchases or would provide the finance director with information from which she could make such determination.

The superintendent of schools declined to provide the requested certification or the information from which the finance director might make a determination, on the ground that the elected school committee was not required to furnish such documentation to the finance director as a condition precedent to the approval of its purchase orders. The committee contended that, under the Warwick City Charter, it was charged by law with exclusive responsibility for the care and control of the school department, and that the finance director's function in respect to expenditures of the school department was purely ministerial. It further contended that the finance director should not be concerned with either actual or potential deficit spending by the committee. Consequently, the committee filed a complaint for mandamus in the Superior Court seeking that the finance director and purchasing agent be required to process the school department purchase orders without the imposition of any limitation or condition.

After hearing the parties upon the stipulated facts, and upon consideration of briefs and oral arguments, the trial justice determined that the committee, like all other agencies of the city, had no power to exceed its appropriation and that it was the obligation of the finance director to ascertain and certify "that there is a sufficient unencumbered appropriation balance to pay for the items to be purchased" before authorizing the purchasing agent to approve requisitions from the committee. The trial justice found that he could not determine from the stipulations and exhibits in the case whether there were in fact unencumbered funds available in the appropriation account of the committee to cover the proposed purchase orders. He held therefore that the finance director was acting in accordance with the duties imposed upon her by the charter of the city of Warwick and denied the committee's prayers for relief in its complaint for mandamus. This appeal ensued.

We note, initially, that the city of Warwick is governed under a legislative charter established by P.L. 1931, ch. 1852, and most recently revised by P.L. 1960, ch. 150, which, after enactment by the General Assembly, was approved by the electors of the city of Warwick in a referendum held in November 1960. Article IX of this charter provides for public education. Specifically, § 9-1 provides for an elected school committee which, under § 9-5, "shall determine and control all policies affecting the administration, construction, maintenance and operation of the public schools." Sections 9-8 and 9-9 of the charter provide for the submission of budget estimates and the purchase of materials and supplies by the school committee in the following terms:

"9-8. Budget estimates.

The school committee shall submit budget estimates in the same manner as city departments, but the budget estimates and appropriations shall be considered by the council in total only. The allocation of the amounts appropriated shall be determined by the school committee.

"9-9. Purchases.

The finance department of the city shall assume all the purchasing functions of the school committee, in accordance with the requisitions of the school committee, and shall purchase and distribute such supplies and materials as are required by the public schools. The costs for such supplies and materials shall be charged against the appropriation for the public schools."

Article VI of the charter established the department of finance and sets forth the duties of that department and its director. In particular, § 6-13 delineates the responsibilities of the director of finance in respect to department requisitions and purchase orders:

"6-13. Requisitions.

All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, And no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance...