90 Pa. Commw. 130 | Pa. Commw. Ct. | 1985
Opinion by
Before this Court are the preliminary objections of the Treasurer of the Commonwealth /¡State Treasurer) to the amended petition for review of Jane Nason, Harry Nason, and Ralph Brenner (Petition
The amended petition for review alleges that the Mental Health and Mental Retardation Act of 1966, Act of October 20, 1966, Special Sess., P.L. 96, as amended, 50 P.S. §§4101-4704 (Act) confers upon mentally retarded residents of the Commonwealth who have been accepted and are awaiting admission to a state facility a statutory right to funded interim care. Petitioners further allege that on or about January, 1983, Jane Nason was notified of her acceptance to such a facility but, because bed space was not available, she was placed on a waiting list; that the Commonwealth and the Department of Public Welfare, (Respondents) contrary to their statutory duties under «the Act, have refused to provide funds for Jane Nason’s interim care; that Chester County and the Mental Health/Mental Retardation Board of Chester County, (Respondents) contrary to their statutory duties under the Act, have refused to appropriate, provide and/or disburse funds for Jane Nason’s care; and, that Jane Nason’s trust has paid for the interim care causing the trust principal to become depleted. Petitioners thus seek relief in the nature of a mandamus compelling Respondents to provide, appropriate, and disburse funds for interim care for Jane Nason and-to reimburse Jane Nason and/or her trust for all ¡amounts expended in payment for her interim care. Petitioners also seek attorney’s fees.
Both the Auditor General and the State Treasurer filed preliminary objections to the petition for review,
The first preliminary objection of the State Treasurer is that the complaint, as stated, indicates an adequate remedy at law and vests subject matter jurisdiction over this matter, insofar as the State Treasurer’s alleged obligations are concerned, in the Board of Claims rather than the Commonwealth Court. See Section 7 of the ¡Act of March 30, 1811, P.L. 145, as amended, 72 P.S. §4087; Sections 1 and 4 of the Act of May 20,1937, P.L. 728, as amended, 72 P.S. §§4651-1 and 4651-4. We disagree. It is clear from the petition for review that the validity of Petitioners’ claims turns upon a determination of their rights and Respondents’ obligations under the Act. With respect to the State Treasurer, the allegations of the petition for review also specifically bring into play his general obligations in a matter such as this under Sections 1501 through 1507 of The Fiscal Code, Act of April 9, 1929, P.L. 343, as amended, 72 P.S. §§1501-1507. Thus, the matter is statutory, not contractual, and jurisdiction is properly in the Commonwealth Court, not the Board of Claims. Delaware River Port Authority v. Thornburgh, 500 Pa. 629, 459 A.2d 717 (1983); Delaware County v. Department of Public Welfare, 34 Pa. Commonwealth Ct. 165, 383 A.2d 240 (1978).
Next, the State Treasurer demurs to the petition for review averring that because said petition does not allege a failure or refusal of the State Treasurer to perform a legal duty, no cause of action is stated for which mandamus will lie against him. But in County of Allegheny v. Department of Public Welfare, 31 Pa. Commonwealth Ct. 379, 376 A.2d 290 (1977) (Allegheny I),
must be disbursed iby the State Treasurer upon warrant of the Auditor. General, issued upon the requisition of the Secretary of the Department. Unless the former two officers are joined in this action, each may in turn act so as to frustrate [plaintiff’s] attempt to collect pursuant to any writ that we may issue. A multiplicity of siiits would ensue.
Id. at 383, 376 A.2d at 292. Thus, under Allegheny I’s rationale mandamus does lie against the State Treasurer; we are of' the view, however, that this result is not desirable. There is, of course, a strong public policy concern against multiple lawsuits, a concern Allegheny I addressed. On the other hand, public policy is not well served by compelling the joinder of numerous Commonwealth officials and the resulting expenditure of time and money when such joinder is not a practical necessity.
We note that the Allegheny 1 rationale ignores the time honored presumption that public officials will
While we do not wish to subject plaintiffs such as Petitioners in the present action to litigating multiple suits, we also do not believe it is prudent to require the attendance and participation of government officials where the interest of those officials in the matter is merely speculative; the wasteful expenditure of Commonwealth resources is to foe avoided. Accordingly, we will presume that should Petitioners prevail in their claim, the State Treasurer will, upon proper
Order
Now, June 14,198.5, pursuant to the oral stipulation of the parties herein, Respondent Al Benedict, as Auditor General of the Commonwealth of Pennsylvania, is hereby ordered dropped as a party in the above captioned matter.
■The. Preliminary- Objections of Respondent, State Treasurer, relating to lack of subject matter jurisdiction and failure, to join indispensable parties are overruled. The Preliminary Objection of Respondent, State Treasurer, in the nature of a demurrer is sustained.
The basis for this involvement was the requirement under Sections 1501 and 1502 of The Fiscal Code, Act of April 9, 1929, P.L. 343, as amended, 72 P.S. §§1501-1502, that the Auditor General warrant the disbursement of any funds by a state agency, a requirement since deleted. See Philadelphia County Intermediate Unit No. 26 v. Department of Education, 60 Pa. Commonwealth Ct. 546, 432 A.2d 1121 (1981).
Powell v. Shepard, 381 Pa. 405, 113 A.2d 261 (1955).
Shapp v. Sloan, 480 Pa. 449, 391 A.2d 595 (1978).
Adams County v. Department of Public Welfare, 502 Pa. 47, 463 A.2d 1002 (1983).
The subsequent history of this case requires clarification. Allegheny I held that the Auditor General and State Treasurer were proper parties to actions such as the instant one. County of Alle
Because of our disposition of this matter we need not consider the State Treasurer’s motion for more specific pleading.