541 N.E.2d 483 | Ohio Ct. App. | 1988
In this original action in mandamus, the relator, Tele-Communications, Inc., seeks to compel the respondent county auditor to issue a certificate and warrant for the payment of relator's fee for installing telecommunications equipment and wiring for the Cuyahoga County Department of Human Services.
After receiving contract bids on telecommunications equipment and wiring from various contractors, the board of county commissioners adopted a resolution awarding the contract to relator on July 6, 1987. Contract documents were forwarded to the respondent's office in compliance with the language of R.C.
Pursuant to R.C.
Respondent's contention would afford *50 to the county auditor, at the certification step in the process, the discretionary power to review and possibly veto all actions taken by the board of county commissioners in adopting resolutions awarding contracts. However, the statutory language spells out that the county auditor's duty is to certify that funds required to meet the obligations are available. Although acting out of the best of motives, the county auditor is not called upon to pass upon the merits or the appropriateness of the awards made by the board of county commissioners.
Thus, relator's petition in mandamus requiring the respondent to certify whether funds have been encumbered for telecommunications equipment and wiring is granted.
Relator further contends that this court should order the respondent to issue a warrant for the payment of relator's claim against the county.
R.C.
"* * * The auditor shall not issue a warrant for the payment of any claim against the county, unless it is allowed by the board of county commissioners, except where the amount due is fixed by law or is allowed by an officer or tribunal so authorized by law. * * *"
Relator's contention that the respondent has a ministerial duty to furnish a warrant at this juncture is fundamentally flawed because the board of county commissioners had not fully entered into a binding contract signed by the commissioners and conforming to the requirements of R.C.
After full consideration of the merits and the respective motions for summary judgment, the writ is granted in part and denied in part. Respondent is ordered to comply with R.C.
Judgment accordingly.
PATTON and DYKE, JJ., concur.