612 N.E.2d 390 | Ohio Ct. App. | 1992
This action was commenced in this court with the invoking of its original jurisdiction by the filing of a complaint seeking a writ of mandamus. An answer was filed and, on January 10, 1992, an agreed statement of facts was filed. Following the receipt of briefs and oral arguments, the matter was taken under submission.
The relator, Melvin L. Yudofsky ("Yudofsky"), is an employee of the city of Cincinnati. The city, together with its city manager and its director of personnel (collectively, "respondents") have denied Yudofsky retroactive vacation credit for his prior employment with the University of Cincinnati from January 1966 to June 1981. *783
Following negotiations, extending over approximately nine months, respondents on July 26, 1991, advised Yudofsky that, pursuant to the provisions of R.C.
In his brief, relator states that only two issues remain to be resolved: (1) Do respondents owe the relator six years of retroactive vacation credit, and, if so, from what date? (2) Do respondents owe the relator reimbursement for his attorney fees?
This cause is controlled by State ex rel. Caspar v. Dayton
(1990),
Obviously, the right of the relator to have his prior public service credited in computing his vacation leave is meaningless unless he is ultimately compensated for that time. But, although respondents must compensate the *784
relator, the manner or form in which the compensation will be made is a matter within the discretion of respondents. Mandamus will lie to compel the exercise of discretion but not to control the manner in which the discretion is exercised. See State exrel. Stamps v. Automatic Data Processing Bd. of Montgomery Cty.
(1989),
The right of the relator to be reimbursed for his attorney fees is the second issue as stated by the relator. Again,State ex rel. Caspar v. Dayton, supra, is the controlling authority. This cause is not one in the nature of a taxpayer's action in which the taxpayer relator brings the action for the benefit of the public. If it were, the award of the relator's attorney fees may be statutorily authorized. See R.C.
The writ of mandamus will issue as herein specified.
Writ allowed in part.
DOAN, P.J., KLUSMEIER and HILDEBRANDT, JJ., concur.