GALION, Ohio – A brand new aerial fire truck for the city of Galion’s fire department has not yet made it home to Galion due to the refusal of the city’s treasurer to sign the purchase check. City officials are questioning the legality of the treasurer’s delay.
Galion City Treasurer Paula Durbin said in a press conference on Tuesday she has repeatedly asked for the documentation supporting the $695,000 purchase of the aerial fire truck from Sutphen Corporation – specifically, the ordinance from the city authorizing the safety service director to enter into a contract and the fiscal officer certificate certifying that funds were available, appropriated and encumbered for the purchase of the fire truck.
“Even though I have repeatedly asked for all the documentation to support that this $695,000 was a proper expenditure of public funds, as of today I have not received the requested documentation,” said Durbin. “I am just one of the city officials in this checks-and-balances system of city government – unfortunately, I seem to be the only watchdog of public funds.”
Galion Law Director Thomas Palmer stated on Tuesday the city received an official public records request from Durbin on Monday, Aug. 3. Until yesterday, he said, approximately 10 emails with at least six different questions have been sent to various public officials but no official records request.
“Paula has made an official public records request for that very information, and we will be responding to her,” said Palmer.
However, Palmer stated that requesting the supporting documentation for a check is outside of Durbin’s job description as the city’s treasurer.
“She does not have the duty to investigate the checks that are before her,” said Palmer. “When she asks a question about where did this come from, that’s not part of her job description.”
According to Ohio Revised Code Section 733.44 pertaining to the powers and duties of a treasurer, “funds shall be disbursed by the treasurer on the order of any person authorized by law or ordinance to issue orders therefor [sic].”
“It’s my opinion she cannot refuse to sign the check, strictly from a legal point of view,” said Palmer. “She does not have the discretion of whether or not to sign; it’s what’s referred to as a ministerial duty.”
It’s an opinion shared by Galion Mayor Tom O’Leary.
“If she had concerns about it she needed to express it to council and other people at that appropriate time,” said O’Leary. “Now, she has an obligation to sign it. She’s outside the discretion of her job.”
O’Leary explained the purchase of an aerial fire truck for the Galion fire department has been in the works since 2013, when Galion City Council approved the purchase of a new fire truck through state appropriations. The city entered into a contract for the purchase of the fire truck in August 2014.
“This has been known, and if there were issues or concerns about the purchase of the vehicle to begin with, or how it was purchased and whether there were procedural missteps, there were weeks and weeks to voice concerns, said O’Leary.
“The person who is now trying to cast themselves as the watchdog sat while that process was going on. To say she wasn’t knowledgeable is a sad admission – and then everyone who has been working for this and known about this reacts negatively to this rug-pulling treatment.”
Durbin stated on Tuesday, “The fire truck contract was not properly handled from the beginning, but it was not until last week when the check came before me that I had any involvement in the process.”
“The problem with this fire truck contract transaction was created by the safety service director, the city auditor and the council, not the city treasurer,” said Durbin.
Durbin also stated on Tuesday the city of Galion has used mutual aid with Bucyrus and Springfield Township in Ontario for fire protection in Galion, and she believes the city can continue to do so while the fire truck issue is being resolved. Galion Fire Chief Phil Jackson stated on Tuesday this is not enough.
“We’ve relied on mutual aid from Bucyrus and Springfield and that’s been helpful, but you do stand quite a delay,” said Jackson. “The city has seen a need for an aerial truck for quite some time. The time we should procure this is now.”
Durbin alleges that the August 2014 purchase agreement was entered without an ordinance from Galion City Council and without a fiscal officer certificate certifying the funds were available, appropriated and encumbered for the purchase of the truck. She also alleges Galion City Auditor Brian Treisch did not issue a purchase order until July 2015.
“Ohio Revised Code is clear on this subject – if the city entered into a contract without the fiscal officer certificate, that contract is void and no check or warrant can even be issued,” said Durbin.
Ohio Revised Code 5705.41 states that a contract involving the expenditure of money…need be signed only by the subdivision’s fiscal officer,” and that “every such contract made without such a certificate shall be void, and no warrant shall be issued in payment of any amount due thereon.”
“I can’t knowingly sign a check for an illegal expenditure because that’s not what I’m all about, that’s not being a good public official for the citizens,” said Durbin. “I’m just doing my job and following the law.”
Dan Tierney, spokesperson for the Ohio Attorney General’s office, stated in an email: “I cannot comment directly on this situation, but the Ohio Supreme Court ruled in City of Reynoldsburg v. Banks that ‘the warrant submitted to [the treasurer] for [their] signature having been specifically authorized by an ordinance of city council and being regular and valid on its face, [the treasurer] was required by law to sign it. Payment is, therefore, a ministerial duty of [the treasurer].’”
Palmer has since considered a writ of mandamus against Durbin – a request that the court issue an order that requires a public official to do something that they’re required to do under the law, including the signing of a check.
“It’s something I could have done, but I am choosing to participate in the rectifying of any deficiencies that may or may not have existed,” said Palmer.
Palmer stated on Tuesday he was uncomfortable discussing whether the documents requested by Durbin existed. Richland Source has requested minutes from Galion City Council where the purchase of a fire truck has been discussed, but did not receive a reply as of press time.
Galion City Council will meet in a special session on Wednesday, Aug. 5 at 5:30 p.m. where, Palmer says, everything will be put into order. He noted the city has the authority to enter into a new purchase contract for the fire truck if necessary.
“If it’s not in order it’s going to be put in order. That’s what that council meeting will be all about – not addressing allegations, just putting things in order,” said Palmer. “I am in the process of evaluating everything.”
In the meantime, Galion’s completed fire truck will sit in wait.
“It’s been done since July 18, Thursday was our final inspection and pick up before we got the note in the morning that [Durbin] wasn’t signing [the check],” said Jackson. “It’s sitting down there and ready to go.”
