State ex rel. Parks v. The Council of the City of Omaha

277 Neb. 919, 766 N.W.2d 134 (2009)

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State ex rel. Parks v. The Council of the City of Omaha

Nebraska Supreme Court
277 Neb. 919, 766 N.W.2d 134 (2009)

  • Written by Tammy Boggs, JD

Facts

In 2000, the city council of Omaha (defendant) passed a law (section 25-9) that established and provided for the funding of a public-safety auditor. The auditor was to be responsible for reviewing public complaints about police officers or firefighters. After the initial year of funding for the position, subsequent funding for the auditor was to be accomplished through “appropriated funds in the normal city budgeting process similar to other city departments.” The city employed an auditor for a few years, until November 2006. Thereafter, the city council did not appropriate funds for the auditor position. Charles Parks and another Omaha citizens (collectively, Parks) (plaintiffs) sued the city council, seeking a writ of mandamus to command the city council to hire and appropriate funds for an auditor. The trial court denied writ relief. Parks appealed.

Rule of Law

Issue

Holding and Reasoning (Gerrard, J.)

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