Knight v. State ex rel. City of East Chicago
Knight v. State ex rel. City of East Chicago
Opinion of the Court
Defendant-appellant James Knight, controller for the city of East Chicago, appeals the trial court's judgment in favor of plaintiff-appellee State of Indiana in the State's action to recover $76,276.00 in misappropriated public funds.
The facts favorable to the judgment disclose that from 1972 to 1975, Robert Pas-trick, mayor of East Chicago, directed Joseph Rakowski, superintendent of the East Chicago Sanitary District, to use public funds to purchase toasters, clocks, and other gifts for distribution to the citizens of East Chicago. The supplier of the gifts, Leonard Schaller of the L. Schaller Sales Company, submitted claims to Rakowski which falsely identified the gifts as rags, cleaning supplies, cleaning equipment, and other items more in line with purchases the sanitary district would make. After signing the claim form, Rakowski would submit the claim to the Board of Commissioners of the East Chicago Sanitary District for approval. Onee the Board approved the claim, Rakowski would submit the claim to the city controller's office for processing. During the four-year period, Schaller and Rakowski submitted 55 fraudulent claims, all of which were paid, totalling $76,276.00.
Appellant raises five issues for review; however, this Court finds the following issue dispositive: whether the trial court erred in finding appellant individually liable pursuant to IND. CODE § 18-1-6-11 (1976 Ed.)
The relevant statute, IND. CODE § 18-1-6-11, provides in pertinent part:
"Fifth. If any warrant presented to the controller contains an item for which no appropriation has been made, or there shall not be a sufficient balance of the proper fund for the payment thereof, or which, for any other cause, should not be approved, he shall not approve the same, and shall notify the proper department of the facts. And if the controller shall approve any warrant contrary to the provisions hereof, he shall be individually liable for the amount of the same to the holder thereof; and, to the extent of his bond, his sureties shall also be liable. Whenever a warrant shall be presented to him, he shall have power to require evidence that the amount claimed is justly due, and, for that purpose, may summon before him any officer, agent or employee of any department of the city, or any other person, and examine him upon oath relative to such warrant or claim. Such person so summoned shall be subject to the provisions of this act touching the examination of persons by the council, such controller having the same power as such body in relation to such examination."
Although the statute seems to impose strict liability on a controller, this Court held otherwise in State v. Newbern (1979), Ind.App., 398 N.E.2d 683, 685-686:
"We decline to hold that a controller is individually strictly Hable-regardless of the absence of fraud or malice or willful misconduct or even negligence on his part-for any and all expenditures which are after-the-fact determined to be inappropriate. Such an imposition of potential liability would make the position of controller totally unattractive to all persons except those whose ineptness in financial matters had left them with only negligible personal assets. Instead, we hold that when a controller acts in good faith, reasonably believing that he has the authority to approve expenditure of the money for the stated purpose, he will not be held individually liable for the money if the expenditure is later determined to be inappropriate."
The 55 false claims the controller's office approved represented less than 1% of the total claims the controller's office processed from 1972 to 1975.
The judgment of the trial court is reversed.
. Repealed by Acts 1982, P.L. 127, SEC. 2(b).
. State's Exhibit No. 2 discloses warrant numbers for the false claims ranging from 35329 to 62843. The difference between the two numbers is 27,514. One percent of 27,514 is 275.14.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.