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J. C. LEWIS MOTOR CO., INC., et al. v. MAYOR &c. OF THE CITY OF SAVANNAH

Supreme Court of Georgia1954-05-11No. 18554
210 Ga. 591

Summary

Holding. The trial court's judgment was affirmed. The Board of Purchase acted within its authority in awarding the contract, and absent evidence of manifest abuse, fraud, or corruption, the court will not overturn the Board's discretionary purchasing decision.

A motor company challenged the city's award of a vehicle purchase contract to a Chevrolet dealer, arguing that the Board of Purchase violated multiple city code provisions. The plaintiffs claimed that the City Comptroller improperly participated in opening bids without legal authority, that only two board members were present when a three-member quorum was required, that the full Committee usurped the Board's exclusive purchasing power, and that the Supervisor of Purchases was absent in violation of record-keeping requirements. The plaintiffs also alleged they were misled about the price difference between competing bids.

The court found that all five Board members ultimately voted unanimously to award the contract, that the actual bid difference was available to board members, and that no evidence showed fraudulent or corrupt conduct by the Board. The court applied the standard that municipal boards acting within their authority will not have their discretionary decisions overturned by courts unless there is manifest abuse. Since the Board acted within its powers with no showing of arbitrary, fraudulent, or corrupt action, the trial court's finding that the Board did not abuse its discretion was proper.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether the City Comptroller had authority to participate in opening bids
  • Whether a quorum requirement was violated when fewer than three members were present at bid opening
  • Whether the Board of Purchase's exclusive purchasing authority was usurped
  • Whether a municipal board's discretionary purchasing decision may be challenged in court

Procedural posture

The plaintiffs appealed from a trial court judgment upholding the Board of Purchase's award of a vehicle purchase contract to a Chevrolet dealer.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Hawiuns, Justice.

(After stating the foregoing facts.) Only the 5th and 6th headnotes require elaboration. It is contended by the plaintiffs that City Code § 7-101, which provides for a Board of Purchase composed of five members, consisting of the Mayor, Chairman of the Finance Committee, and three other Aldermen, was violated because the City Comptroller is not by law a member of the Board of Purchase and had no right to open the bids; that City Code § 7-102, providing that a quorum of the Board of Purchase shall consist of three members, was violated because the bids were opened at a meeting of the Board of Purchase at which only two members were present; that City Code § 7-103 was violated because by it the sole and exclusive control of purchases is vested in the Board of Purchase, and gives the City Comptroller and other Aldermen and employees not on the Board of Purchase no right to participate therein, and that the Committee as a Whole usurped the prerogatives of the Board of Purchase by attempting to make an award contrary to § 7-103, which gives “sole and exclusive purchase of all supplies and materials of whatsoever nature” to the Board of Purchase; and that City Code § 7-108, which provides that the “Supervisor of Purchases shall keep a complete and accurate record of all bids submitted for all supplies, equipment, etc.,” was violated by the City Comptroller participating in the meeting in the absence of the Supervisor of Purchases.

Counsel for the plaintiffs argue that the alleged illegal acts of the City Comptroller herein enumerated resulted in injury to them by reason of certain members of the Board of Purchase later being informed that the difference in the bids amounted to $25 per vehicle, whereas the actual difference was $39.21 each. While the evidence of the Mayor and one other member of the Board of Purchase indicates that they were informed that the difference between the bids was approximately $25 per unit, the evidence further discloses that all five members of the board were present and unanimously voted on the matter, and that “the Board of Purchase were the ones who voted” to award the contract to the Chevrolet dealer. There is no evidence that the three other members of the Board of Purchase, two of whom were present when the bids were opened, were not aware of the actual difference between the two bids in question, which had been tabulated and were available to all the members.

The Supervisor of Purchases testified that he was present at the meeting when the bids were opened and “tabulated them,” and that “after opening and reading the bids they adjourned.” He further testified, “after the bids are opened I may sit in at the meeting or they may decide on the matter at a closed meeting themselves; I am not a member of the board ... I am directly under Mr. Bailey, the Comptroller; the usual procedure before they [Board of Purchase] act on a matter, it goes to the Comptroller for final verification and then in turn to me, and this procedure was followed in this case.” The City Comptroller testified: “The activities of the Board of Purchase are directly under the Comptroller . . . the Supervisor of the Board of Purchase reports to me ... I am required to attend meetings of all Committees of the Whole and all Council meetings.”

The Board of Purchase was clearly acting within the scope of its powers; no evidence was adduced to show that it acted fraudulently or corruptly in awarding the contract for the purchase of ten automobiles to the Chevrolet dealer, or that the presence of other Aldermen at the time the contract was awarded by the Board of Purchase in any way influenced its action, or injured the plaintiff. The board is a branch of the municipal government, invested with discretion in the purchase of all supplies and materials of whatsoever nature needed or required by any department of the city government. Under such circumstances the rule is that, where a municipal board is authorized to do a particular act in its discretion, the courts will not control this discretion unless manifestly abused, nor inquire into the propriety, economy, and general wisdom of the undertaking, or into the details of the manner adopted to carry the matter into execution. Chipstead v. Oliver, 137 Ga. 483, 486 (73 S. E. 576), and cases there cited. The trial judge was authorized to find that the board did not act arbitrarily, fraudulently, or corruptly, and that it did not abuse its discretion.

Judgment affirmed.

All the Justices concur.