Baker v. Jackson

HENDERSON, Justice.

ACTION

This is an appeal by the respondent Robert Jackson, Jr., the Auditor of the City of Murdo, from the issuance of a Writ of Mandamus directing him to call a referendum election. This referral concerns the *144Murdo City Council’s action of creating a second police officer’s position and hiring Duane Lewis to fill this position. Upon advice of counsel, Jackson refused to call an election. We affirm the trial court’s Writ directing a referendum election.

FACTS

In early 1983, Murdo City officials compiled a city budget which included enough financing for the police department to…