Mayor plans to sue judge

The amount of floor space used by the court was called into question.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
GIRARD -- Mayor James Melfi says he'll sue municipal Judge Michael Bernard, contending the court is not paying its fair share toward the justice center.
Judge Bernard signed a journal entry Friday in which he said the court occupies 35.7 percent of the new center.
The mayor told city council Monday night that the court occupies 48 percent and that it should pay for it.
Melfi said the judge's percentage will be challenged.
Law Director Mark Standohar cannot represent the city because he represents the judge. Melfi said he will hire a lawyer.
"In essence, a tenant is telling a landlord how much rent he is willing to pay," the mayor said.
Judge Bernard was not immediately available to comment.
The mayor said the center's architect, MS Consultants of Youngstown, put the percentage the court uses at 48 percent.
Focus: Cost of the center that opened last year has become the focus.
The judge places the cost at $4.5 million, while city auditor Sam Zirafi put the price tag at $5.1 million. The difference could be part of the city's $800,000 deficit.
Judge Bernard has said the city wants the court to pay for items that are not associated with it.
The state auditor's office is conducting a review of city finances to pinpoint fiscal problems it may have and how they occurred.
Melfi also took exception to Judge Bernard's comment that the court "has not contributed 1 cent" to the deficit.
The mayor produced a report at Monday's meeting, prepared by Zirafi, that shows court expenses paid out of the city's general fund were $326,902 higher than its revenue from 1995 through 2000.
The mayor says reduction in safety forces, services and recreation could result from the deficit.
Comments: Councilwoman Kathleen O'Connell Sauline, D-2nd, called the deficit "political finger-pointing" and threats to reduce services is not a practical solution.
Sauline said there is enough blame to go around for the deficit that could reach $1 million by year's end. She noted the city has to develop a long-range plan to eliminate the deficit.
Brian Kren, D-3rd, pointed out that Melfi created four positions in the administration since he became mayor in January 2000.
Melfi has hired Frank Rich, director of safety and human services; Mark Zuppo, park and recreation director; Jerome Lambert, service director; and David Hall, part-time engineer.