GIRARD Mayor, judge haggle over justice center

The two officials dispute the cost of the building and the space occupied by the court.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
GIRARD -- The battle over finances of the city's justice center continues and has ventured into personal territory.
The ongoing dispute between Judge Michael A. Bernard and Mayor James Melfi involves the cost of the building that opened in late 2000 and the portion of the building used by the court.
Judge Bernard issued a journal entry this week, ordering that the court's monthly payments toward a loan on the justice center be suspended.
That action followed a meeting last week of the city's financial planning and supervision commission, giving the city fiscal supervisor permission to get lower interest for the loan.
For three years, the city will pay 4.73 percent rather than 5.41 percent, a savings of $23,000. The city originally borrowed $4.1 million.
Payments: In a July 2 court order, Judge Bernard placed construction cost of the center at $4.5 million, with the court responsible for 35 percent, about $1.6 million. The order said the court would pay $9,300 monthly toward the loan and ordered the city to notify him of any changes in the loan's terms.
This week's order suspended the monthly payments, saying the court wasn't notified of the change in the loan, a violation of the July 2 order.
Usage: Melfi maintains that the building cost $5.2 million and that the court uses more than 50 percent of the building.
Melfi and some council members have said that council agreed to the construction of the justice center because the judge told them the court would pay 50 percent of the cost. Judge Bernard said that the court's portion initially was estimated at 42 percent to 45 percent, but the city increased the scale of the project, dropping his portion to 35 percent.
The judge points to a letter from the project architects that backs up his estimate. Melfi counters that the city engineer's measurements put the court's portion at about 60 percent.
He suggests that an independent architect make the call and both sides abide by the conclusion. Even if the court's portion is 35 percent, the mayor questions how the judge justifies not paying anything for the building as ordered in his latest order.
Deficit? Judge Bernard said the court operated in the black in 1997, 1998 and 1999. In 2000, the court's finances were $67,000 in the hole because there were 1,700 fewer traffic filings than the previous year, he said.
Melfi points to analysis prepared by the city auditor that shows the court's expenses exceeding revenue each year since 1995.
Judge Bernard listed several transfers he authorized from court funds to the city general fund to support the city and said he is making other changes next year to cut costs. Those changes include a wage freeze for court employees which he says will save $16,705 and removal of two probation officers from the city payroll for a savings of $97,678.
Judge Bernard contends Melfi's criticism of the court stems from two cases in front of the judge on which Melfi tried to influence him. One involved a relative of the mayor and the second involved a family member of Frank Rich, city safety director.
Judge Bernard, who wouldn't elaborate on the influence allegedly attempted, said he refused, and the second time, threw Melfi out of his office. Melfi then threatened him politically, the judge said.
"He is absolutely a liar," Melfi said. "I never threatened anyone in my 13 years here, and I never tried to influence anyone. My reputation speaks for itself, and his reputation should speak for him as well."
The mayor said he learned two days after taking office that Judge Bernard wanted to erect a $20,000 sign naming the justice center for the judge's father, a retired judge. Melfi said he doesn't support buildings named for people unless they die in the line of duty or donate substantial funds to the project.
He wouldn't support the plan, he said.
"That's what started his hatred for the city," Melfi contended.
An angry mayor said he plans to call for an investigation by the FBI, state Attorney General's office or other agency of the judge's accusations.
"If I did this, why didn't he have me arrested?" Melfi said. "Why didn't he call to have these incidents investigated?"
He said the accusations are desperate acts from a desperate man.
"I will not stand for these accusations," Melfi said.
dick@vindy.com