MAHONING COUNTY Judge locks into his order summoning commissioners

Judge Maloney said commissioners don't need a quorum to explain themselves in court.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Judge Timothy P. Maloney isn't budging on his order for Mahoning County commissioners and their administrator to appear in probate court Friday morning.
Commissioner David Ludt and Administrator Gary Kubic must explain why they should not be found in contempt of court for not immediately complying with a court order issued by Judge Maloney.
Ludt said he's available and will appear. Kubic could not be reached to comment. Judge Maloney declined to comment because of judicial rules that prohibit judges from talking about a pending case.
What happened: The problem stems from an October entry from Judge Maloney ordering commissioners to hire a Belmont Avenue company to install new locks in the court, paid for with a court security grant from the Ohio Supreme Court. Commissioners asked him to reconsider and join with a plan to buy new locks for all doors in the courthouse and adjacent administration building.
Commissioners have hired an Akron firm, chosen through the state's consortium purchasing program.
Judge Maloney stood firm on his request, citing the fact that under Ohio law he is personally liable for the security of certain confidential records kept in the court. When commissioners still did not comply, he ordered them into court.
Gains: After commissioners approved his request last week, Prosecutor Paul Gains filed a motion asking that Friday's hearing be canceled since they are in compliance with the October court order. In the alternative, Gains asked that the hearing be postponed since Kubic and Commissioner Ed Reese will not be available.
Reese will be out of town for a previously scheduled vacation and Kubic is needed in Akron for a federal court hearing, the motion said.
Commissioner Vicki Allen Sherlock was not ordered to appear because she'd been off work for several weeks due to illness and was not part of the debate.
In his motion, Gains said Ohio law "mandates that commissioners act only with a majority of the board. Accordingly, at least two commissioners must be present" for the hearing, he said. Since Reese will be gone and Sherlock is not required to attend, there can't be a quorum.
Ruling: But in a ruling handed down Wednesday afternoon, Judge Maloney said the quorum requirement applies only when commissioners are conducting public business. Gains' argument is "irrelevant" because commissioners are summoned for a contempt hearing.
If Ludt is the only commissioner available, he'll be the only one required to appear, the order says.
"Further, the court is not persuaded regarding the unavailability of Mr. Kubic," the judge said in his ruling.
He said the contempt hearing is at 9 a.m. Friday, which would still leave Kubic time to drive to Akron for the federal hearing.
bjackson@vindy.com