YOUNGSTOWN City gives severance to ex-magistrates

The mayor credited the new judges for ending the old system and hiring one full-time magistrate.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- In the end, there was no choice.
That's why the city control board agreed Thursday to pay two former part-time magistrates a combined $30,000 in severance.
Andrew Bresko gets $19,360 in accumulated sick time, and Lynn Sfara Bruno gets $9,908.
A state auditor opinion didn't leave the city room to deny the benefits although the magistrates appeared to be part-time workers. Even they referred to their part-time status in resignation letters. Part-time city employees aren't entitled to benefits.
Decision: The court, however -- not the city -- controls its pay and benefits, auditors said. The court said the former magistrates were due the severance accumulated under other judges until the practice was stopped last year.
"It's a separation of powers issue," Mayor George M. McKelvey said. "It's their decision."
Personal opinion sometimes must give way to the law, regardless of how the issue is perceived, he said.
"I'll never understand why the [former] judges made the decision they made," he said. "Do I agree with that? No. Do I have to abide by it? Yes."
In January, McKelvey asked the state auditor's office to review the severances because of the part-time issue.
McKelvey credited the new judges for ending the system and moving to one, full-time magistrate with defined benefits. The court appointed Atty. Anthony J. Sertick.
Robert Milich, municipal court administrative judge, said he is glad the mayor recognizes progress is being made and that the issue is resolved.
Bresko resigned as of Dec. 29 and Sfara Bruno, as of Jan. 1.