YOUNGSTOWN Gillam wants colleagues to rule on paying tuition

Late legislation clearing the expenditure never made it onto council's last agenda.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- Councilman Artis Gillam Sr. will let colleagues decide whether he must repay his $2,100 police academy bill.
Council must declare the expenditure a public purpose to make it valid, Law Director John McNally IV said. If it doesn't, Gillam must repay the money or the item would become a finding for recovery against him in the city's next state audit, McNally said.
Gillam, D-1st, said Wednesday that he'll let council's finance committee decide.
Council paid tuition
Gillam had council pay the tuition for classes at the Western Reserve Police Academy. He considers the classes part of his training as a councilman. Gillam is now an unpaid reserve Mahoning County deputy sheriff.
Just before last week's council meeting, legislation was drawn up declaring the expenditure a public purpose. James E. Fortune Sr., D-6th, council's finance chairman, sponsored the item.
The late legislation never made its way onto council's agenda, however. Fortune could not be reached to comment Wednesday.
Reportedly, there wasn't enough support for the touchy item, especially considering the looming public vote on increasing the city income tax by a half-percent. Also, Gillam was out of town, and other members didn't have a chance to speak with him about the item.
Gillam said he isn't volunteering yet to repay the money because he cleared the expenditure with Fortune beforehand.
Gillam said he and three other council members -- Rufus Hudson, D-2nd, Richard Atkinson, R-3rd, and Michael Rapovy, D-5th -- all talked about attending the police academy. Only Gillam attended.
Fortune told them council would cover the tuition, Gillam said.
Procedurally, the proposed legislation either must be put on council's agenda or introduced to the finance committee. Committee support would decide if the item advances to the full council for a vote.
Democrats' group argues
In June, a local political group asked the city to seek reimbursement from Gillam. Democrats of the 17th District argued the spending was improper. Atty. Mark Belinky, club president, contends the tuition is a personal matter and unrelated to Gillam's council position.
McNally said state auditors alerted him to the item after the first of two letters from the 17th District group.
Kim Norris, a spokeswoman for the state auditor's office, said she can't comment on audits that haven't been released. An auditor's job is to check for compliance with the city's policies and note expenditures that don't, she said.
McNally said he looked at case law and determined that a declaration of public purpose was needed or Gillam would be forced to pay back the money.
The spending serves no public purpose and is a typical misuse of public funds that plagues the city and county, Belinky said. He urged council not to declare the expenditure a public purpose.
The political club and council have some recent history.
In April, the 17th Democrats went to court to stop council from giving itself -- instead of political parties -- the authority to appoint members when midterm vacancies occur. Council eventually dropped the move.
rgsmith@vindy.com