MAHONING COUNTY Judge orders officials to court over budget

The issue is a shortage of funds for public employee retirement contributions.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County's commissioners and probate judge are again at odds over budgetary issues.
Judge Timothy P. Maloney of probate court has ordered commissioners to appear before him Thursday afternoon and explain why they have not complied with a court order he handed down June 5. County Administrator Gary Kubic and budget director Elizabeth Sublette are also ordered to appear.
The bone of contention is what the judge says was an unauthorized transfer of money by commissioners to cover the probate court's contributions to the state retirement system for its employees.
In court documents, Judge Maloney said a court staff member informed him some weeks ago that the court had spent some $523 more for the Public Employees Retirement System, or PERS, than had been budgeted at the beginning of the year. The judge refused to transfer money to the PERS account from other accounts, and ordered commissioners to provide him with more funding.
Instead, commissioners transferred more than $12,000 from a probate court miscellaneous expenses account to the PERS account. Judge Maloney said in court documents that the move was made without his approval.
In the June 5 court order, the judge demanded that commissioners restore the money that had been transferred and provide him with enough money to cover PERS expenses.
When that wasn't done, Judge Maloney issued an order July 17 for commissioners, Kubic and Sublette to appear at Thursday's hearing and explain why they should not be held in contempt of court.
Reasoning
Kubic said when the PERS bills came due and there was not enough money in the account to pay them, Judge Maloney was advised to transfer money from other accounts. When he didn't do it, commissioners' employees transferred the money so the bills could be paid.
He said giving Judge Maloney more money to cover PERS bills would be an increase in his appropriation, and that's already the subject of a court battle between commissioners and Judge Maloney.
Commissioners allocated $750,000 for probate court operation this year, which is about $172,000 less than Judge Maloney had requested. When commissioners would not agree to provide the additional money, Judge Maloney filed a lawsuit against them with the Supreme Court.
Judge Theresa Dellick of juvenile court, whose budget also was reduced by commissioners, is also suing commissioners for more money.
Prosecutor Paul Gains, who represents commissioners, filed a motion Monday afternoon asking that Judge Maloney dismiss the complaint against commissioners.
"The judge has chosen his forum," Gains said. "He filed a lawsuit in the Supreme Court and this case is already pending there."
Judge Maloney declined to comment, citing ethics rules that prohibit judges from talking about pending cases. However, in his June 5 order he says the PERS issue is separate from the overall budgetary issue.
Gains' motion also asks that if Thursday's hearing goes forward, Judge Maloney step aside from hearing it since Gains intends to call him as a witness.
bjackson@vindy.com