MAHONING COUNTY Hearings set to discuss 2004 budget proposal

Judge Timothy P. Maloney disagrees with the commissioners' allocation.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The bell has rung for yet another round in the ongoing budget fight between Mahoning County commissioners and probate court Judge Timothy P. Maloney.
Commissioners have scheduled a series of public budget hearings in September and October during which officeholders are to appear and present their case for their 2004 funding. Hearings for all general-fund departments, including the courts, are being scheduled after hours and outside the courthouse to encourage public attendance.
The probate court hearing is scheduled for 7 p.m. Oct. 7 at the Boardman Township administration building. But Judge Maloney has instead issued a court order for commissioners to come before him in probate court at 1 p.m. Sept. 18.
The court document says Judge Maloney wants to hold a "meaningful hearing on the reasonableness and necessity of the court's 2004 appropriation prior to setting its budgetary orders for calendar year 2004."
Budgetary process
County Administrator Gary Kubic said he's not sure that's the proper procedure. Commissioners have handed the matter over to the county prosecutor's office for handling.
"It appears that Judge Maloney wants to cancel our budgetary process and replace it with his own," Kubic said. "I don't think that's the way the separation of powers is supposed to work."
He said Ohio law puts budgetary matters in the hands of commissioners, not judges or other officeholders.
Elizabeth Sublette, county budget director, said no other judges have demanded an in-court budget hearing instead of the commissioners' public hearing.
Kubic said it appears the hearing is a formality anyway, because the judge's order seems to indicate that he will again issue a court order for funding.
Judge Maloney could not be reached to comment.
Legal battle
The judge and commissioners have been locked in a legal battle with commissioners for most of this year over the court's 2003 budget appropriation.
Judge Maloney ordered commissioners to provide the probate court with $922,000 for this year, but they appropriated only $750,000 for the court's operation. Commissioners imposed budget cuts on all departments whose funding comes from the county's general fund, citing a stagnant revenue stream as the primary reason.
When commissioners refused to budge on their budget appropriation, Judge Maloney sued them in the Ohio Supreme Court, seeking to force them to provide the additional funding. The suit is pending, along with a similar action filed by Judge Theresa Dellick of juvenile court, who also wants more money for this year.
Commissioners already have told officeholders to brace for further cuts next year because they don't expect revenue to pick up any time soon.
bjackson@vindy.com