MAHONING COUNTY Ruling stays hearing over court budget

Commissioners, not judges, are charged with having county budget hearings.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County commissioners didn't have to obey an order to appear today in probate court to discuss the court's 2004 budget.
The order was issued two weeks ago by probate Judge Timothy P. Maloney, but a ruling Wednesday by the Ohio Supreme Court has put the brakes on today's hearing.
Judge Maloney said in his court order that he wanted to discuss the "reasonableness and necessity" of his 2004 appropriation before setting the court's budgetary order for the year. The hearing was set for this afternoon.
Commissioners already had scheduled a series of public hearings during which county officials are to discuss their 2004 budget requests. The probate court hearing is set for 7 p.m. Oct. 7 at the Boardman Township administration building.
Judge Maloney declined to comment on the high court's ruling and said he will attend the commissioners' Oct. 7 hearing.
"And I hope they're ready to have a meaningful discussion," he added.
The arguments
When they received Judge Maloney's court order, commissioners handed the matter to Prosecutor Paul Gains, who asked the high court to block today's hearing.
In documents filed Sept. 10 with the state Supreme Court, Gains argued that Judge Maloney does not have legal standing to conduct a budget hearing. That authority belongs to commissioners, who are in charge of allocating resources, Gains wrote.
"In conducting a budget hearing, it is the obligation of the county commissioners to inquire as to what the court believes is the amount necessary for reasonable and necessary operation of the court, not for the court to question commissioners regarding the operation of the county," Gains said in court documents.
Additional case
The high court stayed the hearing in probate court pending the outcome of two lawsuits already pending before it, one of which also involves commissioners and the probate court.
Judge Maloney and Judge Theresa Dellick of juvenile court each sued commissioners early this year over their budgets. Both asked for more money than they were budgeted and are asking the high court to force commissioners to provide them with additional funding.
Ohio law allows judges to sign a court order for their budgets as long as they can prove the request is reasonable and necessary.
County Administrator Gary Kubic was pleased with the court's decision but was sorry to have been in another legal battle with the probate court.
"There is no winning when you're challenging a department within the county," Kubic said. "I don't want to create a competitive spirit."
Kubic credited the prosecutor's office for its handling of the budgetary matters.
bjackson@vindy.com