LAWRENCE COUNTY Sheriff forces issue of OT funds

A retired attorney also has sued the commissioners.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Lawrence County commissioners were served their second legal action in two days Wednesday.
County Sheriff Robert Clark filed a writ of mandamus action to force commissioners to "provide adequate funds to the Lawrence County Sheriff's Office for overtime."
Clark is seeking at least $10,000 for the remainder of 2004. He is also asking that commissioners be prohibited from transferring any line-item accounts within the sheriff's budget to provide additional funds to the sheriff's office.
Last month, commissioners transferred money from Clark's travel and training line item to cover his overtime costs. He was not consulted before the move.
Clark has said that there were outstanding travel bills for Deputy Sheriff Chris Hall that are due to be paid this week and were expected by his department when commissioners made the transfer.
Budget depleted
Clark's overtime budget was depleted in July when deputies were called out numerous times after regular working hours to transport Lawrence County Jail inmates to the Jameson Hospital emergency room.
Commissioners, who are facing a $1.3 million to $1.6 million deficit by year's end, have told all county offices that they must pay any extra expenses within their own budget.
Commissioner Steve Craig said he thinks Clark's order is a mistake.
"If he would like us to take actions necessary to find money within his budget, we are fully willing and able to do that," Craig said.
The sheriff's mandamus action was the second set of legal papers served on commissioners this week.
Lawsuit
On Tuesday, they received a lawsuit filed by retired attorney Richard Audino.
Audino contends that commissioners should exert more control over other county officials not performing their duties.
His lawsuit wants commissioners to comply with Section 1701 of the Pennsylvania County Code, which says commissioners shall be responsible managers and administrators of fiscal affairs.
Audino contends in his lawsuit that elected officials were put in place to perform duties and not there to let deputies or clerks perform all the work.
"Each officer was elected to be the Controller, Treasurer, etc.. and not merely bear the title and receive a monthly check," Audino wrote in a letter to commissioners which is included as part of an exhibit in the lawsuit.
Audino writes that other officeholders can be compelled by commissioners to submit a weekly, written report detailing their hours of labor and then commissioners can file their own writ of mandamus if work is not being done.
Craig said he thinks Audino poses an interesting legal question and would like to see how the courts rule. The commissioner says he doesn't think commissioners have the authority to dictate the hours worked by other elected officials.
"If the courts are ready and willing to make that decision, then I'm willing to take on the responsibility," he said.