Judge, council in fund dispute

The judge said payroll in the court must be met.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Girard Municipal Court Judge Michael Bernard said meeting the court's financial obligations through the end of the year is what led to his withholding regular contributions to the city's general fund.
Judge Bernard requested, via a court order, an additional $49,000 from council to carry the court through the end of the year. That request was denied by council earlier this week, and the judge ordered a stop to monthly and one yearly payment from the court to the general fund.
Judge Bernard said he was led to believe by city officials that none of the employees in the court would be given a paycheck at the next payroll due date next Thursday. The court has 13 full-time and three part-time employees.
Judge Bernard said the withheld funds will be enough to pay the salaries of his employees should council continue to deny his request for $49,000 in additional funds. He said the court must continue to operate even if the city is in fiscal emergency.
"My job is to see that the doors of the court stay open. That is my constitutional duty," he said. "I am not in fiscal emergency, [the city] is in fiscal emergency and they are there because of mismanagement."
Auditor's take on situation
Sam Zirafi, city auditor, said there may be a flaw in the judge's plan to pay court employees out of the withheld funds. He said the city, not the court, would ultimately have to issue the paychecks using the correct computer software to account for deductions and other items.
Zirafi also said Judge Bernard will likely not have to worry about the payroll situation at all. Zirafi said he was told by the city law director and the attorney general's office to honor the judge's order and issue the funds to the court.
Zirafi said the city can seek reimbursement of the funds from the court at a later date in the court of common pleas.
Tom Seidler, 3rd Ward councilman, said if the matter should go to court "then so be it," but council is sticking to its decision and expects that no more funds will be issued to the court this year. He said the state fiscal oversight commission, which oversees all spending decisions in the city, supports council's decision not to appropriate the funds.
Criticizes raises
Seidler said council is taking a stand against the court's spending practices. He points to pay increases given to court employees this year.
"There had to be a line drawn in the sand here. To give people raises then come back and panhandle to us is totally irresponsible," he said. "[The pay increases] were a slap in the face to every employee who lost their job or took a pay freeze."
Mayor James Melfi has said the $17,000 monthly and $27,000 annual payment Judge Bernard ordered withheld from the general fund account for the jobs of about 10 safety services employees. He said the continual loss of those funds could mean the loss of those employees.
Judge Bernard said he thinks the mayor is using the threat of laying off safety services workers as a scare tactic and to make the court look bad for the withheld funds. He said the mayor, if need be, could lay off from other departments.