Oversight committee discusses judge's suit

City officials will honor any and all court orders, the mayor said.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Judge Michael Bernard may receive the additional funds requested from the city, but city officials may ask that the money be reimbursed in court at a later date.
Members of the state-appointed fiscal oversight committee met behind closed doors Tuesday to discuss a lawsuit filed in appellate court by Judge Bernard. The committee oversees all spending decisions here while the city is in fiscal emergency.
Judge Bernard, in a complaint filed in the 11th District Court of Appeals in Warren, asked that council and the mayor show why $49,000 in additional funds requested by the court was not granted.
The judge's court action also requested that, upon the city's failure to give a reason for the money not being granted, the city be made to appropriate a sum of $849,503 to the court for the year. That figure includes the requested $49,000.
Court order
Before taking the matter to appellate court, Judge Bernard issued a court order in November to force the city to pay the additional $49,000. Council refused.
After more than an hour and a half behind closed doors, Mayor James Melfi said he could not discuss the pending litigation, but did say the committee and council fully intend to follow all court orders -- including the initial order by Judge Bernard to grant the additional funds. He said council would explore seeking reimbursement of the funds when the matter is heard in appellate court.
"We are going to inform the court that we believe the cost the judge has placed upon the city is unreasonable," he said. "Council has said, 'Enough is enough.' We are going to have to prove that the money is unreasonable and certainly a burden to the city."
Melfi said the only thing that would stop the city from appropriating the additional funds requested in Judge Bernard's order would be a stay of that order granted by another court. The mayor would not say if the city would be seeking a stay.
Over its budget
Melfi has consistently said the court is a large part of the reason the city is in fiscal emergency. He said the court is already $200,000 over its budget for the year and is now asking the city for an additional $49,000.
Melfi also points to the building that houses the court and police department. He said construction of the building, a few years ago, cost about $5.3 million, and has been a tremendous burden on the city.
Judge Bernard, after council denied his request for additional funding, issued an order withholding payment of $8,120 from the court's computer fund, $8,872 from the court's special projects fund and $27,379 from the court's probation services fund to the city's general fund.
The judge's order also stopped future payments from the court funds to the city's general fund & quot;except upon a direct future order from this court. & quot;
Melfi said the payments are regularly made into the city's general fund and go toward the construction cost of the court building and the cost of probation department employees. He said the order will make it more difficult for the city to emerge from fiscal emergency and could force officials to lay off more city employees.
Judge Bernard said the withheld funds would be needed by the court to cover costs through year's end if council did not grant the additional money.
jgoodwin@vindy.com