City must give court funding

Court officials said the money is needed to meet payroll obligations.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- The 11th District Court of Appeals has denied a request by city officials to stop payment on an order for additional court funding, so the court will receive the money it requested to make it to the end of the year.
Judge Michael Bernard issued a court order in November to force the city to pay an additional $49,000 in court expenses. Council, in a 6-1 vote, refused.
Judge Bernard then filed a complaint in the appeals court, asking that council and the mayor show why the additional funds requested were not granted. He also asked that, upon the city's failure to give a reason, the city be made to appropriate the funds.
The judge had said the money was needed by Thursday in order for the court to make its payroll obligations.
Litigation
Mayor James J. Melfi, on behalf of the city, filed a motion Wednesday seeking an emergency stay of the payment orders from the judge. Following the order, the motion claimed, would be a violation of Ohio law prohibiting the city from appropriating funds not authorized by a state oversight commission, which oversees all city spending decisions while the city is in fiscal emergency.
The judge's order and council's refusal to grant the additional funds left city Auditor Sam Zirafi with conflicting orders to follow -- until Thursday. Zirafi said the refusal of the appeals court to grant a stay made his course of action clear.
"The law is the law, and we are going to follow it," he said. "Based on legal advice from the law director and the attorney handling the case for the city, the journal entry should be followed until all litigation has been completed."
Judge Bernard refused to comment on the situation. He said ongoing litigation and the potential for new court action from the city prevent him from discussing the matter.
Disappointment
Mayor James Melfi did not say whether the city would take further court action, but he did say the denial of the stay order was no surprise. He said the court should have been made to cover some of the debt using its own funds.
"This is not a surprise," he said. "What is disappointing is that the court has $239,000 in reserve funds. Some of that could have been applied to the $49,000 [the judge] has demanded to cover his salaries."
Melfi said the city and court may face a similar situation next year, with the court likely to request substantially more in funding than it will bring in and council refusing to grant the funds. He said the city will oppose anything officials see as a potential financial setback to the cash-strapped city.
"We will challenge any cost to this city that is not in the best interest of the taxpayers," he said.
Melfi said the court is not being reasonable in its funding demands. He said the city has reduced the number of firefighters, police officers and other employees and seen pay freezes across the board. Some departments such as parks and recreation, he said, have seen drastic cuts in funding. Yet, the court, Melfi said, has not reduced its work force and has given some employees cost-of-living pay adjustments.
jgoodwin@vindy.com