City asks that commission be a party in judge's suit

City officials anticipate future court proceedings.
GIRARD -- City officials are looking for an ally in a court action brought against the city by Judge Michael Bernard.
In a motion filed in the 11th District Court of Appeals in Warren late last week, the city asked that the Girard Financial Planning and Supervision Commission be made a party in a court action brought against the city by the judge. The commission has been put in place to oversee all financial decisions in the city while the city is in fiscal emergency.
Judge 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 appellate 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 city asked for a stay of the initial order issued by Bernard, but that request was denied.
Reason for request
The city's motion asks that the commission be made a part of the lawsuit because no relief can be found between the city and court without commission input.
The motion also says the commission cannot protect its interest in the city unless it is made a party to the action.
Mayor James Melfi said city officials think it is important to have the commission as party to the court action for any future court wranglings with Judge Bernard. He said the judge has asked for more funding than city officials are willing to give for 2006, setting the stage for more potential court proceedings.
"We recognize that this is just the beginning," Melfi said.
Melfi has said the city must prove that the judge is unreasonable in his request for funding from the city. He has said the city, in the future, may ask for reimbursement of some recent court funding.
Paul Marshall, commission chairman, said the commission is definitely concerned with the court's spending habits. Any extra funds given to the court, he said, take away from the reduction of the city's deficit.
"Our preference would have been to try and settle this out of court, but I really don't know what options are available to us at this point, seeing as we have tried to reach the judge twice and have received no reply," he said. "The city does not have an infinite pool of money."