2 sides moving ahead with planning process

A judge has rejected the city's request to hire a lawyer for the district.
By D.A. WILKINSON
VINDICATOR SALEM BUREAU
SALEM -- Salem and Perry Township officials say they are moving ahead with planning for the controversial Quaker Community Fire District.
Both subdivisions are considering appointing their second representative to the board that would oversee the district.
Those two new members, along with Councilman A. Frederick Vogel and Trustee Larry Parker, would appoint a fifth member.
Vogel said Monday that the city's pick could come soon, possibly as early as today.
Trustee Jerry Wolford said the township had again publicly asked for applicants for the second township seat. Wolford said the trustees had called a special meeting for Wednesday morning to review and discuss the applications.
Council and the trustees want to eliminate their fire departments and form the district to save money.
Columbiana County Common Pleas Court Judge C. Ashley Pike has temporarily blocked formation of the district. The judge agreed with city firefighters who argued that the State Employment Relations Board Council should hear the dispute. The city and firefighters have a contract.
Judge Pike said each subdivision could appoint its members and engage in preliminary planning. But the judge specifically said that the district is not to become operational.
Sides' arguments
The city appealed that decision and then asked Judge Pike to let the city spend $15,000 to hire a lawyer to help plan the district.
Attorney Dennis Haines, who represents the firefighters, argued in court filings that the city was trying to make the district operational despite Judge Pike's order.
The Ohio Supreme Court, according to Haines, has consistently ruled that once a case is appealed, it is out of the judge's hands.
Attorney James D. Kurek, who represents the city, argued the city was only trying to clarify if the request for the $15,000 was allowed under Judge Pike's ruling.
Judge Pike last week sided with the firefighters, writing, "It is clear to this court by that motion the city was asking the court to modify the judgment entry from which the city did appeal."
Judge Pike added that the city never used the word "clarify" in its request for funding.
Vogel, who noted he is not a lawyer, said he isn't sure of the city's next legal move. Options, which could include more court action to obtain money for the district, will be discussed, he said.
The trustees are not part of the lawsuit. Their counsel -- the Columbiana County Prosecutor's Office -- said township fire revenue could be used only for fire protection.
wilkinson@vindy.com