Councilman expects panel to sue the city
The fiscal oversight panel failed to let the city increase the court's budget.
GIRARD -- A city councilman anticipates the city's fiscal oversight commission will end up filing a lawsuit against Girard to resolve a financial dispute.
"It's coming to a head," Councilman Daniel Moadus, D-4th, a commission member, said Wednesday.
The state commission has been in place since the city was placed in state-imposed fiscal emergency in 2001. The commission failed earlier this week to muster enough votes to allow city council to increase municipal Judge Michael A. Bernard's budget by $75,000 to meet payroll.
The vote was 4-1, with Moadus casting the dissenting vote. Five votes are needed for passage.
Moadus cast the negative vote because he believes increasing the court's budget will hamper the city in defending itself in a lawsuit filed against it by Judge Bernard.
What's behind dispute
Lawmakers had approved a $600,000 budget for the court this year, but the judge has filed a lawsuit in the 11th District Court of Appeals seeking a $305,000 increase.
In an agreement between the city and Judge Bernard, the judge agreed to give the city $75,000 from one of his discretionary funds, which cannot be used for payroll. In return, city council would boost the court's budget by $75,000 to meet the court's expenses into September.
The discretionary fund, Moadus said, is the one being used by Judge Bernard to pay the court's share of the justice center's construction cost. The court and police department are located in the downtown center.
Moadus said that if council gives the court the $75,000, he anticipates the fiscal oversight commission will sue the city to stop the transaction.
In arguing against the additional court appropriation, Moadus said that $300,000 in the court's discretionary fund should be given to the city.
"That's not his money; that's the city's money," Moadus stressed.
Besides, the councilman added, Judge Bernard has not attempted to cut costs and even gave his employees bonuses in 2005.