Lack of support irks councilman
If the judge says 'mop,' his colleagues will mop, the councilman chided.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- A city councilman demanded answers from his colleagues after an attempt to rename and define the use of the building housing Girard Municipal Court received no support from the rest of council.
Councilman Dan Moadus introduced an ordinance Monday that would have renamed the Justice Center building, which houses the police department and court, The Girard City Building Annex. The legislation defined the building as a multi-use facility and left the court chambers open to court and council use.
Moadus' motion to incorporate the resolution died on the floor of council chambers because no other member of council would second the motion.
Court order
The move by Moadus comes on the heels of a court order limiting the use of Girard Municipal Court facilities.
Judge Michael Bernard issued the order banning council from using the courtroom to conduct meetings. The judge said the court is to be used only for court business.
Judge Bernard said personal attacks on the court by city officials led to the ban.
Moadus said the proposed resolution would have ended the "standoff" between council and the judge over use of the courtroom facilities.
Immediately after the motion to adopt the resolution failed, Moadus demanded answers from fellow councilmen who he said had been looking forward to making it clear who is in charge of city buildings.
Moadus has continually said the judge does not control the use of city buildings, but is merely provided housing by the city for his court. He said not passing the resolution shows where council stands in relation to the court.
"I just hope the judge doesn't order [council] to mop any floors over there because you guys will be mopping, is my guess," he said. "It is clear already that this council will do whatever the judge wants, no matter how ridiculous."
Response
Councilmen Michael Costarella and Tom Seidler, however, said the resolution was not supported by council because members are waiting on a legal opinion from attorneys or a court ruling. Seidler said attorneys for the city are researching the matter.
Costarella said he is in favor of taking the matter to court.
"It is my opinion that that is the correct thing to do," he said. "What we would like is a determination from a higher court on if the judge's order is valid and if it is legal to keep us out of that building. I don't believe in violating the judge's order until we know that."
Seidler said failure to pass the resolution could be temporary, depending on what advice council receives from attorneys.
"This particular resolution can be brought back at a later time, but I think council wants to be cautious about the way we proceed right now," he said.
Council will hold its next meeting in old council chambers, not the courtroom.
Council, in other matters, did pass an ordinance requesting that the Army Corps of Engineers proceed immediately with preparation of plans to breach the Lower Girard Lake Dam.
The ordinance to prepare breach plans passed 4-2. Councilmen Tom Seidler and Joe Shelby voted against the resolution, saying it should specify that the plans include provisions to prevent flooding downstream. Councilman Louis Adovasio was not present.
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