Commission to enforce monthly policy
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Judge Michael Bernard has twice demanded funds above his appropriations from the city; the state-appointed fiscal oversight commission demands he live within his budget -- and city officials are caught in the middle.
Oversight commission members passed a rule in January, later accepted by city council, that requires the city to operate on a month-to-month budget instead of a yearly basis. Each department is given a monthly dollar amount not to exceed.
The fire department, mayor, legal, court, city hall and miscellaneous funds have overspent their respective budgets thus far, according to information supplied by Nita Hendryx, financial supervisor assigned to the commission from the state auditor's office. Departments that overspend their budgets must give a valid reason to the commission.
Enforce policy
Commission members Tuesday voted to enforce the monthly spending policy by ordering the city to demand a reason for overspending from any department over its budget. Hendryx will decide on a case-by-case basis what reasons are valid.
The commission will be revising monthly spending budgets for those departments that are over budget effective July 1. Those departments' monthly spending allotment will be decreased to keep in line with the annual budget, and the city auditor told not to cut checks above that monthly amount.
"Having a plan in place doesn't mean anything if you don't enforce it," said Paul Marshall, oversight commission chairman.
Judge Bernard issued a court order in November 2005 to force the city to pay an additional $49,000 to the court that year.
Judge Bernard, in a judgment entry, ordered the city to increase appropriations to the court again in 2006 to $905,454. Council originally appropriated about $600,000 for the court. The judge has said the $600,000 appropriation is far below appropriations for the previous year and not enough to operate the court.
Marshall said excuses, such as not having enough money to operate at last year's levels, will not be acceptable. He said the court will be given a revised monthly budget and expected to live within it.
The judge, however, could order Auditor Sam Zirafi to issue funds above the court's monthly allotment. Zirafi said he would have to honor any such order from the court.
According to Marshall, should the city issue funds to the court above its monthly allowance, the oversight commission will likely sue the city to stop the funding.
"The city gets kind of caught in the middle, but we hold the city responsible," said Marshall. "We have a fiduciary responsibility to help the city [emerge from fiscal emergency], and we take it seriously."
Judge Bernard could not be reached at home Tuesday evening.