Expect court action over budget, Logan says

A judge told commissioners that fighting would waste money.
By D.A. WILKINSON
VINDICATOR SALEM BUREAU
LISBON -- Sean Logan, chairman of the Columbiana County commissioners, says it's a question of when -- not whether -- commissioners will be taken to court by officeholders over a lack of money in 2007.
Logan's comments came Wednesday as the commissioners held budget hearings for county offices.
"There will be a mandamus action next year," Logan said.
A mandamus action is a court action to force an official to do his duty. In the county's case, officeholders who can set their own budgets, such as judges, can take commissioners to court to get enough operating funds.
The county will be 4 million short of its 18 million budget because of voter rejection of a 0.5 percent sales tax. If officeholders seek mandamus actions and win, that will leave less money or possibly no money for departments that can't set their own budgets.
Juvenile and Probate Court Judge Thomas Baronzzi's 2007 budget request of 1.1 million is 29,298 less than his request last year. He attributed the cuts to cutting back were he could, such as on overtime.
The judge's budget covers juvenile court and its probation department, probate court, and the budget for the county's law library. Not included in the judge's budget is the 1 million the county pays every year for juvenile services from the Multi-County Juvenile Attention System. Columbiana is one of six counties in the system.
Judge Baronzzi told commissioners that if they do not fund the system, he will have to use private agencies to provide services that will cost more than the system.
The judge also said that while court filings may not have to be processed for several days, at times he has to take immediate action, such as placing a troubled youth in a facility.
"It's my duty," Judge Baronzzi said. "Fighting each other just wastes money."
Extension service
Commissioners also had a budget hearing with Julie Herron, who will be the only Cooperative Extension Service agent as of January. The office is operating with donations, and cannot mandate its budget.
Commissioners paid rent, utility and phone costs for the service this year. Logan raised the possibility that the service may get nothing in 2007.
Logan told Herron, "We're in a destructive phase."
Commissioners have two required public hearings scheduled next month on the sales tax. After the hearings, commissioners could enact the tax or put it back before voters, or do nothing.
Logan said there is no court action the commissioners could file to ask the Ohio Supreme Court to clarify what the commissioners must fund. The county can't turn to the 7th District Court of Appeals since it is partly funded by the commissioners -- although it may not get funded in 2007.
Logan said commissioners will have to set budgets and wait for the response from officeholders.
Commissioners want to have the 2007 budgets in place by Dec. 20 so the numbers will be in the county's computer system before the start of the new year.