Trumbull judge says music-hall agreement will restore rights of Packard board

Staff report

WARREN

The city and JAC Management Group will amend the 2014 agreement that authorized JAC to run Packard Music Hall to ensure the terms of the Packard Trust are honored, retired Trumbull County Probate Judge Thomas A. Swift said.

Judge Swift had a hearing Wednesday in probate court to review recommendations from a “master commissioner’s report” written by an Akron attorney at the judge’s request. Judge Swift said he will formalize the recommendations in a judgment entry.

The judge, whose term as probate judge ended 13 months ago, presided over the issue because he is completing cases that began while he still was on the bench, he said.

He appointed Atty. Philip S. Kaufman of Akron to review a controversy raised by a candidate for Warren mayor involving the contract – whether the contract was entered into properly.

Kaufman prepared a report saying the music-hall contract failed to include the Packard Park Board of Trustees, which “has exclusive authority over the management and control of the hall” because of the language in J.D. Packard’s will.

Packard, who died in 1923, established the trust, which owns the park and music hall.

Kaufman said the Packard board “is the appropriate party to hire a company, such as JAC, to manage the hall.” The board also has a responsibility to protect the interests of the W.D. Packard Concert Band, which plays in the hall, Kaufman said.

Judge Swift said one of his goals is to ensure whatever happens at the music hall will be in the best interests of the band, as intended in the trust.

The report notes the trust has a provision that would revert control of the hall to the Packard family if the city fails to adhere to the trust’s requirements.

Key Bank, the acting trustee of the Packard Trust, also should be included in the contract as part of the amendment, Judge Swift said.

And the next agreement with a music-hall manager should include the Packard board and Key Bank as decision makers involving the hall’s use, Judge Swift said.