State ex rel. Maloney v. Sherlock

796 N.E.2d 897, 100 Ohio St. 3d 77
Ohio Supreme Court·Decided September 25, 2003·No. Nos. 2003-0171 and 2003-0172·Published·Cited by 23 cases

Opinions

Per Curiam.

{¶ 1} In July 2002, Elizabeth Sublette, the Director of the Mahoning County Office of Management and Budget, issued a memorandum to the county “departments,” including the Probate and Juvenile Divisions of the Mahoning County Court of Common Pleas. In the memorandum, Sublette forecast a general-fund revenue decrease of 18 percent to 20 percent for 2003 and advised these departments to “begin the process of reducing the cost of service.”

{¶ 2} In August 2002, Sublette sent the departments a second memorandum in which she specified that budget papers for 2003 would be sent to them within the week and reminded them about the projected decline in revenue for 2003 and the necessity for each department to reduce costs. Sublette subsequently sent the budget forms to the departments, including the probate and juvenile courts, and instructed them to submit the forms by e-mail by September 30, 2002. Included with these materials, Sublette provided each department’s 2002 budget as well as a target number for each department’s 2003 budget request. The probate court’s 2002 budget was $907,912, and the target number for the court for 2003 was $715,000. The juvenile court’s 2002 budget was $5,349,391, and the target number for the court for 2003 was $4,300,000.

[78] {¶ 3} Sublette and Mahoning County Administrator Gary Kubic set these initial 2003 target numbers based on department expenditures for 2000 because the county revenue projections for 2003 were comparable to the county’s 2000 expenditures. They provided the target numbers as department totals rather than line-item amounts to allow the various department heads to program their budgetary needs from the targets.

{¶ 4} The county followed the practice that if the departmental budget request was within the target amount, the Mahoning County Board of Commissioners would appropriate all of the department’s line-item amounts. If the budget request was not within the target amount, the board would appropriate only the target amount and give the noncomplying departments the opportunity to make their own changes of line-item amounts in order to stay within the appropriated amount.

{¶ 5} Before December 2002, Sublette was notified by the county auditor of a new estimate of revenues for 2003 that was $2 million to $3 million higher than the previous total, which she had used to set the original target numbers for the county departments’ 2003 budget requests. Sublette then adjusted the target numbers for the departments’ 2003 budgets to account for this additional revenue. In setting and adjusting the target numbers for the county departments’ budgets for 2003, Sublette did not consider the particular programs of the various departments.

Mahoning County Probate Court

{¶ 6} In 1996, relator Timothy P. Maloney was elected judge of the Mahoning County Court of Common Pleas, Probate Division, and he has held that office since February 1997. In 1996, the probate court’s budget was $849,262 and its actual expenditures were $790,173. In 2002, the probate court’s budget was $907,912 and its actual expenditures were $875,511. For 2002, administrative salaries accounted for $521,648 of the probate court’s budget and $520,074.79 of its actual expenditures.

{¶ 7} Despite the county’s request that all county departments submit their 2003 budget requests by September 30, 2002, Judge Maloney did not fill out any of the forms provided and did not submit a request by that date. Judge Maloney has never complied with the county’s request for budget forms; instead, he has always submitted his budget by court order.

{¶ 8} On December 17, 2002, Judge Maloney entered a judgment ordering the Mahoning County Board of Commissioners to appropriate the sum of $922,196 for the probate court’s 2003 budget, including $557,742 for administrative salaries. Judge Maloney’s budget order exceeded the county’s initial target number of $715,000 and its adjusted target number of $750,000.

[79] {¶ 9} According to Judge Maloney, he increased the salaries for certain probate court employees for several reasons, including that they had not had raises the year before, that they may not have gotten raises during some other year in the previous six years, and that he thought the raises were reasonable and necessary to maintain the court’s status quo against the private sector. Judge Maloney stated that “paying reasonable, though not excessive, wages is necessary in order to retain the services of qualified, professional employees in the Probate Court.” Judge Maloney further claimed that the pay increases were justified because of the level of multitask work they performed and a city income tax that had been increased an additional 0.5 percent.

{¶ 10} On December 19, 2002, the board passed Resolution 02-524, which approved a total general-fund appropriation for 2003 of $47,669,845, with $750,000 of that sum appropriated for the probate court. One of the three county commissioners believed that Judge Maloney’s $922,196 budget order was neither unreasonable nor unnecessary. Another commissioner did not find anything about Judge Maloney’s budget order unreasonable or unnecessary except for one salary adjustment for Lucy Lovell, the probate court administrator.

{¶ 11} Additionally, on December 19, 2002, the board adopted Resolution 02-534, in which it ordered a payroll deduction of 10 percent of the health insurance premium for all Mahoning County employees not covered by any collective bargaining agreement. The board based the deduction in part on the State Auditor’s recommendation. Most probate court employees would be subject to this deduction. Previously, all probate court employees had been offered health insurance coverage completely paid for by the county. Judge Maloney refused to implement the 10 percent payroll deduction for probate court employees, and the board has not collected the ordered deduction.

Mahoning County Juvenile Court

{¶ 12} Relator Theresa Dellick was appointed judge of the Mahoning County Court of Common Pleas, Juvenile Division, and she took office in April 2001. In 2001, the juvenile court’s budget was $5,103,682 and its actual expenditures were $4,891,200.75. In 2002, the juvenile court’s budget was $5,343,391 and its actual expenditures were $5,144,577.57.

{¶ 13} In September 2002, the juvenile court requested and was granted an extension from the county to submit its 2003 budget request and forms. On November 21, 2002, the juvenile court sent its budget request and forms to the county. The juvenile court requested a 2003 budget of $6,923,499.22. On November 26, 2002, Judge Dellick ordered the Mahoning County Board of Commissioners to appropriate the requested $6,923,499.22 for the juvenile court’s 2003 budget. Judge Dellick’s budget order exceeded the county’s initial target number of $4,300,000 and its final adjusted target number of $4,600,000. Includ[80] ed in Judge Dellick’s 2003 budget was a substantial increase in administrative and other salaries.

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State ex rel. Maloney v. Sherlock, 796 N.E.2d 897, 100 Ohio St. 3d 77 (Ohio 2003).

796 N.E.2d 897 (State ex rel. Maloney v. Sherlock) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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