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Sunday, February 21, 2010

Ind. Courts - "St. Joseph County judge wants money to make costly repairs at the Juvenile Justice Center, but county commissioners say they can't just hand it over"

So reports Kristin Bien of South Bend WSBT-TV, in a story that continues:

Judge Peter Nemeth wants about $67,000. He said commissioners just have to sign the purchase request. But they say it is not that easy.

There is snow on the ground now, but in a couple of months, maintenance director Noel Bauwens will have to fire up the JJC's air conditioners.

"It is getting to the point where I can't get them started in the morning," Bauwens said. "One of these days they are just going to fail."

And if they do, the entire JJC would be shut down because without temperature control in the building it would be uninhabitable.

That is why Nemeth in August asked the commissioners for money to overhaul the building's air conditioning chillers.

The commissioners turned him down, but the County Council voted to override that decision. Now the commissioners have to decide whether or not to sign the purchase request for the money.

"I believe that their refusal to do that is a violation of the constitution and the laws of the state," Nemeth said.

Commissioners said they haven't refused to sign the purchase request. They say it is still under consideration. But, they can't sign it yet because of legal issues.

"I don't think we are blocking it," said county Commissioner Dave Thomas.

Thomas said the $67,500 Nemeth is asking for would come from the probation user fee fund.

Commissioners are still awaiting a decision on an earlier Indiana Supreme Court mandate. Commissioners said they don't know if user fees can legally be spent for this overhaul.

"Whether they need to be repaired I don't know, but right now as far as coming from the user fee account that is in question," Thomas said.

Nemeth said if the request isn't signed he will have to take legal action.

He also said if the repairs aren't done and the chillers break down, it could cost as much as $150,000 to replace them.

If the repairs are done now, Nemeth said, it would not cost the taxpayer a dime because the money would come from user fees. But if the county has to pay to replace them it will lead to substantial costs for taxpayers.

"I can't imagine why they would want to risk the additional cost to taxpayers. Not only the increased cost if the thing fails, but also, if I have to take legal actions to force them to do their duty. That will involve attorney fees which is more taxpayer dollars," said Nemeth.

"If there is any money being spent, they are taxpayer dollars," said Thomas. "Whether those come from fuel taxes, property taxes, income taxes or user fees, those are tax payer dollars."

Posted by Marcia Oddi on February 21, 2010 08:51 AM
Posted to Indiana Courts