Nemeth rethinking mandate
Stalemate between judge, county officials may be near an end.

August 21, 2005
By JAMES WENSITS
South Bend Tribune Political Writer
Submitted by Bill Wakeland, District 1

SOUTH BEND -- Probate Court Judge Peter J. Nemeth said Tuesday that he is leaning against the use of his mandate powers to require county officials to approve $10,000 pay raises he has requested for two Frederick Juvenile Justice Center employees.

The comment signaled the possibility of ending a stalemate between Nemeth and St. Joseph County government officials that has created bitter feelings on both sides during recent months.
Nemeth, who oversees the juvenile court, had asked for the raises last spring, but met resistance from some council members due to budget and other concerns.

In a compromise agreement with Nemeth, the council passed ordinances in July that reduced the salary increases to $5,000 each for the two employees.

The county commissioners promptly vetoed the measures and filed a declaratory judgment action that challenges Nemeth's proposal to use a juvenile probation fee fund to pay for the raises.

After locking in 4-4 ties on motions both to sustain and override the vetoes -- council member Mike Kruk, D-District E, was absent -- the council ended up sustaining the commissioners' action.

Council member Mark Catanzarite, D-District G, who voted to sustain the vetoes, noted that most county employees will not get raises and said it is "not fair to do for two (employees) and not for everybody else."

Council member Mark Root, R-District I, called it "deeply ironic" that the council was even considering the juvenile justice center raises in light of the proposed budget cuts.

Nemeth said after the council vote that he has not made a final decision on whether to pursue the mandate action but will take a "hard look" before making his decision.

The council action followed a public hearing on the 2006 county budget, and the judge indicated that he was moved, both by the county's precarious financial condition and by the likelihood that most county employees will not get any raise next year.

Nemeth said he is also concerned about the cost to the county should there be a mandate action.

Nemeth, who has been particularly incensed by the commissioners' pursuit of the declaratory judgment action, made their willingness to dismiss the lawsuit a factor in his decision whether to pursue the mandate action.

If they don't withdraw the lawsuit, Nemeth said, "it would make sense for me to go ahead with the mandate."

However, Nemeth said it would be "a show of good faith" for the commissioners to drop the legal action, which he called a waste of taxpayers' money.

"I do appreciate the judge's concern for the other county employees," said Commissioner Mark Dobson, R-District 1.

Dobson said he will "call the judge tomorrow and set up a meeting."

The council heard comments on the budget bills but won't vote on them until its Sept. 13 meeting to allow time for any late-hour adjustments.

Council President Rafael Morton, D-District D, said informal council-commissioner budget hearings will resume on Monday.

In order to eliminate a projected $5.5 million shortfall in next year's budget, county officials have proposed extraordinary measures.

They include using the reassessment budget to cover the salary and operating costs of the township assessors, using the recorder's perpetuation fund to meet salaries and expenses for that office, transferring $700,000 out of the CEDIT option income tax fund and transferring $500,000 out of the county Rainy Day fund.

County Assessor David Wesolowski told the council the reassessment fund could handle paying for the township offices next year, but cautioned against future use of the fund in that manner because of upcoming costs.

Recorder Terri Rethlake was incensed by the proposal. She complained that her perpetuation fund is intended to pay for the preservation of records and not for salaries and office supplies.

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