State ex rel. Lake Cty. Bd. of Commrs. v. Weaver

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The State ex rel. Lake County Board of Commissioners, Appellant

and Cross-Appellee, v. Weaver, Judge, et al., Appellees and

Cross-Appellants.

[Cite as State ex rel. Lake Cty. Bd. of Commrs. v. Weaver

(1993), Ohio St.3d .]

Writ of mandamus granted to compel county board of

commissioners to appropriate funds requested by juvenile

court for its 1989 operating budget -- Determining

compliance.

(No. 92-1452 -- Submitted April 20, 1993 -- Decided August

18, 1993.)

Appeal and Cross-Appeal from the Court of Appeals for Lake

County, No. 89-L-14-076.

Judge William W. Weaver of the Lake County Common Pleas

Court, Juvenile Division, appellant and cross-appellee,

petitioned the Court of Appeals for Lake County to enforce the

judgment of that court which was affirmed in State ex rel. Lake

Cty. Bd. of Commrs. v. Hoose (1991), 58 Ohio St.3d 220, 569

N.E.2d 1046.1 Hoose affirmed the court of appeals' decision to

grant a writ of mandamus against appellee and cross-appellant,

the Lake County Board of Commissioners ("board"), to compel

additional appropriations requested for the juvenile court's

1989 operating budget. Hoose also affirmed the court of

appeals' judgment ordering "payment of overtime and

'extra-time' compensation" in stipulated amounts. Id. at 221,

569 N.E.2d at 1048.

In its decision, the court of appeals stated that the

juvenile court needed $228,870 more than had been appropriated

to fund certain reasonable and necessary salary requirements

requested by a May 9, 1989 journal entry. Lake Cty. Bd. of

Commrs. v. Hoose, Judge (Dec. 13, 1989), Lake App. No.

89-L-14-076, unreported. The "overtime and extra time" amounts

ordered by the court of appeals were stipulated in the record

as $35,646.65 and $7,131.94, respectively. Thus, compliance

with the order in Hoose, according to the record as of that

judgment, required the board to appropriate an additional

$271,648.59 for the juvenile court's 1989 budget.

However, on May 21, 1992, the parties stipulated,

apparently with the benefit of hindsight, that only an

additional $182,996.96 had been required for the reasonable and

necessary juvenile court salary expenses in 1989. According to

other stipulations, the $182,996.96 amount is the sum of

$177,596.96 (the wages that would have been paid to certain

employees laid off when the juvenile court raised salaries and

exceeded the funds allocated for its 1989 budget) and $5,400

(the amount by which additional funds appropriated in December

1989 still fell short of funding needed to pay the increased

wage rates for that fiscal year).

The stipulations also represented to the court of appeals

that $49,151 in unemployment compensation had been paid out of

the county general fund to juvenile court employees laid off in

1989. The stipulations further represented that:

"10. In 1991, the Board of County Commissioners increased

the funding to the [juvenile court's] salary by $170,400.00

after the Supreme Court affirmed the Eleventh District Court of

Appeals December 13, 1989 order in the case at bar.

"11. None of the $170,400.00 that was added to the

[juvenile court's] salary accounts in 1991 was meant to enable

the [juvenile court] to pay its employees back pay for 1989.

Rather, that infusion of funds was made to enable the [juvenile

court] to increase its employees['] wage rates in 1991 to

levels which would have been achieved in 1991 had Judge Hoose's

* * * [initial budget request] gone unchallenged."

The court of appeals discerned only one issue from this

and the other evidence in the record -- should the juvenile

court receive the full $182,996.96 appropriation, or should

$49,151 paid for unemployment benefits be deducted from that

amount? The court held that:

"* * * [T]he parties have agreed that the funds for

unemployment benefits were not taken from any court account,

but was [sic] taken from the county general fund. As the funds

for the benefits had not been appropriated to the juvenile

court already, and since these funds were essentially used for

the same purpose they would have been used if they had been

appropriated, this court concludes that [the board] is entitled

to offset the $49,151 against the amount owed.

"Accordingly, to comply with our judgment of December 13,

1989, [the board] is hereby ordered to appropriate to the

juvenile court the sum of $133,845.96 on or before July 8,

1992. If this amount is not appropriated by this date, [the

board] shall also be required to pay interest on this amount at

a rate of ten percent from the date of our original judgment."

On September 8, 1992, execution of the court of appeals'

judgment was stayed by this court. The cause is before this

court upon an appeal and cross-appeal as of right.

Steven C. LaTourette, Lake County Prosecuting Attorney,

William L. Sheroke, Assistant Prosecuting Attorney, and Dale R.

Kondas, Chief Assistant Prosecutor, for appellant and

cross-appellee.

Abraham Cantor, for appellee and cross-appellant Judge

Weaver.

Per Curiam. The instant appeal and cross-appeal present

three issues for our review. First, did the court of appeals

err by using the unemployment benefits paid by the board to

offset funding awarded for the juvenile court's 1989 budget?

Second, did the court of appeals err in not accepting the

board's "infusion" of $170,400 into the juvenile court's 1991

budget as compliance with the judgment for 1989? Third, did

the court of appeals err in awarding interest?

For the reasons that follow, we agree with the court of

appeals' decision to offset $49,151 in unemployment

compensation from the $182,996.96 stipulated as reasonable and

necessary for the juvenile court's 1989 expenses. However, we

also count the $170,400 supplement paid the juvenile court in

1991 toward the board's obligation in this regard. The

stipulated 1989 expense amount is less than the sum of these

two payments and precludes any interest award. Thus, our

decision affirms in part and reverses in part the court of

appeals' judgment.

Unemployment Benefits

The court of appeals deducted $49,151 from the $182,996.96

needed for the juvenile court's 1989 salary expenses because

the board had paid that amount for unemployment compensation in

1989. In effect, the court concluded that this much of the

juvenile court's 1989 budget request had been satisfied, and,

therefore, that the juvenile court no longer needed these

funds. We see no reason to reverse this finding based on Judge

Weaver's cross-appeal.

Weaver claims that the court of appeals erred, citing NLRB

v. Gullett Gin Co. (1951), 340 U.S. 361, 95 L. Ed. 337, 71 S.

Ct. 337, and Jones v. Ohio Dept. of Mental Health (S.D. Ohio

1987), 687 F. Supp. 1169. These cases hold that unemployment

compensation should not be used to offset back pay awarded to

employees discharged in violation of federal

anti-discrimination laws. Each case represents the "national *

* * policy" in discriminatory discharge cases to make the

wronged claimants "whole." See Rasimus v. Michigan Dept. of

Mental Health (C.A.6, 1983), 714 F. 2d 614, fn. 13, certiorari

denied, Michigan Dept. of Mental Health v. Rasimas (1984), 466

U.S. 950, 80 L. Ed.2d 537, 104 S. Ct. 2151.

Restitution to wrongfully displaced employees, however, is

not the purpose of actions to compel funding for reasonable and

necessary court expenses. Such actions serve instead to

"preserve a judicial system and judiciary that are independent

and autonomous." State ex rel. Lake Cty. Bd. of Commrs. v.

Hoose (1991), 58 Ohio St.3d 220, 222, 569 N.E.2d 1046, 1048.

Moreover, even if we could accept the analogy to back pay,

Judge Weaver's argument does not account for State ex rel.

Guerrero v. Ferguson (1981), 68 Ohio St.2d 6, 7, 22 O.O.3d 98,

98-99, 427 N.E.2d 515, 516, in which we stated that back pay

awards should be reduced by unemployment benefits if this will

avoid causing the state to "pay twice" for a wrongful discharge

from the civil service. The offset of $49,151, therefore, is

affirmed.

Compliance

In ordering the payment of $133,845.96, the court of

appeals subtracted $49,151, the stipulated paid unemployment

benefits, from $177,596.96, the stipulated salaries that would

have been paid laid-off juvenile court employees, and added

$5,400, the stipulated budgetary shortfall. This result, the

board complains, does not account for the $170,400 added to the

juvenile court's budget in 1991.

We agree. The board gave Judge Weaver $170,400 in

additional funding in response to our decision in Hoose,

supra. The parties stipulated that only $182,996.96 was

required for complete compliance with the judgment entered in

State ex rel. Lake Cty. Bd. of Commrs. v. Hoose (Dec. 13,

1989), Lake App. 89-L-14-076, unreported. We have already said

that the court of appeals did not err in crediting $49,151

toward this debt. When this amount is added to the $170,400

given by the board in 1991, the total amount is $219,551, which

is $36,554.04 more than the parties agreed the juvenile court

needed for 1989.

Accordingly, we conclude that the board has more than

fully complied with the judgment we affirmed in Hoose, supra.

The court of appeals' judgment ordering the board to

appropriate an additional $133,845.96 and interest on that

amount, therefore, is reversed.

Judgment affirmed in

part and reversed in

part.

Moyer, C.J., A.W. Sweeney, Wright, Resnick, F.E. Sweeney

and Pfeifer, JJ., concur.

Douglas, J., concurs in part and dissents in part.

FOOTNOTE

1 Judge Weaver succeeded Judge Richard A. Hoose and has been

substituted for him in this action. Lake County Auditor Edward

Zupancic was added as Judge Weaver's co-party by the court of

appeals.

Douglas, J., concurring in part and dissenting in part.

The majority confuses the years in question and the various

judgments of the court of appeals. I would affirm the judgment

of the court of appeals in its findings that, for 1989, the

court's budget should have been increased by $182,996.96 offset

by $49,151 paid from the county general fund for unemployment

compensation, for a net of $133,845.96 to be added to the

court's 1989 budget. I would reverse the court of appeals'

finding as to an interest assessment, although I certainly can

see why the judges of the court of appeals took, in their

wisdom, a position that is both arguable and intellectually

defensible and entered such an order. See, generally, Beifuss

v. Westerville Bd. of Edn. (1988), 37 Ohio St.3d 187, 525

N.E.2d 20.