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Sheriff William Johnson will have his day in court, but he’ll have to wait another 3 1/2 months to get it.
Judge Fred Inderlied will hear the sheriff’s mandamus request Nov. 15, 16 and 17 in Ashtabula County Common Pleas Court, a court official said Wednesday. Inderlied, a retired judge from Geauga County, was appointed to the case by the Ohio Supreme Court after Ashtabula County’s Common Pleas judges excused themselves from the case.
Inderlied was to hear today the injunction and declaratory judgment request filed against the sheriff by Ashtabula County commissioners three weeks ago. However, commissioners voted Tuesday to withdraw that complaint.
Still standing, however, was Johnson’s original request to the court for a ruling on the board’s responsibility in funding the sheriff’s statutory duties.
Inderlied met in chamber with counsel from both sides on Wednesday morning, before setting aside three days in November to hear the case.
Sheriff William Johnson said he’s pleased that the court will be reviewing the issue yet this year.
“I’m happy about (the November date). These are issues that need to be resolved,” Johnson said.
The sheriff said that “collectively” he and the commissioners are on the same page when it comes to funding. The issue is over responsibilities and mandates, and who has the legal obligation to fund those. That’s what the court will have to decide.
Ironically, before the court addresses the 2010 budget’s issues, Johnson and commissioners will be well on their way toward setting the 2011 appropriations. Commissioners have scheduled budget meetings with department heads and elected officials beginning Aug. 30.
Johnson said he doesn’t like having to take legal action, but added that “It’s better to get this resolved now rather than go through it each and every year.”
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