A writ of mandamus hearing between the commissioners and the excise board members was held Feb. 20 before Muskogee County District Judge Mike Norman at the Muskogee County Courthouse. Both sides will submit briefs supporting their position before the decision date.
The battle revolves around the excise board's decision last year to change the budget that the commissioners submitted and cut $214,000 in funding for the operation of the Sequoyah County Jail. The board noted that the jail authority had about $1 million in reserve from sales tax revenue to operate the jail and did not need to be funded through the county budget. The excise board also reduced the money designated for the county's 911 program from $60,000 to $45,000.
Nathan Young III, the commissioners' attorney, said in the writ that it was contrary to law to not fund the jail authority.
Young said other issues separate from the budget will not be decided by the judge, including an issue over the signature page signed by the commissioners that was attached to the budget. Young said the commissioners' signatures were attached to a budget that the commissioners did not approve, and sent to the state auditor. Young has called that fraud.
Young said that Norman wouldn't make a decision about the signature page because it is not a civil issue. Young alleges it is a criminal issue. He said the signature page issue will have to be handled independently of Judge Norman. Other issues out of Norman's jurisdiction include commissioners' problems with past audits with the county clerk's office and county bills that have not been paid in a timely manner, Young said.
"Win or lose on the budget issue, these other issues are totally separate, and they are going to be resolved," Young said.
Ben Loring, first assistant district attorney for Delaware and Ottawa Counties, is representing the excise board in the dispute with the commissioners.
Loring said the case will decide the exact authority of the county commissioners and the excise board in setting the budget.
"Our position is that the final say-so is the excise board's," Loring said.
Loring said the law states that the excise board has the final say when it comes to the budget.
"The judge said this is a case with no middle ground," Loring said. "It will be one budget or the other."
Judge Norman will decide if the writ of mandamus will be enforced against the excise board. The writ would direct the excise board to adapt and implement the estimate of needs for county offices as approved by the commissioners.
The commissioners filed the legal action against the excise board and the county clerk's office in district court in December.
