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 were to submit briefs supporting their position before the March 22 decision date.
Nathan Young III, the commissioners' attorney, said the decision date was rescheduled for multiple reasons, one of which included a medical reason for him. Young said Ben Loring, the excise board's attorney, also had a conflict.
"It's just one of those things," Young said.
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, which Young claims is contrary to law. 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.
Loring claims that the law states that the excise board has the final say when it comes to the budget.
Judge Norman will decide if the writ of mandamus will be implemented against the excise board. The writ would require the excise board to adapt and implement the estimate of needs for county offices as approved by the commissioners.
