"The decision will not affect the 2003-4 budget year, but provides the guidelines for the 2004-5 budget year," according to District Judge Mike Norman's order.
The conflict centered on 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 to operate the jail and did not need to be funded through the county budget. The reserve was generated by one-third of a half-cent sales tax approved by voters.
Commissioners Cleon Harrell, Lewis Warren, and Bruce Tabor filed a protest against the excise board and Donna Jamison, county clerk, after they learned that the budget they signed was changed by the excise board before it was sent to the state auditor's office. They argued jail operation reserve money will be depleted as the new jail began operation. The commissioners protested the excise board's deletion of $60,000 in funding for the Sequoyah County 911 system.
Excise board members, which include Dan Shamblin, Bill Burgess, and Charles Sloan, argued that they have the right to shift funds when necessary.
Ben Loring, Ottawa County Assistant District Attorney who represented the excise board, did not return phone calls fromYour TIMES.
Young said he anticipated the excise board members will appeal the ruling.
"Maybe this is an issue the Supreme Court needs to rule upon,"
