"It's not a victory for anyone," Nate Young, Tahlequah attorney said. "It's like winning the lottery after your dead."
The county commissioners and county excise board have fought over who has final say over the county budget for the past three years. The battle was settled last month when David Morgan of Muldrow replaced Dan Shamblin, also of Muldrow, on the excise board, and Morgan voted with another new excise board member, Yvonne Nance, in favor of the county commissioners' budget for 2005-6.
The two boards' battle over budget control went to court several times, and, in the case of the 2003-4 budget, District Judge Mike Norman ruled that the commissioners' budget should be adopted. But, he added, his decision did not effect the 2003-4 budget, since the year was nearly gone, but should provide guidelines for the 2004-5 budget year.
The excise board and County Clerk Donna Jamison appealed the judge's ruling and Judge Norman's ruling eventually went to the State Court of Civil Appeals.
That court ruled Oct. 21 against Norman's decision in favor of the county commissioners.
In the 2003-4 budget, the county commissioners set aside money for Sequoyah County 9-1-1 and the Sequoyah County Criminal Justice Authority which operates the county jail.
County excise board members contended they were required by law to fund constitutional offices first, which include the elected offices of the county sheriff, county clerk, county treasurer, and court clerk. And, in the 2003-4 budget, they withdrew the money budgeted for 9-1-1 and the jail, which prompted the county commissioners' lawsuit.
The appeals court, citing state law and other court cases, ruled that the excise "board had authority to deny funding for the Jail Trust Authority"...and "Both the Jail Trust Authority and the 9-1-1 Trust Authority are entities ' merely authorized but not required' by law."
The appeals court also ruled, "We reiterate...it is the County Excise Board, not the Board of County Commissioners, that is statutorily ' charged with the duty of requiring adequate provision for performance of mandatory constitutional...governmental functions within the means available...And, although the Commissioners may be permitted to collaborate in the budget reduction process, (state law) states ''the final order shall be that of the county excise board.'"
The appeals court judges also ruled ' ...county excise boards have the final approval of and ultimate authority over county budgets.'"
District 3 County Commissioner Cleon Harrell said last week, after hearing about the appeals court decision, that their decision had no impact on this year's budget.
The county commissioners' 2005-6 budget was written by a professional budget maker, and was approved by the excise board by a vote of two to one. The budget does not include money for the 9-1-1 service or the county jail. Both those agencies are seeking funds elsewhere - the 9-1-1 service from additional fees including a 50-cent cell phone fee which voters will decide on Dec. 13. The jail authority is seeking additional funding by housing prisoners for the State Department of Corrections.
Harrell said he doubts there will be any further legal action on the 2003-4 budget.
Young said the legal proceedings over the 2003-4 budget "is over with.
"The county has a new excise board and they are going to work with the county commissioners because they realize they have a duty to the people of Sequoyah County. The real winners are the people of Sequoyah County," Young said.
