Commissioners decline to approve outside counsel for auditor at workshop after heated discussion

At the March 19 Trumbull County commissioners workshop the board considered a request to join the county prosecuting attorney in seeking court appointment of outside counsel for Auditor Martha Yoder but ultimately removed the item from the agenda after extended debate.

The prosecutor’s office asked the commissioners to approve filing with the Trumbull County Court of Common Pleas to appoint attorney Jared Wagner and the law firm (referred to in the transcript as) Grama & Green to represent the auditor on defense of her budget and related litigation. The request was presented as a required procedural step if the auditor’s office sought independent counsel due to an asserted conflict.

Trumbull County Prosecuting Attorney (role identified in the transcript) told commissioners there is precedent for an auditor or other elected official to seek the court’s assistance where a conflict exists. The prosecutor said a failure by the board to approve outside counsel could lead the auditor to file a mandamus action; the prosecutor described precedent where courts have ordered such appointments. He characterized the suggestion as possible, not definite: "it's speculative at this point, but there is a possibility that the next step would be this attorney on behalf of the auditor filing that mandamus action against the board of commissioners to force you guys to do it."

Commissioner reactions and concerns Some commissioners argued the cost of outside counsel could further strain county finances and possibly force layoffs. One commissioner questioned spending outside counsel fees "$200 an hour" and asked whether that expense would be borne from the county general fund. Another commissioner directly said he would not vote to hire outside counsel and urged the auditor to reconsider litigation and instead reallocate budget dollars to preserve staff positions.

Several department heads and elected officials who spoke later in the meeting said layoffs and reductions could trigger union grievances and arbitration costs. County staff warned that the financial consequences of litigation and subsequent arbitration could also raise long-term costs.

Action taken Rather than approve the prosecutor’s request to join in filing for appointment of outside counsel, the commissioners removed the item from the agenda. The transcript records commissioners saying they would "axe it" from the agenda; one commissioner said he believed the auditor should attend the meeting and discuss the budget directly.

Ending The commissioners did not approve a vote to retain outside counsel at the March 19 workshop. The prosecutor explained the court path remains available to the auditor; commissioners warned litigation would cost county funds and could affect staffing. The transcript shows the item was removed from the agenda rather than approved.