WARREN — Trumbull County Commissioner Tony Bernard on Tuesday questioned what would happen if the county decides not to pay the costs associated with Bazetta’s lawsuit against Auditor Martha Yoder for her not returning more than $80,000 a county employee mistakenly sent to a fake bank account.

The county has paid $1,630 to the law firm of Isaac Wiles Burkholder & Miller LLC in connection with the lawsuit filed against Yoder by Bazetta trustees, according to a March 17 document provided by the auditor’s office.

Trumbull County Common Pleas Court Judge Sarah Kovoor last month in a mandamus ruling stated that Yoder is required to provide the township $80,857.18 that was sent to Green Dot Bank. The employee in the auditor’s office was convinced that Bazetta had changed its bank from Huntington Bank to the web-based bank located in California.

Kovoor, in her ruling, outlined numerous instances in the communications between the auditor’s office and the cybercriminal scheme that should have presented red flags that the transfer should not have occurred.

However, Yoder and her legal team on April 28 decided to file an appeal.

In the filing, Attorney Aaron M. Glasgow of Isaac Wiles Burkholder & Miller LLC questioned whether the trial court erred in granting a writ of mandamus and if Yoder should have been granted immunity under Ohio law.

Bernard said, in his opinion, since the judge ruled against Yoder, the county should not have to continue paying her legal costs for an appeal.

“Are we obligated to pay that?” Bernard questioned. “The old board passed a resolution stating that they will pay for the attorney fees in that court case.”

Attorney Bill Danso, who attends the commissioners meetings as a representative of the Trumbull County Prosecutor’s Office, said because his office has a conflict of interest because it represents the township and the auditor’s office he cannot provide any legal advice in connection with the case.

However, Danso noted, an attorney representing a client will continue to work with that client through the appeals process.

“What would happen if we do not pay her lawyer for the appeal?” Bernard questioned.

“It is not something we can revote on?” Commissioner Rick Hernandez asked.

“Because it is you taking action against the auditor’s office, that’s something the board will likely need independent counsel to determine,” Danso said.

Bazetta Township Trustee Michael Hovis during the trustees meeting noted the township has incurred $11,191 in legal fees and numerous administrative hours looking into and responding to public record requests.

“The auditor has filed an appeal with the 11th District Court of Appeals, which is very disappointing as it will cost our residents and the residents of Trumbull County more legal fees,” Hovis noted. “It will also drag out the case for an additional six to nine months.”