YOUNGSTOWN — Tired of the ongoing problems at its current location and what it says is inaction by Mahoning County commissioners, the board of elections passed a resolution asking permission to hire independent legal counsel to represent it in its pursuit of a new facility.

The board voted 3-1 Tuesday on the resolution, with Lisa Robinson casting the lone no vote.

Even with the approval, hiring an attorney is far from a done deal.

The board of elections needs the permission of both the county commissioners and the county prosecutor to allow it to hire the attorney.

While board Chairman David Betras said the last remedy for resolving the issue is to sue the county commissioners, the letter he will send them reads: “The board had hopes to resolve this matter cooperatively. This time has passed and your inaction is an indication of your failure to remedy the situation. The time has arrived that the board is compelled to pursue appropriate legal remedies, including but not limited to: a writ of mandamus to compel the provision of adequate facilities necessary for the performance of statutory election duties, an action for declaratory judgment to clarify the commissioners’ legal obligations concerning election facilities, injunctive relief addressing unsafe working conditions and operational impairment (and) any additional equitable or statutory relief deemed appropriate by the court.”

If the commissioners and the prosecutor don’t sign off on permitting the board to hire an attorney, Betras said the board could petition the common pleas court to allow it to use its funds for a lawyer.

Betras said county prosecutors have already told him that representing the commissioners and the board of elections would be a conflict of interest.

Betras said: “Let me say this for the 100th time: I do not want to engage in litigation with the Mahoning County commissioners. I want to know what our options are so we don’t go down that path.”

Those at the board of elections, particularly Betras, have complained for the past two years about the conditions at the county-owned Oakhill Renaissance Place, 345 Oak Hill Ave., where it is located.

A Sept. 29 waterline puncture flooded the area of the building where the board’s voting equipment is stored. None of the equipment was damaged, but Betras said that was only because it was during work hours and was quickly discovered.

The board’s resolution states Oakhill “is in materially deficient and hazardous condition, including but not limited to the lack of potable water for employees and unsafe building conditions, and such conditions materially impair the board’s ability to safely and effectively conduct elections and fulfill its statutory obligations.”

The board seeks to hire J. Corey Columbo of the McTigue & Columbo law firm in Columbus as special counsel, subject to court approval, “to protect the board’s statutory authority and to ensure the safe and lawful administration of elections,” according to the resolution. The cost could be as much as $500 an hour for the law firm, but Betras said there would be discussions beforehand about what Columbo would do for the board, how many hours of work is needed and the actual costs.

The outside legal counsel would “advise the board regarding its rights, duties and potential legal remedies concerning the provision of adequate facilities,” according to the resolution.

Commissioner Geno DiFabio, who attended Tuesday’s elections board meeting, said: “This building has issues, but it’s where we’re at now. I talked to (board officials) and I’ve told you over and over again, we’re going to come to you with what you need.”

But DiFabio said, “We need to know what you need,” and “We are working to solve the problem at this building and to get you out of here.”

Betras said: “We’ve been told, ‘We’re going to get you out of here. Trust us.’ The last time we were told, ‘Trust us,’ we moved from a building that was completely adequate to a building that is completely inadequate. So we trust, but verify.”

One suggestion that board officials have already ruled out is a proposed $60 million county government facility at the former Eastern Gateway Community College building in downtown Youngstown, saying it won’t have enough parking spaces for voters or a location for drive-up voters.

Robinson said the board needs 22,000-square-feet to properly function. Also, board Director Tom McCabe and Deputy Director Melissa Wasko provided commissioners with a list of what the board needs.

DiFabio called it: “a wish list, a Christmas list.”

Betras said: “It’s not a wish list. It is what the secretary of state” requires.

McCabe said: “How do you talk about a wish list? Portable water is not a wish list. Having an area for early voting, enough parking, isn’t a wish list. This is standard practices. Just sit back and say, “Wish list, Christmas list,’ and just be a smart ass about it. That’s not what this is. These are the minimum requirements.”

In a highly controversial move in 2006, county commissioners purchased the former Southside Hospital, renamed it Oakhill Renaissance Place and moved various agencies there, including the board of elections, which was located at the South Side Annex in Youngstown.

When Betras first introduced the resolution at Tuesday’s meeting, no one else on the four-member board of elections seconded his motion.

The other members wanted to continue discussions with the commissioners about a new building despite Betras, McCabe and Wasko saying it has gotten the board nowhere.

Betras said: “This building is put together with Band-Aids and Scotch tape. This building is past its usable life.”

Betras said he wants to put more pressure on the commissioners. He turned to board Vice Chairwoman Sandra Barger and said, “We’ve been working on this for two years. Are we any further now than we were two years ago?

Barger said, “No, we aren’t. Make the motion again.”

She and board member Denise Bayer voted with Betras to pass the resolution. Robinson said she wanted to have further talks with the commissioners before taking such action.