Despite being sued by the Butler County commissioners, county Controller Jack McMillin continues to challenge Butler County Community College's right to a $1.23 million appropriation.

McMillin maintains the college has not provided sufficient documentation proving satellite campuses in Mercer and Lawrence counties won't be funded by Butler County taxpayers and students.

He said at the commissioners meeting Wednesday the college has a more than $9 million surplus as shown in a June 2009 audit report.

"I have an open book test for Mr. (Nick) Neupauer (college president) and the trustees: read your own audit," McMillin said.

Attorney James Coulter, college solicitor, said in an interview the $9 million number reflects what BC3 had on that particular day last summer.

Coulter said the college now has roughly $4 million after paying expenses since then.

Along with $2.8 million dedicated for projects already planned, he said $1.2 million is the remaining surplus.

McMillin disagreed.

"I won't even attempt to comment on an attorney's interpretation of an audit," he said in an interview.

Coulter said McMillin does not have the right to withhold the county's payment to the college.

"The role of the controller is not to determine the college's level of funding," Coulter said.

McMillin said county funding of the college has increased by 33 percent during the past decade, $3.7 million to $4.9 million, with the state's contribution and tuition doubling during that same period.

"And yet, the surplus grows," he said during the meeting.

Coulter said the county contribution to the college's general fund has remained static, but the total amount increased because of building projects.

He said the county contributes to operational and capital improvement costs at BC3.

McMillin insisted the college does not require the amount it continues to receive from the county.

"Is it to aid them in their march to the shores of Lake Erie?" he asked sarcastically.

BC3 officials previously discussed the possibility of opening a satellite campus in Erie.

Coulter said that idea is far from becoming a reality.

"That's not on the drawing board right now," he said.

Coulter pointed out the college's planned expansion resulted from input by the state to expand into other counties.

"The state nudges us to provide our services," he said.

McMillin said the college receives significantly more funding than other community colleges across the state.

County Commissioner Dale Pinkerton, board chairman, said in an interview the college receives more money because it continues to undertake capital improvements.

He said the college has demonstrated the new satellite campuses will not only pay for themselves, but earn a profit.

McMillin accused BC3 officials of holding a "rally" two weeks ago to present their case.

"The rally did nothing other than emotionally upset 20-year-old students into believing they somehow would not graduate from BC3," he said.

Coulter said the presentation at the college April 8 was not a rally, but was done in a format to avoid a confrontation.

"So it was orderly and not a shouting match," he said.

The county and BC3 on April 14 filed a lawsuit against McMillin to force him to release the money.

The filing asks the court to issue a peremptory judgment against McMillin requiring immediate payment of the $1.23 million and not withholding future payments in 2010.

He has 20 days from Monday, the day he was served the lawsuit, to file a response.

County Judge Michael Yeager is assigned to hear the case.

However, the lawsuit might be dropped if the college begins an independent cost analysis of the satellite campuses. McMillin sent a memo to county solicitor Julie Graham stating he would release the money upon confirmation such a study was under way.

The 2010 county budget includes the total $4.9 million allotment to the college.