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Municipal prosecutors refuse county's money as fight with city continues

Legal battle looms after sides fail to reach deal on what is fair share for each side to pay.

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By Tiffany Y. Latta, Staff Writer Updated 7:43 AM Friday, October 21, 2011

SPRINGFIELD — Municipal prosecutors have refused to accept money toward their salaries from the Clark County commissioners, the latest turn in an increasingly contentious disagreement.

The dispute between the Clark County commissioners and city officials over the municipal court building may become the biggest fight the entities have had in decades over money.

In the 1980s, officials battled in court after struggling to reach a lease agreement on the Clark County Municipal Court and County Officers building, which the county built in 1988.

Officials reached an out-of-court settlement and signed the first lease agreement in 1989. Now, they may be headed toward another legal fight as negotiations on a new lease agreement have dragged on since the last five-year lease expired Dec. 31, 2009.

The argument became public this week when county commissioners stated they have discussed taking over the city prosecutor’s office and could operate the office more efficiently than city leaders.

County commissioners also went against the city’s request for $260,000 toward the city prosecutor’s $500,000 annual budget and instead voted unanimously to pay the city’s four prosecutors each $1,000 per year.

City prosecutors on Tuesday refused to accept money from the county at the direction of Springfield administrators, said City Law Director Jerry Strozdas.

“It’s absurdly inadequate and doesn’t come close to fulfilling their legal obligation,” Strozdas said.

The county commissioners’ actions this week put negotiations at an impasse and city officials are now consulting with administrators and considering their legal options, City Manager Jim Bodenmiller said.

Friction between the two sides has grown more intense, Strozdas and County Administrator Nathan Kennedy said, due in part to their tight budgets.

“It’s more contentious because the city and the county don’t have any money. The city is coming up with changes that have not been there in the past, such as the statute regarding the prosecutor’s office. Those two elements by themselves have created more tension between the two parties,” Kennedy said.

Among the issues of contention: Officials cannot agree on terms of a new lease and which entity is responsible for certain costs such as maintenance, security personnel, parking, and the sum the county should pay city prosecutors as required by law.

Previous agreements indicate only the city can terminate the agreement between the entities and requires the city pay the county for municipal court maintenance and prisoner food costs.

But since the agreement expired in 2009, Bodenmiller said the city has not paid maintenance costs.

In addition, the Ohio Revised Code requires county commissioners pay a “reasonable” amount to the city prosecutors office, but county commissioners weren’t aware of the statute until city officials discovered it recently.

County commissioners on Tuesday approved a resolution to pay the four city prosecutors $1,000 annually, an amount similar to what counties of similar size to Clark County pay their prosecutors.

The agreement would have netted City Prosecutor Michael Sheils, and assistant prosecutors Theresa Huenke and Christopher Hickey $6,000 each.

Assistant City Prosecutor Elizabeth Smith, who was hired about three years ago, was to get a prorated $3,416. In all, the county wrote checks totalling $21,416 in back pay from 2006 through 2011 to city prosecutors.

But Sheils said on Thursday he would not accept the checks “without further direction from city administration.”

County Commissioner John Detrick said he hopes the sides will reach a fair agreement.

“The talks have been ongoing, but right now they’re not the happiest,” Detrick said. “I’m optimistic we’re going to get things worked out. We have to look at the big picture and save taxpayers money and be fair to the city.”

But Detrick and County Commissioner Richard Lohnes said earlier this week that commissioners could run the prosecutor’s office more efficiently than the county and save money.

“We are looking down the road at us taking it over instead of letting (the city of Springfield) continue to run it,” Detrick said, adding that city prosecutors earn more than most county prosecutor staff.

County prosecutor annual pay information wasn’t available on Thursday, so that data couldn’t be accurately compared to city salaries.

City officials say they have no plans of doing away with the city’s prosecutor’s office and dispute the county commissioners’ claims that city employees are overpaid.

“I think we do a good job with our city prosecutor’s office and it’s my intention to continue,” Bodenmiller said.

Clark County Prosecutor Andy Wilson said the county could take over the city prosecutor’s office even if city officials don’t approve.

Wilson said county commissioners could ask state representatives to pass legislation supporting their efforts.

State Rep. Ross McGregor, R-Springfield, said the city and the county need to work toward a resolution and that it concerns him that both sides can’t reach a mutual agreement.

He also said he would consider supporting county commissioners taking over the city prosecutors office if doing so saved money.

“I would certainly be willing to listen to the argument, specifically if it would allow us to save taxpayer dollars,” McGregor said.

“I don’t know why there are two departments in a community this size,” McGregor said. “Maybe if we were the size of Columbus it would warrant municipal prosecutors and county prosecutors. But I don’t know why in Springfield we can’t operate under one.”

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