STRYKER – No action was taken after officials met in executive session for two hours to discuss pending litigation following a court ruling involving the City of Toledo versus Lucas County, Defiance County, Fulton County, Henry County, Williams County and the Corrections Center of Northwest Ohio (CCNO).
CCNO board members met in executive session Thursday morning for the purpose of discussing pending and possible litigation.
The retired judge assigned to the case, Linton Lewis Jr., ruled Lucas County must pay the pretrial costs of persons charged with misdemeanors by Toledo police and incarcerated at CCNO.
Also, Dennis Sullivan, Director of Security and Operations at CCNO stated, “The decision does make it clear that Toledo is bound by the Fourth Amended Agreement which obligates the City to pay for 228 beds and 35.65 percent of the operational costs.
The City of Toledo had filed a lawsuit Dec. 7 to determine who is responsible to pay for inmate beds at the CCNO. The lawsuit filed in Lucas County Common Pleas Court named CCNO and members – Fulton, Henry, Defiance, Williams, and Lucas counties.
Williams County Commissioner Al Word asked that the board meet in executive session Thursday that did not include Toledo because they had sued the members.
Toledo Mayor Paula Hicks-Hudson said she came to the board meeting to openly discuss the issues. She said she wanted to resolve the matter and move forward.
CCNO Attorney Marc Fishel said there is no legal authority to exclude board members although Toledo could graciously excuse itself. He said all board members have a dual responsibility to serve the best interest of CCNO as well as the jurisdictions they represent. He emphasized that everything said in the executive session cannot be revealed or used to benefit other jurisdictions that could result in the detriment to CCNO’s case.
Two hours later, board members came out of executive session and went into regular session. Fishel said a proposal was discussed with no action taken by the board. He said board members were not in a position to agree to what was being proposed for many reasons. He said at this point, the CCNO Fourth Amended and Restated Operating Agreement remained in effect per the ruling and Toledo should pay the $1.3 million by July 1 that is owed CCNO.
As of Enterprise press time, it had not been paid.