The Richland County Board of Commissioners met in executive session on Friday afternoon with the Richland County Prosecutor to discuss a dispute that is the subject of imminent and pending litigation.
Richland County Prosecutor Bambi Couch Page and Chief Civil Assistant Prosecuting Attorney Andrew Keller were present at Friday’s executive session meeting. Upon the adjournment of the executive session, Commissioner Ed Olson moved on the advice of counsel that the board approve a resolution authorizing the Richland County Board of Commissioners to apply to the Richland County Court of Common Pleas for the employment of legal counsel for Linda Frary, Clerk of Courts for Common Pleas Court of Richland County. The board approved unanimously.
Couch Page stated the pending litigation requires outside counsel due to a conflict of interest with respect to the prosecutor’s office. Couch Page declined to discuss any further details regarding the matter.
In other news, Olson moved that the board approve a resolution providing for retaining the law firm of Squire Patton Boggs to provide certain legal services in connection with county financings, improvement projects and other financially related matters.
“Allison Binkley of the law firm of Squire Patton Boggs did send draft language for us to retain Squire Patton Boggs to perform bond counsel legal work,” explained Olson. “In the case at hand, we’re in the process of rolling a substantial note or bond refinancing in January to obtain lower interest rates. For the remaining life of the bond we’re going to save over $1 million in interest. This is going to require a considerable amount of legal work estimated at $35,000.”
Olson explained Revised Code 309.06 states if the prosecuting attorney feels something is highly specialized law, such as bond counsel work, the board has the right to seek outside counsel with the concurrence of the prosecuting attorney.
“We can do this on our own up to the prosecuting attorney’s annual salary,” said Olson. “We’re getting too close to the prosecutor’s salary, so if we continue as if through Dec. 31 we’re going to run the risk of being obligated for legal bills in excess of the prosecutor’s salary. We consulted with Attorney Keller and decided to petition the court now.”
The board approved Olson’s resolution unanimously.
