Afraid to Monitor Leis?

A prominent elected official believes Hamilton County commissioners are afraid to properly exercise their oversight of how Sheriff Simon Leis Jr. spends his budget.

Statements by two Democratic county commissioners that much of the money the sheriff confiscates from criminals cannot be used for intervention and treatment programs for county jail inmates is simply wrong, according to their Republican counterpart.

County Commissioner Pat DeWine took issue with recent remarks made to CityBeat by commissioners Todd Portune and David Pepper about the sheriff’s drug asset forfeiture fund. The pair said that state and federal law requires the forfeiture funds not be spent on usual operating expenses. Instead, they must be used to pay for new or special crime prevention programs and not to supplement existing items, unless those items were first paid for using forfeited cash.

DeWine played a key role in helping defeat Issue 27 at the polls earlier this month. If approved, the proposed sales tax increase would’ve raised $736 million over a 15-year period to build a new jail and pay for various intervention and treatment programs to lower inmate recidivism.

During the campaign, DeWine and other anti-tax activists said that Leis wastes forfeited money and other funds that could be put to better use. They cited such items as a tank purchased by the sheriff’s office using a federal Homeland Security grant, as well as speedboats, helicopters, construction of a heliport, coloring books and Teddy Bears for a children’s anti-drug program.

DeWine noted that the forfeiture money is actually contained in several accounts, most of it governed by state law and some by federal law. County officials have much more flexibility with the state-controlled portion, contrary to Portune and Pepper’s claims, he added.

The uses to which funds deposited into the sheriff’s Law Enforcement Trust Fund may be spent include “for other law enforcement purposes that the … county sheriff … determines to be appropriate,” according to Ohio Revised Code 2981.13(c)(2)(a)(v).

“They are completely misstating the law,” DeWine said. “(The sheriff) can basically spend those funds for any law enforcement purposes he chooses.”

Under the forfeiture laws, law enforcement agencies are allowed to seize some money and property from people convicted of felony drug offenses. The sheriff’s forfeiture fund receives between $600,000 and $700,000 each year. Now that Issue 27 failed, Portune and Pepper are talking with Leis about using between $100,000 and $200,000 for new inmate treatment programs and are awaiting a further analysis by the sheriff, they said.

DeWine said more could be used for the inmate programs but that Portune and Pepper lack the will to pressure the politically popular Leis.

Also, DeWine noted that the sheriff’s office wasn’t charging the city of Cincinnati for inmates housed at the county jail for violating city laws, such as its stiffer marijuana penalties. County administrators believe they could generate about $500,000 from that source next year, but the amount might be higher.

Faced with its own budget crisis, the city of Toledo recently cancelled most city ordinances in favor of using state laws to save on prisoner housing costs. Toledo estimates it will save $1.7 million next year.

“We’ve been charging everyone but the city of Cincinnati. We’re doing an audit on all of that,” Pepper said. “I will say I am troubled about why we haven’t been collecting it.”

DeWine said, “This will force the municipalities to look at the costs of the legislation they pass.”

Although some fellow Republicans have criticized him for his role in defeating Issue 27, DeWine points to actions and revelations in recent weeks as vindication of his stance. Besides discovering that the sheriff’s office isn’t charging the city and can dig into the forfeiture account if it wants, DeWine learned that contracts were never signed in the 1980s to allow the housing of federal inmates at the county jail, which has become standard practice.

“When you start poking into it, it’s amazing what you find,” DeWine said.

For his part, Pepper disputes DeWine’s claims about how much remains in the sheriff’s surplus forfeiture accounts. DeWine has stated there is about $6 million available, but Pepper said some money is tied up due to pending court cases, and there’s actually about $3 million.

“From my reading, the state money is more flexible but you can’t supplant the federal money,” Pepper said.

— Kevin Osborne

Comments

[Flipity Flopity]

Pepper said the Sheriff's drug funds couldn't be used, now they want some of it, but why such a small percentage of it?

It looks like the city will be forced to repeal his marijuana ordinance as well. I can't believe Portune and Pepper would impose a huge and regressive tax without bothering to make these obvious reforms.

It just goes to show that the CSP wasn't so comprehensive after all. I'm glad they are back at the drawing board. We really did deserve a better plan.

[David E. Gallaher]

Semper Si and I, old jar heads, have the same effect on people as Javier Bardem's character did in the movie No Country for Old Men.

Years ago, as I was congratulating a local lawyer for his victory in a First Amendment case against Semper Si, I asked how Semper could flout the law as he had so flagrantly done.

Well, being a lawyer, that lawyer took questions on a case-by-case basis, so his answer was unsatisfying.
Nevertheless, here we still are, eh? Up sort of a creek.

[CincyJeff]

It's pretty sad when the only people who have the courage to monitor Leis, besides Pat DeWine, are a few ordinary citizens. They have to take time out of their day to hold Leis accountable, but the people who are paid to do this refuse to do their jobs.