State reneges, new restraining order granted in LCI case

[Susan Martin]

By GREG SOWINSKI
• mailto:gsowinski@limanews.com •
419-993-2090

LIMA - After giving state attorneys a verbal spanking for breaking their promise in an agreement reached with prison unions last week over the closure of Lima Correctional Institution, a judge granted another order stopping the state from moving inmates and starting the layoff procedure.

Judge Jeffrey Reed's decision Friday came at the end of a day that began with the Ohio Civil Service Employees Association filing another lawsuit against the state after learning the state did not plan to honor an agreement it reached with the union last week.

That agreement was reached to settle a similar lawsuit filed in Allen County last month by the union representing guards at the prison. The state had agreed not to transfer inmates or continue with the layoff process.

The most recent lawsuit filed Friday came after union officials got word the state was going to renege on its agreement.

Not only did the state's action upset union members who were calling Ohio Attorney General Jim Petro and his staff members liars, it also angered Judge Reed who referred to the latest case as "hauntingly familiar."

On Friday, Reed granted a temporary restraining order halting the state from proceeding with the LCI closure process for two weeks or until an arbitrator's decision is made.

Assistant Attorney General Elizabeth Smith, who had to bear the brunt of Reed's anger during the hearing, said state officials would meet to discuss their next move. She maintained an Allen County common pleas judge lacked jurisdiction over a case involving state labor laws.

When asked whether the state would go to the Ohio Supreme Court where it had success disputing jurisdiction, she again said state officials need to discuss their next move.

Earlier in the hearing, an angry Reed grilled Smith on the state's intentions all along.

"I do want the record crystal clear there was an agreement? ...There was an agreement that there would be no transfer, there would be no layoffs, paper or otherwise?" Reed said.

"The state had to force their hand," Smith said.

"You entered into the agreement as a sham?" Reed said.

"Absolutely not," Smith said.

Reed reminded the state's attorneys about the careful steps he took to make sure the agreement was clear and both sides were happy.

"You're now telling everybody you're not going to follow that agreement," he said.

Smith said the state wants to resume the layoff process immediately since it may take several months and wants to resume transferring inmates from LCI next Wednesday.

"I feel like I've been backdoored, big time," Reed said.

Smith, at one point, accused the union of using sly tactics.

"They are now trying to sneak in, again, by the back door, the issue of whether the prison should be closed," Smith said.

Also during the hearing, the state maintained delaying the closure of LCI would cost the taxpayers thousands, even millions of dollars.

Following the hearing, Craig Bradford, president of the local union chapter representing guards, said the state's actions clearly showed what behavior, including lying, state officials will take.

Although the union's next step likely will be in response to the state's next move and remains unclear, Bradford vowed the fight is far from over.

"Like I said in the beginning, we're going to keep fighting until they kick us out of the place," he said.

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I can't say this surprises me one bit. It's the same attitude of supremacy the Parole Board has. Do they think that deception and lies are always allowed on their part without censure? They've gotten away with it far too long, it's time for things to change.