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Board members approved 11 changes to the CCNO operating agreement that were recommended a month ago by a special ad hoc committee. Action had been delayed on two occasions at the request of Toledo and Lucas County officials to allow continued talks between the two groups.
Adam Loukx, law department director for the City of Toledo, at the beginning of the meeting had asked that each of the 11 changes be discussed and acted upon separately but Lucas County Commissioner Pete Gerken argued that officials had have the proposals for more than a month. Mr. Loukx also noted that many of the amendments were contrary to law in his opinion. He also noted that the City requested CCNO's counsel be present at the meeting and they were not accommodated in their request.
Under the newly revised operating agreement, the City of Toledo is fiscally responsible for the costs of incarcerating its offenders regardless of the criminal code. Back in October, Toledo asked that it no longer be billed as it was arresting offenders under state law instead of the city’s municipal codes. That action shifted the incarceration costs to Lucas County.
Mr. Loukx said Toledo has 228 beds and continues to pay for those 228 beds. The issue is who pays for using those 228 beds, arguing that Toledo no longer has a legal obligation as it charges its inmates under the Ohio Revised Code making Lucas County responsible for the costs. He said Toledo is the only municipal member of the board and is being singled out. He said the fight about who pays for the actual use of the beds is between Lucas County and Toledo and it has put CCNO officials in an awkward position.
Mr. Gerken said the CCNO billing system was never based on the Ohio Revised Code but on the CCNO partnership itself. He said despite the action taken by the CCNO board, Lucas County and the City of Toledo will continue talks to resolve the issue of who is responsible for the incarceration of Toledo’s inmates.
Fulton County Commissioner Jeff Rupp said that while the law says Toledo should not have to pay for incarcerating inmates it needs to do what is right. He asked that Lucas County and Toledo work something out because the conflict is having a huge impact on CCNO.
The proposed changes to the operating agreement were approved by a 9 to 2 vote with one abstaining. The two no votes came from the City of Toledo. It was at the close of the meeting that the City of Toledo gave written notice of its plans to withdraw from CCNO by December 2018.
Board members met in executive session for 53 minutes to discuss a matter that is the subject of possible court action and to discuss matters required to be kept confidential by federal law or regulations (HIPAA).
In open session, Jim Dennis, CCNO Executive Director recommended, and the Board has approved, an independent review to be conducted following the December 2014 death of an inmate, whose death was attributed to heroin overdose, according to the coroner's report. Citing the escalating epidemic of heroin use and addiction in the community at large and in the inmate population CCNO services, the Board unanimously approved the measure. Further details regarding the inmate and his care cannot be released due to the Health Insurance Portability and Accountability Act's privacy regulations. The review will examine applicable policies, procedures and protocols of CCNO and its contracted providers to verify and validate the appropriateness of such protocols, policies and procedures and recommend any appropriate modifications.
This site was updated on October 25, 2016