Commissioners to Leis: Back off

Hamilton County commissioners reacted angrily today to a letter by Sheriff Simon Leis Jr. urging them to unilaterally impose a sales tax increase to pay for a new jail.

In the letter, Leis advises commissioners to impose a tax to pay for a jail or he may start releasing early some prisoners who might be dangerous.

In his typical brusque fashion, Leis warned commissioners they have a statutory duty to provide adequate jail space and could face personal liability if an inmate released early because of lack of space “committed some heinous crime when he should have been in jail.”

“He’s the one who will be liable,” countered Commissioner Todd Portune, noting Ohio law calls for the sheriff, as an independently elected official, to run the jail, including determining who should be released early.

Ohio law allows commissioners to impose a sales tax increase without a vote of the people. Such an increase would be subject to referendum.

The letter comes after a proposed quarter-cent sales tax increase was defeated by Hamilton County voters in the Nov. 7 election. The tax would have paid for a $230 million jail and $30 million property tax rollback.

Hamilton County is spending $55 per prison per day to house about 300 of its prisoners in Butler County.

Leis said commissioners need to make a decision.

"Personally, I believe you would garner a great deal of respect if you have the backbone to make this tough decision,” Leis told them.

They said he needs to face reality and remember that Issue 12, the proposed sales tax increase Leis endorsed to fund a new jail, was rejected by voters.

“As far as I know, we still live in a democracy and the voters spoke on that,” Commissioner Pat DeWine said.

Leis' tactics, they said, is the opposite of the help needed to convince voters to help pay for a new jail.

“(Leis) has to work cooperatively with us. The prosecutor (Joe Deters) has to work cooperatively. These guys ran the (Issue 12) campaign and that was defeated Nov. 7. That was Si’s plan,” Portune said.

The sales tax issue was defeated 57 percent to 43 percent.

Leis’ stance today also conflicts, Portune said, with what the sheriff told him and other officials in a meeting last month to discuss what to do after the defeat of Issue 12.

At that meeting, Portune said, Leis told him the commissioners must continue to house Hamilton County’s excess prisoners at the Butler County jail – at a cost about $7 million per year.

Leis also said he’d make sure not to release anyone who was a danger to society.

“How does this letter square with that?” Portune wondered, upset that Leis’ letter went to the media before it went to the commissioners.

Leis wasn’t available to comment.

The letter: