IN THE SUPREME COURT OF OHIO

THE STATE OF OHIO, ex rel. CASE NO. -r'^" ,.THE LORAIN COUNTY.. - . . . . '"„! `'t,^'. . . . .

COMMISSIONERS,226 Middle Avenue, Fourth FloorElyria, OH 44035 ORIGINAL ACTION IN PROHIBITION

Relators,

V.

THE COURT OF COMMON PLEASOF LORAIN COUNTY, OHIO,Lorain County Justice Center225 Court St.Elyria, OH 44035

and

TIIE HONORABLE JAMES M. BURGEAdministrative JudgeLorain County Justice Center225 Court St.Elyria, OH 44035

Respondents.

COMPLAINT FOR A WRIT OF PROHIBITIONAND SUPPORTING AFFIDAVITS

Robert E. Cahill (0072918)James L. McCrystal, Jr. (0017492)E. John Brzytwa (0013466)Brzytwa Quick & McCrystal LLC1660 West 2"a Street, Suite 900Cleveland, Ohio 44113-1411 'I(216) 664-6900; (216) 664-6901 (Fax)CAHILL@BQMLAW.COM

MCCRYSTAL (QiBQMLAW.COM

BRZYTWA(a-)/BQMLAW.COIvIAttorneys for Relators ;' . N s

IN THE SUPREME COURT OF OHIO

THE STATE OF OHIO, ex reL CASE NO.THE LORAIN COUNTYCOMMISSIONERS,226 Middle Avenue, Fourth FloorElyria, OH 44035 ORIGINAL ACTION IN PROHIBITION

Relators,

V.

THE COURT OF COMMON PLEASOF LORAIN COUNTY, OHIO,Lorain County Justice Center225 Court St.Elyria, OH 44035

and

THE HONORABLE JAMES M. BURGEAdministrative JudgeLorain County Justice Center225 Court St.Elyria, OH 44035

Respondents.

COMPLAINT FOR A WRIT OF PROHIBITION

NOW COMES the Relators, the Lorain County Commissioners Ted Kalo, Lori Kokoski,

and Tom Williams, and through their attorneys, and hereby seek the immediate issuance of an

Alternative Writ of Prohibition to Provide R.elators with immediate relief and prevent

Respondents from enforcing the August 27, 2014 Order mandating that the Commissioners

appropriate $124,953.20 to the Lorain County Sheriff by September 13, 2014 until the briefing is

completed in this Original Action and this Court makes a final decision as to the Writ of

Prohibition. Relators further seek the permanent issuance of a Writ of Prohibition. The Relators

invoke this Court's original jurisdiction and for their Complaint state as follows:

JURISDICITON

L This Court has jurisdiction over this matter pursuant to Article IV, Section

2(B)(1)(d) of the Ohio Constitution.

PARTIES

2. Relators, the Lorain County Commissioners Ted Kalo, Lori Kokoski, and Tom

Williams, are the duly elected Commissioners of Lorain County, Ohio, and they maintain their

principal offices at 226 Middle Avenue, Fourth Floor, Elyria, OH 44035.

3. Respondents are the Court of Common Pleas of Lorain County and the Honorable

James M. Burge, Administrative Judge for the Court of Common Pleas of Lorain County. Judge

Burge's principal office is located at Lorain County Justice Center, 225 Court St., Elyria, OH

44035.

FACTS

4. On Thursday, July 24, 2014, Respondent James M. Burge, Administrative Judge

of the Court of Common Pleas of Lorain County entered a Journal Entry that was journalized at

11:06 a.m., without any dispute pending before the Court, which ordered the Commissioners to

provide "the Lorain County Adult Probation Department immediate and complete access to the

2d floor of the Old Courthouse" on or before noon of July 25, 2014. A copy of the July 24, 2014

Order is attached as Cordes Exhibit A to the Affidavit of James R. Cordes, which is attached

hereto as Exhibit 1.1

1 A scanned copy of the Affidavit of James R. Cordes is attached hereto. The originalaffidavit will be filed with the Court upon its receipt.

3

5. Judge Burge's July 24, 2014 Order gave the Commissioners less than 25 hours to

comply with the Order. (Exhibit 1).

6. The Adult Probation Department did not wait until noon on July 25, 2014 to start

occupying the second floor of the Old Courthouse.

7. Vdhile responding to a reported problem on tlie second floor of the Old

Courthouse during the afternoon of July 24, 2014, Lorain County's Director of Facilities Karen

Davis observed that the Director of Adult Probation had moved furnishings and equipment into

room 205 and that the lock to that room had been changed. The Affidavit of Karen Davis, which

is attached hereto as Exhibit 2.2

8. On Friday, July 25, 2014, Lorain County Administrator James R. Cordes wrote a

letter to Judge Burge notifying him of the Commissioners intent to seek a lWrit of Prohibition in

the Supreme Court of Ohio in response to the July 24, 2014 Order. A copy of Mr. Cordes' July

25, 2014 letter to Judge Burge is attached to the Affidavit of James R. Cordes as Cordes Exhibit

B.

9. On July 25, 2015, the Lorain County Coinmissioners, through counsel, filed a

Motion to Stay Enforcement of the July 24, 2014 Order with the Clerk of Courts for Lorain

County seeking a stay of enforcement of the order for fourteen days so that a Writ of Prohibition

could be filed in the Supreme Court of Ohio. A copy of the Lorain County Commissioners'

Motion to Stay Enforcement of the July 24 Order is attached to the Affidavit of James R. Cordes

as Cordes Exhibit C.

2 A scanned copy of the Affidavit of Karen Davis is attached hereto. The originalaffidavit will be filed with the Court upon its receipt.

4

10. The Adult Probation Department disregarded the Commissioners' intention to

seek a Writ of Prohibition in the Supreme Court of Ohio and began moving into the second floor

of the Old Courthouse.

11. In the afternoon of July 25, 2013, Director of Facilities Karen Davis received a

work order request stating that Young's Locksmith would be at the Old Courthouse to change

locks on the second floor of the Old Courthouse. (Exhibit 2).

12. When Director of Facilities Karen Davis arrived on the second floor of the Old

Courthouse on the afternoon of July 25, 2014, Young's Locksmith had already changed the locks

on eleven or twelve doors on the second floor. (Exhibit 2).

13. While on the second floor of the Old Courthouse on the afternoon of July 25,

2014, Director of Facilities Karen Davis also observed that additional furnishings and equipment

of the Adult Probation Department had been moved into some of the rooms on the second floor

of the Old Courthouse. (Exhibit 2).

14. On Monday, July 28, 2014, Judge Burge vacated the July 24, 2014 Order thereby

precluding the Commissioners an opportunity to challenge the order by seeking a Writ of

Prohibition in the Supreme Court of Ohio. (Exhibit 1).

15. On July 31, 2014, Judge Burge sent a letter to Lorain County Sheriff Phil

Stammitti regarding a Physical Security Assessment the Court received for the Lorain County

Adult. Probation Department and Presentence Investigation Unit. In this letter, Judge Burge

instructed Sheriff Stammitti to provide a uniformed deputy equipped with appropriate screening

devices at the entrances to both Adult Probation and Presentence Investigation by August 11,

2014. A copy of Judge Burge's July 31, 2014 letter is attached to the Affidavit of James R.

Cordes as Cordes Exhibit D.

5

16: On August 7, 2014, Sheriff Stammitti sent a letter to Judge Betleski, Chair of the

Lorain County Court Security Committee, concerning Judge Burge's request to provide

additional security for the Adult Probation Department and Presentence Investigation Unit and

requesting that a meeting of the Court Security Committee be convened. A copy of Sheriff

Stammitti's August 7, 2014 letter is attached to the Affidavit of James R. Cordes as Cordes

Exhibit E.

17. On August 13, 2014, counsel for the Commissioners sent a letter to counsel for

the Lorain County Court of Common Pleas Judges concerning the July 24 Order, responding to

issues previously raised by the Judges' counsel, requesting information concerning the studies

the Judges had performed on the Old Courthouse, and proposing a process by which the parties

could work together on a long term location for the Adult Probation Department, including

potentially mediating their differences through the Ohio Supreme Court's Government Conflict

Resolution Services. A copy of the Commissioners' counsel's letter dated August 13, 2014 is

attached to the Affidavit of James R. Cordes as Cordes Exhibit F.

18. On August 13, 2014, Sheriff Stainmitti sent a letter to the Conunissioners

concerning the annual projected costs of placing deputies and screening equipment at the Adult

Probation Department in the Old Courthouse and at the Presentence Investigation Unit's location

in an amount of $396,356.09. The Sheriff also proposed the possibility of providing security at

only the Old Courthouse at an annual cost of $198,178.05. A copy of Sheriff Stammitti's August

13, 2014 letter is attached to the Affidavit of James R. Cordes as Cordes Exhibit G.

19. On August 15, 2014, counsel for the Commissioners sent another letter to counsel

for the Judges updating the Commissioners' proposal made in the August 13, 2014 letter to

address the security cost estimates made by Sheriff Stammitti in his letter dated August 13, 2014.

6

Specifically, the Commissioners proposed that if the Judges agreed to move the Presentence

Investigation Unit on a temporary basis into the Old Courthouse, which houses Adult Probation,

thereby combining the two into one facility, the Commissioners believed they could provide the

requested funding for increased security at the Old Courthouse. The Commissioners proposed

two locations in the Old Courthouse for temporarily housing the Presentence Investigation Unit

and requested that the Judges choose their preferred temporary location. The Commissioners

also revised their proposal so that the process by which the parties would work together on a

long term location for the Adult Probation Department would also include the Presentence

hlvestigation Unit. A copy of the Commissioners' counsel's letter dated August 15, 2014 is

attached to the Affidavit of James R. Cordes as Cordes Exhibit H.

20. On August 27, 2014, Judge Burge entered a Journal Entry, without any dispute

pending before the Court, which ordered the Commissioners to appropriate $124,953.20 to the

Sheriff by September 13, 2014 so that deputies and screening devices could be placed at both

facilities housing the Adult Probation Department and the Presentence Investigation Unit. A

copy of the August 27, 2014 order with all the attachments thereto is attached to the Affidavit of

James R. Cordes as Cordes Exhibit L

21. Judge Burge's August 27, 2014 Order was the first response the Conlmissioners

received to their proposals to try to work with the Judges on a long term location for the Adult

Probation Department and the Presentence Investigation Unit and to potentially mediate their

differences through the Ohio Supreme Court's Government Conflict Resolution Services.

(Exhibit 1).

22. The e-mail that is attached to Judge Burge's August 27, 2014 Order as Exhibit C

contains the Sheriffs' fiscal staffs' calculations for the cost of providing increased security at the

7

Adult Probation Department and the Presentence Investigation Unit through the end of 2014, but

on its face, the e-mail was addressed to Court Administrator Tim Lubbe and none of the

Conunissioners was copied on this communication. (Exhibit 1, Cordes Exhibit H).

23. Sheriff Staminitti never communicated to the Commissioners a request for

funding increased security for the Adult Probation Department and the Presentence Investigation

Unit through the end of 2014. (Exhibit 1).

24. Sheriff Stammitti did not file suit against the Commissioners nor seek a writ of

mandamus against the Commissioners to order them to provide the funding that the

Commissioners have been ordered to appropriate by Judge Burge's August 27, 2014 Order.

25. No matter was pending before Judge Burge concerniilg the funding of additional

security for the Adult Probation Department and the Presentence Investigation Unit on which he

could exercise judicial power on August 27, 2014.

CAUSE OF ACTION - RELATORS ARE ENTITLED TO A WRIT OF PROHIBITION

26. For a writ of prohibition to be justified, a relator must show (1) that the court

against whom the writ is sought is exercising or about to exercise judicial power, (2) that the

exercise of power is unauthorized by law, and (3) that denying the writ will result in injury for

which no other adequate remedy exists in the ordinary course of law. State ex r-el. Koren v.

Grogan, 68 Ohio St.3d 590, 592, 629 N.E.2d 446, 448 (1994) and State ex rel. Enyart v. O'Neill,

71 Ohio St.3d 655, 656, 646 N.E.2d 1110, 1112 (1995).

27. Judge Burge has exercised judicial power by entering the August 27, 2013 Order.

28. Judge Burge is also about to exercise judicial power in enforcing the August 27,

2014 Order which mandates that the Commissioners appropriate $124,953.20 to the Sheriff by

September 13, 2014.

8

29. Judge Burge's Order of August 27, 2014 and any effort to enforce the same

constitute an exercise of judicial power that is unauthorized by law because 1. there was no

matter in controversy pending before Judge Burge when he entered the August 27, 2014 Order

and 2. the August 27, 2014 Order usurps the Commissioners function as the funding authority

and no evidence exists to establish that the Commissioners acted arbitrarily, unreasonably, or

unconscionably.

30. "A "moot case" is one which seeks to get a judgment on a pretended controversy,

when in reality there is none, or a decision in advance about a right before it has been actually

asserted and contested, or a judgment upon some matter which, when rendered, for any reason,

cannot have any practical legal effect upon a then existing controversy." Central Motors

Corporation v. City of Pepper Pike, 9 Ohio App.3d 18, 19, 457 N.E.2d 1178, 1180 (8th Dist.

1983) quoting Davies v. Columbia Gas & Elec. Corp., 47 Ohio Law Abs. 225, 228, 70 N.E.2d

655 (12th Dist. 1946). See also Wilkins v. Wilkinson, lOth Dist. Franklin No. OlAp-468, 2002-

Ohio-523, 2002 Ohio App. Lexis 90, * 12-13.

31. Judge Burge's August 27, 2014 Order deals with a pretended controversy between

the Commissioners and the Sheriff or, at best, is a decision in advance about a right before it has

actually been asserted and contested.

32. Sheriff Stammitti has not asserted a claim or sought judicial relief against the

Commissioners concerning the appropriation of funding to pay for increased security for the

Adult Probation Department and Presentence Information Unit. Moreover, Sheriff Stammitti has

not even communicated to the Commissioners a request for funding increased security for the

Adult Probation Department and the Presentence Investigation Unit through the end of 2014.

(Exhibit 1).

9

33. Judge Burge's August 27, 2014 Order and any effort to enforce the same

constitute an unauthorized exercise of judicial povtirer because no matter in controversy was

pending before him or the Court of Common Pleas when the order was entered.

34. Assuming arguendo that a real controversy was before Judge Burge at the time he

entered the August 27, 2014 Order, it would still constitute an unauthorized exercise of judicial

power because the August 27, 2014 Order usurps the Commissioners function as the funding

authority and no evidence exists to establish that the Commissioners acted arbitrarily,

unreasonably, or unconscionably.

35. R.C. Chapter 311 governs the operation of the county sheriff's office, but it does

not provide a sheriff with the authority to mandate the funding of the sheriff's office. See

Geauga County Board of County Commissioners v. Geauga County Sheriff, l lth Dist. Geauga

No. 2002-G-2484, 2003-Ohio-7201, P47.

36. Pursuant to R. C. Chapter 5705 and specifically R. C. 5705.28, R. C. 5705.38, and.

R. C. 5705.39, the Commissioners are the appropriating authority for county offices and the

Commissioners have the final authority to determine the Sheriff's budget. See also State ex rel.

Trussell v. Board of County Commissioners of Meigs County, 155 Ohio App.3d 320, 2003-Ohio-

6084, 800 N.E.2d 381, P12 (4t" Dist.).

37. Assuming that the Sheriff had requested that the Commissioners appropriate

funds to provide increased security at both the Adult Probation Department and Presentence

Investigation Unit locations tlzrough the end of 2014 and that a real matter in controversy existed

between the Sheriff and the Commissioners, then the Sheriff would have the burden of proof to

establish that the requested funding was reasonable and necessary and that the Commissioners

refusal to provide the funding was arbitrary, unreasonable, or unconscionable.

10

41. The Sheriff proposed providing increased security at only the Old Courthouse as

an alternative that would cost approximately half as much as providing security at both the Adult

Probation Department and Presentence Investigation Unit locations. (Exhibit 1 and Cordes

38. "To prevail, the sheriff must establish that the requested funding was reasonable

and necessary and that the board arbitrarily, unreasonably, or unconscionably refused to

appropriate that amount. The burden of proof to establish this claim is on the sheriff." State ex

f°el. Trussell v. Board of County Commissioners of Meigs County, 155 Ohio App.3d 320, 2003-

Ohio-6084, 800 N.E.2d 3 81, P 14 citing State ex rel. Veterans Svc. Ofc. of Pickaway Cty. v. Bd

of Cty. Cmmrs: ofPickcnvayCty, 61 Ohio St.3d 461, 463, 575 N.E.2d 206, 207 (1991).

39. Because there was in fact no matter in controversy before Judge Burge when he

entered the August 27, 2014 Order, there was obviously no evidence presented to establish that

the Commissioners acted arbitrarily, unreasonably, or unconscionably.

40. If an actual matter in controversy existed before Judge Burge when he entered the

August 27, 2014 Order, the evidence that would have been presented would have demonstrated

that the Commissioners have acted reasonably.

Exhibit G).

42. The Commissioners responded to the Sheriff's proposal by proposing to the

Judges that if the Judges agreed to move the Presentence Investigation Unit on a temporary basis

into the Old Courthouse thereby combining Adult Probation and Presentence Investigation into

one facility, the Commissioners believed they could provide the requested funding for increased

security at the Old Courthouse. The Commissioners proposed two locations in the Old

Courthouse for temporarily housing the Presentence Investigation Unit and requested that the

Judges choose their preferred temporary location. (Exhibit I and Cordes Exhibit H).

11

43. Instead of working with the Commissioners on moving the Presentence

Investigation Unit into the Old Courthouse at least on a temporary basis so that increased

security could be provided for both Adult Probation and Presentence Investigation at one facility,

Judge Burge responded by ordering the Commissioners to appropriate funds to pay for security

at both locations. (Exhibit 1 and Cordes Exhibit I).

44. If an actual matter in controversy existed before Judge Burge when he entered the

August 27, 2014 Order, the evidence that would have been presented would have demonstrated

that the Sheriff has already been appropriated sufficient funds to provide increased security at

both the Adtilt Probation Department and Presentence Investigation Unit locations through the

end of 2014.

45. The Sheriff's 2014 annual budget is $4,911,622 and these funds are provided

from the County's general fund. (Exhibit 1).

46. The Sheriffs' jail fiand is also provided in part by appropriations from the

County's general fund. (Exhibit 1).

47. The portion of the Cotuzty's 2014 general fund that is budgeted for the Sheriffs'

jail fund is $3,550,000. (Exhibit 1).

48. Combining the Sheriff s 2014 annual budget and the portion of the Sheriff's 2014

jail fund that is provided by the County's general fund, the Sheriff's office is budgeted to receive

$8,461,622 in 2014. This sum comprises over 15% of the County's general fiuid budget.

(Exhibit 1).

49. The Sheriff already has sufficient funds in the Sheriff's 2014 annual budget to pay

for deputies and screening devices at both the Adult Probation Department and the Presentence

Investigation Unit through the end of 2014. The Sheriff may have to reduce some of the

12

discretionary services that the Sheriff's Office currently provides in order to pay for the

increased security, but the Sheriff has the available funds to pay for the increased security at both

the Adult Probation Department and the Presentence Investigation Unit through the end of 2014.

(Exhibit 1). See also State ex Nel. Trussell v. Board of County Commissioners of Meigs County,

155 Ohio App.3d 320, 2003-Ohio-6084, 800 N.E.2d 381, P26.

50. A denial of the Commissioners' sought after Writ of Prohibition will result in an

injury for which no other adequate remedy exists in the ordinary course of law.

51. Because no matter in controversy existed before either Judge Burge or the Court

of Common Pleas at the time the August 27, 2014 Order was entered, no evidence was presented

and no record exists.

52. Without an evidentiary record, the Commissioners do not have the ability to

appeal Judge Burge's August 27, 2014 Order to the Lorain County Court of Appeals. Rather, the

Commissioners are stuck in a limbo created by Judge Burge entering an order on a matter which

is not pending before him or the Court of Common Pleas and for wliich there can be no appeal

because there is no record.

53. Through Judge Burge's unauthorized exercise of judicial power, the

Commissioners have been placed in the untenable position for which no adequate remedy exists

in the ordinary course of law.

54. "Where jurisdiction is patently and unambiguously lacking, [a relator] need not

establish the lack of an adequate remedy at law because the availability of altemate remedies like

appeal would be immaterial.° State ex rel. Cordray v. Marshall, 123 Ohio St.3d 229, 2009-Ohio-

4986, 915 N.E.2d 633, P36 quoting State ex rel. Sapp v. Franklin Cty. Court of Appeals, 118

Ohio St.3d 368, 2008-Ohio-2637, 889 N.E.2d 500, P 15.

13

55. While the Commissioners have established that no adequate remedy exists to

them in the ordinary course of law, such showing is umiecessary in this instance because Judge

Burge and the Court of Conumon Pleas patently and unambiguously lack jurisdiction to enter the

August 27, 2014 Order because no matter in controversy existed before Judge Burge.

RELIEF REQUESTED

WHEREFORE, Relators pray that this Court immediately issue an Alternative Writ of

Prohibition to Provide Relators with immediate relief and prevent Respondents from exercising

judicial power in enforcing the August 27, 2014 Order until the briefmg is completed in this

Original Action and this Court makes a final decision as to the Writ of Prohibition. Relators

further pray that after briefing is completed this Court issue a permanent Writ of Prohibition

forbidding Respondents from exercising judicial power to enforce the August 27, 2014 Order.

Respectfully submitted,

ROBERT E. CAHILL (0072918)JAMES L. McCRYSTAL, JR. (0017492)E. JOHN BRZYTWA (0013466)BRZYTWA QUICK & McCRYSTAL LLC900 Skylight Office Tower1660 West 2"a StreetCleveland, Ohio 44113-1411(216) 664-6900(216) 664-6901 (Fax)

CAHILL@BQMLAW.COM

BR.ZYTWA(^-,bBQMLAW.COM

MCCRYSTAL@BQMLAW.COM

Attorneys for Relators

The Lorain County Commissioners

14

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" ^ COUR.T OF COMMON PLEASLORAIN COUNTY, OI-HO

Ron Nabakowski, ClerkJOURNAL ENTRY

In Re: Old Courthouse Access

The Court find.s that in order to perform its essential functions it requires unfettered access tothe 2"6 floor of the Old Courthouse. Accordingly, the Loraiu. County Commissioners are herebyardered to provide the Lorain County Adult Probation Departnent immediate aud complete access tothe 2Ad floor of the Old Courthottse. On or before noon on Frida.y, July 25", 2014 the Commissionersshall provide the Lorain County Ad obation Department with any and all keys for this locationpursuant to ' order.

es BurgeA .strariwe Judge

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LORAIN COUNTY

,JUSTICE CENTER

225 COURT STREET, SEVENTH FLOOR

ELYRIA, oHIO 4403 S

jAmES BLASZAK

^ ^ ^ ^ • STAPP ATTORNEY

TIIvLOTHX M. SCHAEFER

QPFICIAL CO11RT RnORTER

JOHN F. CORRTGAN

BAILIFF

Pi3oNE 440-329-5416

440-244-6261 EXT. 5416

FAx 440-329-5712

Phil R. Stammitti, Shel-iffLorain Correctional Facility9896 MucTay Ridge Rd.Elyria, Ohio 44035

Re: Security at Old Courthouse and at 308 Second StreetElyria, Ohio 44035

Dear Sheriff Stammitti,

I am in receipt of the Physical Security Assessment of the Lorain County Court ofCommon Pleas Adult Probation Department (Courthouse) and Presentence InvestigationUnit (308 Second Street), prepared by the Ohio Supreme Court Office of Court Security.

Pursuant to this assessment, I have been mandated to eoniply with the securitystandards set forth in the Supreme Court Rules of Superintendence for the Couits ofOhio, Appendix C.

In the above regard, Court Security Standard No. 5 dictates that:

"All persons entering a coult facility shall be subject to asecurity search. A security search should occur for eachvisit to the court facility, regardless of the purpose or thehour."

To effectuate the requirements of Security Standard No. 5, the Rules ofSuperintendence also include Security Standard No. 6. Security Standard No. 6 furthermandates that:

"(A) Assignment

Uniformed court sccurity officers should be assignedin sufficient numbers to ensure the security of eachcourtroom and the court facility.

L()RAIN COUNT'Ir JACQuEZ,zNE RENTASCOURT OF COMMON

PLEAS CRIMINAL.QSSIGNM&NT COMMISSIONER

JAMES M. BURGE, JUDGE MAUREEN MARTarrCIrrGIYILASSIGNMENTCOMMISSIONER

July 31, 2014

Cordes Exhibit D

(B) Certification and training

All court security should be certified through the®hio Pea (}ff T ' ' C Thce icers iammg ommission. eseofficers should receive specific training on couttsecur.ity and weapons instruction specific to thecourt setting."

In order to comply with the Supreme Court Rules of Superintendence in mycapacity as administrative judge, and in order to maintain a minimum level security forour employees at the Old Coui•thouse and at 308 Second Street, you are instructed toprovide a unifor•med deputy at the entrance to these buildings, each equipped withappropriate screening devises capable of detecting the presence of concealed weapons:The assistance of these deputies will be required from 8:00 a.m. to 4:00 p.m. fromMonday through Friday. Compliance with this directive is expected by August 11, 2014.

The Security Assessment furnished to us is riot a public record subject todissemination. If you would care to review this document and the security proceduresmandated, you may do so at the office of the court administiator at your convenience.

Very truly yours,

JMB/jr

Cordes Exhibit D

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LORMN CoUNTY PraoNis 440-329-5416JUSTICE CENTER 440-244-6261 ExT. 5416

225 COURT STI7EET, SEVENTH FLOOR FAx 440-329-5712 . . .

. . . ELYRIAe CHIO 44035

jATvTES BLASZAK

STAPP ATTORNEY

TIMOTHY M. SCHAEFER+-1Oiwn11^I

VO VN 1 I jACQUEi.1N$ RENTAS

DAPICIAL CoUItT REPORTERCOURT

OF.0.JOtY12YlaN PL EAS CIIIMINALASSIGNMENT COMMISSIONER

JOHN ECaRItIGAN jAM ES M. BURGE,,UDGEMACJREEN MARTITICIT*I

•BAILIFF CIYILASSIGtVMENT COMMISSIONER

July 31, 2014

Phil R. Stammitti, SheriffLorain Correctional Facility9896 Murray Ridge Rd.Elyria, Ohio 44035

Re: Security at Old Courthouse and at 308 Second StreetElyria, Ohio 44035

Dear Sheriff Stammitti,

I am in receipt of the Physical Security Assessment of the Lorain County Court ofCommon Pleas Adult Probation Department (Courthouse) and Presentence InvestigationUnit (308 Second Street), prepared by the Ohio Supreme Court Office of Court Security.

Pursuant to this assessment, I have been mandated to comply with the securitystandards set forth in the Supreme Court Rules of Superintendence for the Courts ofOhio, Appendix C.

In the above regard, Court Security Standard No. 5 dictates that:

"All persons entering a court facility shall be subject to asecurity search. A security search should occur for eachvisit to the court facility, regardless of the purpose or thehour."

To effectuate the requirements ofSecurity Standard No. 5, the Rules ofSuperintendence also include Security Staiidard No. 6. Security Standard No. 6 furthermandates that:

"(A) Assignment

U.niformed court security officers should be assignedin sufficient numbers to enstu•e the security of eachcourtroom and the court facility.

Cordes Exhibit E

(B) Certification and training

All court security should be certified through theOhio Peace Officers Training Commission. Theseofficers should receive specific training on couatsecurity and weapons instruction specific to thecourt setting,"

In order to comply with the Supreme Court Rules of Superintendence in mycapacity as administrative judge, and in order to maintain a minimum level security forour employees at the Old Courthouse and at 308 Second Street, you are instructed toprovide a uniformed deputy at the entrance to these buildings, each equipped withappropriate screening devises capable of detecting the presence of concealed weapons.The assistance of these deputies will be required from 8:00 a.m. to 4:00 p.m. fromMonday through Friday. Compliance with this directive is expected by August 11, 2014.

The Security Assessment furnished to us is not a public record subject todissemination. If you would care to review this document and the security proceduresmandated, you may do so at the office of the court administrator at your convenience.

Very truly yours,

JMB/jr

Cordes Exhibit E

Brzytwa Quick & McCry-staI

August 13. 2014

Via e-mail and regular U.S. Mail

Subodh Chandi-aChandra Law Firni LLC1265 W 6th St # 400.Cleveland. OH 44113

Re: Adult Probation

Dear SLEbod[i:

I ani wi•iting oii behalf of the Lorain County Board of Commissioners in response to the CourtOrder,jourtaaiizeci July 24, 2014 In re: Old Coui-thouse Access and to your letters dated July 24,2014 and .July 29, 2014.

Concerning the Court's Order of.iuly 24, 2014, the Commissioziers believe that the Court's orderwas invalid because it usurped the power that legally resides in the Commissioners to controlCounty property. In additiota to the invalidity of the order, the Commissioners believe that theorder was unreasonable because it gave the Conirriissioners less than 25 hours to comply andprecluded the Commissioner's froni even having the opportunity to adequately prepare the secondfloor of the Old Courthouse to house offices. As yotr are aware, the second floor has not housedany offices in years and the plrinlbiglg to tlie seeond floor has been tun-ied off because it leaks. Ineffect, the majority of the second floor had been inothballed because it was not being used andthe first notice that the Court provided to the Commissioners that Adult Probation desired to usethe second floor of the Old Courthouse was via the Court's order of'.Jul,y 24, 2014. In short, noopportunity was pi-ovided to the Coininissioners to reasonably prepare the second floor for useby Adult I'robation.

Moreover, on the afternoon of .July 24, 2014 - eighteen hot_trs or more before the deadline for theCommissioners to provide access to the second floor of the Old Courtlaouse, the Court's AdultProbation Department took matters into its own hands aiid had one lock changed on the secondfloor, and furniture and equipment were moved into at least one of the offices on the second floor.

Finally, after the Commissioners filed a motion to stay the enforceinent of'tlae July 24 in order tochallenge its validity by filing a writ of proliibition in tlle Supreme Court, Adult Probationdisregarded tbe Cornsnissioners' intention to challenge the validity of the order by having elevenor twelve othei locks on the second floor- changed and moving additional furnishings and

166o W. 2nd St.. - Suite goo - Cleveland, Olzio 44113 a Offce(zr.6) 664-6900 • Fax (216) 664-6gor. - mmr 17qnT3aw coFn

Cordes Exhibit F

$/I.3/?014Page 2

equipment onto the second floor of the Old Courthouse. After Adult Probation moved into thesecond floor of the Old Courthouse, the Court then vacated its July 24 order thereby precludingthe Commissioners an opportunity to challenge the order's validity.

The law of Ohio is c€ear that the Comtnissioners possess the autliority to determine tlre style,diniensions, and the expense to incur on County buildings, including the Courthouse. R.C.307.01(A.) provides in relevant part "A courthouse, jail, public comfort station, offices for countyofficers, and a county home shall be provided by the board of county comrnissioners when, in itsjudgment, any of them are needed. The buildings and offces shall be of such style, dimensions,and expense as the board determines." R.C. 307.01(A), vests the power in the Commissioners todetermine the style, dimensions, and expense to incur on County buildings and offices.

Nevertheless, the Cotnrnissioners are willing to consider and address the needs of the AdultProbation Department, but have not received any information concerning additional spacerequirements of the L7epartnzent or documentation substantiating the health concerns raised inyour correspor3dence. Without receiving such infornnation, it is impossible for theCommissioners to assess whether Adult Probation needs additional space or the validity of thepotential €lealth concerns you have raised.

Moreover, it €ras been observed in several areas of the Old Courtliouse - specifically the office inthe basement that was painted several weeks ago and to what is referred to as the "clothes room"on the second floor - that walls were intentionally damaged and paii°it chipped away down to theplaster presumably in order to create paint chips that could be tested for lead paint. In bothlocations, piles of paint chips reinain. The Commissioners are concerned, aside from the damagedone, that the manner in which paint chips were obtained created the very hazard for which theCourt is conducting suc€7 testing. Similarly, a number of drop reiling tiles in one of the officeson the second floor were removed in an apparent attempt to obtain access to the original ceilingtiles that still remain above the drop ceiling. Presumably samples of the original ceiling tileswere taken to test for asbestos. This again raises the concerrr, aside frorn the missing dropceiling tiles, that the testing itself is expasing both Adult Probation's employees and theCounty's maintenance workers to the very hazard for w€lich the Court istesting.

The Commissioners are also concerned that the alleged problems with the Old Courtliouse aresimply a paetext to ultimately accomplish the Court's desire to move the Adult ProbationDepartment to the 5°' floor of the Justice Center:. The Commissioners are concerned that thetaxpayers' money will be speart on repairing the Old Courthouse on a piecemeal basis only tohave the Court respond that the Old Courthouse does not provide a space that is necessary forAdult Probation's purposes or that a significant additioiiai sunl of inoney will be needed in orderto provide a space that meets Adult Probation's needs.

In order that the taxpayers' money is not wasted, please provide the Commissioners with allstudies and testing that have been performed on the Old Courthouse concerning mold, lead paint,and asbestos. Furtherrziore, please provide architectural drawings and costs estimates that youhave obtained for renovations to the Old Courtliouse so that the Commissioners can analyze

Cordes Exhibit F

8/13/2014Page 3

whether keeping Adult Probation in the Old Coutthouse is the most cost effective option for thetax payers

Please also provide a copy of the Security Assessment performed by the Supreme Court on theOid Courthouse as I have nreviouslv requested on the phone, during our meeting on August 4,2014, and in my e-mail dated August S, 20I4. To the extent the recommendations made by theSupreme Court will impact the cost of operating Adult Probation in the Old Courthouse, theCommissioners, as the fiinding authority, need the Assessrnent in order to analyze whetherkeeping Adult Probation in the Old Courthouse remains the most cost effective option for the taxpayers. Moreover, as I have previously stated, the Security Assessment itself indicates that theComrnissioners; as the funding authority, will receive the Assessment and be part of the securitycommittee impleinentirrg the sectErity standards.

Finally, the Commissioners are willing to work with the Judges to explore all potential optionsfor where the Adult Probation Department should be located and/or relocated, including the fifthfloor of the Sustice Center, the Old Courthouse, the Broad Street location, or any other locationthat would be suitable for Adult Probation. If necessary, the Commissioners are willing tomediate this dispute, after an exchatige of pertinent information, in order to determine whichspace is necessary for Adult Probation's operations.

In order to explore whether the pai-ties can resolve their differences, the Commissioners propose

the following:

August 29, 2014 The Judges shall provide to the Commissioners in writing theAdult Probation Department's current and forecasted spacerecluirenZents in detail, including required square footage; iequirednunrber of offices, a detailed description of other required rooms,and a descriptioit of aiiy other treeds that Adult Probation may lxavethat would impact the determiaiation of what space is necessary forAdult Probation's operations.

November 14, 2014 The parties shall provide to each other in writing tlreir preferredproposal foT whicli space should house Adult Probation, includingarchitectural drawiiigs, constructiorr cost estimates, fundingproposals, studies perforn3ed oxi the space, and any otherinformation the submitting party believes is relevant to theproposal. The parties may also provide in writing an alternateproposal for which space should house Adult Probation, includingar•chitectural drawii-igs, construction cost estimates, fundingproposals, studies performed on the space, and any otherinfortriation the submittir-ig party believes is relevant to theproposal.

Deceanber 5, 2014 The parties shail determine wltether the other parties' proposals areacceptable. If none of the proposals are mutually agreeable, the

Cordes Exhibit F

8/13/2014Page 4

parties shall then mediate this dispute on a mutually agreeabledate

While the Cornmissianers are hopeful that the parties can reach an agreement concerning whatspace will €neet the needs of'Adult Probation before the necessity for mediation arises, theCommissioners suggest that the C3hio SuprenZ e f_'ourt's Govern€-nent Conflict Resolution 5er-vicesbe contacted to rrr€anoe for iiaediaticin in tlie nea€• terirt so that the logistics for mediating thisdispute can be arranged aztd be readv to be implemented if and when it is clear that none of"theexchanged proposals are nitttually agreeable. The Suprerne Cotrrt's Goveran.ient ConflictResolution Services niediation services are provided at no cost to the mediating parties. Thispresents a cost eff"ective rirecl-€anisni for the parties to atlempt to resolve this dispute.

The Commissiorrers believe that working with the Judges aiid potentially mediating this disputewill hopefully result in the parties con-€ing to a resoliition on what space will most cost-effectively n-€eet the needs of Adult Prabation.. Please let me know if the Judges are agreeable tothe Comrr€issioners' proposal outlined above.

In the meantirne, in ordet to facilitate Adult Probation's operations in the Old Courthouse, thetlir°ee restrooms on the West side of the second floot of the building will be put into operation.Concerni€ig your request that niaintenance coordinate its activities in the Old Courthouse,maintenance will coordinate its activities with Adult Probation for all maintenance activities thatare required in areas which house Adult Probation's confidential records -- the ProbationOfficer's offices and the records storage areas in the Old Clerk of Courts' offices on the secondfloor.

I am confident that our clients, who are co-eqEtal branclies of the Lorain County Goverrrrxzent,can work together to resolve their differences and best serve the interests of the People of LorainCounty.

I look forward to the Jtrdges' respo€ise to the Coniniissioners' proposal.

Sincerely,

Robert E. Cahill

REC/mm

Cordes Exhibit F

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Brzytwa Quick & McCrystaj- - -- - -^.__1

August 15, 2014

Via e-rnail and regular U.S. Mail

Subodh C}iandi aChandra Law Firm LLC1265 W 6th St #- 40a,Ceveland, OH 44113)

Re: Security for Adult Probation and Presentence Investigatioii

Dear Sr.rbodh:

The Comn7issioners have received tlie eticlosed lettet t'roni Sheriff'Stainmitti requesting fitndsfor security for the Adult Probation Departnient and the Presentence Investigation Unit. Therequested fLindittg is significant. The Sheriff forecasts that tlle funds needed to place Deputiesand screening equipment at the Old Courtliouse and at the Presentence Investigation Unit'slocation at 216 Third St. will total $396,356.,09 annually. The Coirtity does not have the fundsnor the projected revenues to afford sucir an increase in the Sheriff's annual budget.

Sheriff Starninitti, liowever, provided an altertiate optiotr of only placing i.^eptities and screeningequipment at the Old Cot}r-thouse, wliich lie forecasts will cost $198,178.05. Wbile this is still asignif cant aniount of requested funding, the Comniissioners believe titey cai7 provide thisrequested funding if the Adult Probation Department and Presentence Investigation Unit arecombined into a single facility.

The Conimissioilers propose that for the time being the Presentence Investigation Unit be movedinto the Old C'ourtl7ouse so that the Sheriff-s projected funriing needs can be cut in lialf and, assuch, provided by the Cominissioners The C'.ommissionet•s are still coinmitted to their proposaloutlined in my letter dated August 13, 2014 and desire to work with the Judges on a permanentlocation for the Adult Pr-obati:on Department. In light of the significant costs to furrrish securityat two separate locations, the Commissioners believe combining the Presentence InvestigationUnit and the Adult Probation Departinent into the same facility long fieni1 is the most costeffective solution for the tax payers. As strcli, the Commissioners pr-opose that the paruties in theirproposals for where the Adult Probation Department should be located add the PresentenceInvestigation Unit into those plans and proposals. As suclr, the Commissioners revise ttieirproposal to include Presentence Investigation as foltows:

166o W. and St.. > Suite goo • C3et>el<snd, Ohio 44113 • Of(ice (216) 664-6t)oo = Fax (Ln6) 664-6i)oi ° tiw%v.bqmla1v.c:o11i

Cordes Exhibit H

August 15, 2014Page 2

August 29, 2014 The Judges shall provide to the Comniission.ers in writing both theAdult Probatioli Depar'tn3ent and Presentence Investigation Unit'scurrent and forecasted space requirements in detail, includingrequired square footage, required number of offices, a detaileddescription of other required rooms, and a description of any otlierneeds that Adult Probation and Presentence Jnvestigation may havethat would iinpact the deterlrlination of what space is necessary fortheir operations.

November 14, 2014 The parties shall provide to each other in writing their preferredproposal for which space should house both Adult Probation andPresentence Investigation, includirlg architectural drawings,construction cost estimates, 3"unding proposals, studies performedon the space, aiid any otlier infolirlation the submitting partybelieves is re€evant to the proposal. The paI-ties may also providein ;Aniting an alterYlate proposal for which space should house bothAdult Probatioti and Presentence 1rlvestigation, includingarchitectural drawings, construction cost estimates, fundingproposals, studies performed on the space, and any otherinfor7nation the subniitting party believes is relevant to theproposal.

December 5, 2014 The parties shall determine wliether the otlier parties' proposals areacceptable. If none of the proposals are mutually agreeable, theparties shall then inediate this dispute on a mutually agreeabledate-

I"or tl5e time being and untiJ the parties iiave explored the potential to resolve the long termlocation of both the Adult Probatioli Departnlent and the Presentence Investigation Unit tl-troughIrlutual agreement or mediation as proposed in my August 13, 2014 letter, the Commissionersplaii to move Presentence Investigation into the Old Courtlrotlse. The Commissioners envisiontwo options for locating Presentence Investigation in the Old Courthouse. First, the luncll roomin the Not°tli West corner of the basegrlent of the Old Courthouse would be converted into officespace by placing cubicles in that room- This location is across the lzall from two vacant officesin the North East corrier of the basement of the Old Courthouse, which would provide aconfidential meeting space as the need arises for Presentence Investigation's operations. Tllesecond optioli would be to convert the class roona in the Nortli West corner of the 1" Floor of theOld Courtllouse into office space, by placing cubicles in that room. This location is just up tllesteps from the two vacant offices in the Nortll East corrier of the basement of the OldCourthouse, wliich again would provide a confidential meeting space as the need arises forPresentence Investigation's operattons..

By conlbining Adult Probation and Presentence Investigatioti into a siligle facility in both thesliort term and the long term, tl-ie Citizeiis of Lorain County will anntaaJly save $198,178-05.Please let me lcnow which of these two options set forth above is preferred by the Judges so that

Cordes Exhibit H

August 15, 2014Page 3

Presentence 1€3vestigatiozi can be moved expeditiously and funding can be provided to SheriffStainii3itti to place Deputies and screenii-ig devices in the Old C'ourtliotise.

I look forward to the 3udges' response.

Sincerely,

_.41-111 e)'j'aRobert E. Cahill

REC/mm

Cordes Exhibit H

^^^^^^^^ ^^'UNTY S11E RfFF'S OFFICEr r_: :•^^ 9896711itxz ax Ridge tta:rc]

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Phil R.. Stacnrnitei (490)329 ?709SHERIFF (440) 244-6263

Wednesday, August 13, 2Q19

Iorain County l3oaid of Coniraissioners226 Middle Ave3ueElyria, Oli 44035

ItE: L.etter ftoni Adrr€iuistrative Iudge James Iv1. BurgeOld Courthouse/Adult Prsahation Sz Presentence Investigation Unit

Dear Commissioners,

As you are aware, I have received a letter from Adrninistrative .rudge 3arnes Burge in refereilceto the Shesi£i's Office providing security (deputies) at the Old Courthouse loca ted at 308 SecondStreet in Elyria, Ohio and also at the Presentencc Investigation Unit located at 216 Third Street inElyria, Ohio.. I have also been instrnMed bv the Judge to provide the appropriate screeningdevices, sucli as; rnagixctomelers, sndlor otirer equipnaent which is capable of detectin Fz the

presence of concealed weapons, etc, ..

T'Irv judge lras indicated that 1}e v;=ould lilce the secui-ity av.ulable;klonday Ilirough Fiiday from5:430AI1vi until closing at 4:00 3'1h!1' at both locations.

As you are also aware, T presently have no extra funding in nry generat fund birdget to provide

for #lus security requested by the Judge.

13rave also reviewed ;1ie Court Security Assessment wliich was rioiie by azt eniplo}^ee of theOliio Supreme C'ourt arrd have spo3cen wi€]r ;1udse Mark 13etleslri wllo overt;ees ilie Court SccurityC'oinmittee, as wc!l as ttie Cienerrl Division Court Administr+itor, Tim Lu'ube, about this

. . . assessrAent, . . . . . , . , . . . . . . - :

After conlemng witii Cbief Deputy Cavanaugh and the Law Lnf4rcetnent Director, Captain

James I7rozdowsl i, z;^c liave deiermined that to provide adequate security vue would need two (2)fiill-tiarre deputies at each location atnd also tl^.ree (3) inteimittent deputies for a relief factor at

both locations.

I have liad irry secretary & fiscal persoia.ne3 figure ovz ttxe econoinic impact that lhe above

ernplol'ccs would cost

Cordes Exhibit H

If thc Sheiiif's Ofiice provided security al hoih Iocations, it rvot:lci take four (4) full-tiY,zeTl^c te^t:at cilst. f:ctur of ihis it°uY.^isl be as follows:depuiiL.s and sl•,rec (.:,) intermitiestt deputies

$8(},909.96 13er fuil-tiaue t3e37uty witti all benefits x 4 -$323,G39..S4

521,3:8 75 iser inte:anittent Dcruty limit ed to 1,400 hours per yeur x 3=S6=1,076 25

Total c.ost of all officers per ye<sr is: $387,716.09

I also have to figure in the price of a ntagnetometer at both locations as tvell as security screening

cva€tds at a price of $4100.00 per rnagaetometer x's tvvo (2) equal: S8200 00 az,d fo€u screening

wands at aprice of'S110.00 eaclt x's 4 eclustt $4=30.00 for a total of $8,640M.

Total cost of deputit:s &-, eqttip€ntr?t is: S396z356..09

If I had to provide l3iis at the Old Courtllouse only th:sn obviously Iil^,ouId need only (2) fntl

tune detautics and I'/.= inten.nittcnt deputics and t3iu cost of a inapetosnctcr and secutit:?+ tiv:ands at

a total cost oft S198,178_05

If Adult Probation and Ilte 1're-Sentence Inerestigator staft vm.r'e sent to the Tust.ice Center thanI would need the cost of (2) full lune deputies and one & one-half (1 'i:) intermittent deptities, tatit

the security equipment, magnetometer, a-ray machine, etC...., is already in ,plaee, so the total cost

of'these officers lvould be: $193,858-05

Qnce again, as you 3:now, I do not have tJais finding in niy present budget and am requestingtite fYYndinff frozn you to meet the requirements that ltave been recomunended by the Ohio5upretue Coart Security Assesstnetit and also the letter of compliatice ft-om Administrative Judge

J;imes M t'3 urgci

Your liniely reply to this correslaondeoce would be appreciated I am availablc to meet Nvith.tlae Cotnmissioners over this ser7uest at a Commissioners mcc.rinn, if needed

Sinccrety

7"Ph1IR 9t3€t3113RftY

Lo€ain Cot€nty She;-if'P

Cordes Exhibit H

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3AcQuaiNx i^nt:^.s. . . QFfaCtu.Cont:t'$svoiciiic +..,JOII.RI OF COlY.O1Y PLEAS . ^itlUtt155IGNAiFl.'I l-[]MJ.iSSSlC1NE-̂ t . .

JOFS:3 P CCaR1tPGATS JAMES M. BURGE, JUDGE J^^AUILEI^ JVI1iltTT74CtN

DAWF,- Crn! rlssicr.u^^n Caxannsato ^i

.July 31, 2414

Phil R. Stammitti, SlteriffLorain CorrectionaJ f=acility98r3G sbfurrry Ridge Rci.Elytia, t7hio 44035

Re: Securi€y at Old Courthouse and at 309 Sc;cand StreetElyiia, Ohio 44035

Dear She€iff• Stamniitti;

J ah.i in receipt of the Physical Security Asse.ssruent of the Lorrin County Court ofCommon Pleas Aduit Probation Depaa Lment (E:otu-thoi:se) and Presentence InvestigationUnit (308 Second 5treet), prepared by the Ohio Supreme Court OfTice of Court Securily

Pursuant to this assessmeut, []tat•e bectt t*:nda€ed to comply trith the secutitSstand-drds set forth in the Supreme Court R uCes of Superintendence fot ;he Cosirts of

Ohio, Appendi-x C.

i.n the above rccard, Court Security Standsitl No. 3 dictates that:

"All persons entering a court facility shall be subject to asecurity scat•ch. A security scatch shouid occur fog- eacltvisit to the cotlrt facitity.. regardless of tlt.e purpo:>e or iheh,7ur .,

To effectuate the recluiremenis of Scctirity St;3ird:trci Itio 5, the Rnles oiSui.erinscitdcitce also inchtde Security Standarci 3\Io, 6 Securiiy Standaid No fi :urihcirnanitates iNst:

"(A) Assignment

LJniformed coutt security o#fccrs shou)d be a.ssignedin sLdficient nsunbcrs to ensure the security of eaehcourtroon7 4ttd the cowt f3cil=ty

Cordes Exhibit H

{f3} C:ertiiirttiou and tt:iiniug,

All court seciarity should Uc certifted through iheC)hio Peace Officers i'raining Commission I hcseofficers siiot?ld receive specific trainir€; on courtsccurity and tiveapons instructian specific to thecourt setti.tig

In order to comply with tlte Supreme Cout -, Rules of Superuztendence in mycapacity as administrative judge, and in ordcr to maintain a tnitaimaLm level security forour employees at the Old Courthouse auad at 308 Second Street,yoa arc uistructed toprntiide a unifonsned deputy at ilie entsazsce to these buildirtgs, each equipped Lvithappropriate screening devises capalrle of detectin.g the presence of concealed weapons.The tlssistance of €tzcse deputies tiri(i be required from 8_00 a nt. to 4:00 n m.. fYOm?vTqnrlay through Hdav Contplianee with this direc€ive is expected b1t tlttgtist 11, Z414

Titc Security Assessment furnislteri t.o us is not n public record sul3ject todissemination If vou :vould care to revici=f this document and the secuiity procedures

you may do so nt the ofitce of the court administrator at your conve33ience.mandated,

Very truly yours,r ^.!

. ^ ^. ' . . ,^i ..s hI Bilrpe . . . . . .

^tuinistrative .Judge

,I1vII3/jr

Cordes Exhibit H

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LEA5CtJURT t)F COMMON PLEAg; a u^^ cj^^o

LORAIN COUNTY, OHIO Ra 1° t:^'^'^`^0'^ S KE

Ron Nabakowski, ClerkJOURNAL ENTRY

In Re: Court Facility Security - Probation & PSI

This matter came before the Court following the request of the Lorain County Sheriff forfunding to provide security for the Adult Probation Department with offices located at 308 SecondStreet, and 216 Third Street, Elyria, Ohio.

The relevant facts in this matter are as follows:On,uly 24, 2014, the Office of Court Security for the Supreme Court of Ohio provided this

Court with a Physical Security Assessment for the Court facilities containing the Adult ProbationDepartment and Presentence Investigation Unit.l In conformity with the Ohio Court SecurityStandards, the Assessment recommended, inter alia, that security searches be conducted on all personsentering these facilities.a Additionally, walk-through magnetometers with accompanying x-ray forviewing packages and handbags are also essential to ensure a safe environment. To perform thesefunctions, uniformed court security officers must to be assigned in sufficient numbers to ensure thesecurity of these facilities.3

Currently there are no uniformed court security officers located in either of these facilities.Accordingly, on July 31, 2014, the Court sent a letter to the Lorain County Sheriff requesting theassignment of uniformed deputies and appropriate screening devices for both facilities.4 Ohio RevisedCode §311.07 directs the Sheriff to attend upon the Court and furthermore vests the Sheriff withresponsibility for Court facilities, Pursuant to this mandate, the Sheriff presently provides security forthe entire Lorain County Justice Center.

On August 13, 2014, Sheriff Staraunitti sent a letter to the Lorain County Commissionersrequesting additional funding to meet the security needs of the Court. According to the Sheriff's letter,"I do not have this funding in my present budget and am requestiag the funding from you to meet therequirements that have been recommended by the Ohio Supreme Court Security Assessment and alsothe letter of compliance from Administrative Judge James M. Burge".5 The funding amounts indicatedin the Sheriffs August 13& letter estimated the security costs for these facilities for an entire calendaryear. Subsequently, the Sherriff provided a revised funding estimate based upon services commencing

I To maintain the security integrity of this document it is not attached hereto. Also, pursuant to Rule 44(Gx2)(c) of theRules of Superintendence for Ohio Courts, this document is exempt from public inspection and copying.Z Appendix C, Ohio Court Security Standards, of the Superinteadence Rules for Ohio Courts. Standard 5- AIt personsentering a court facility shall be subject to a security search. A security search should occur for each visit to the courtfacility, regardless of the purpose or the hour.s Appendix C, Ohio Court Security Standards, of the Superintendence Rules for Ohio Courts. Standard 6- Uniformedcourt security officers should be assigned in sufficient numbers to ensure the security of each courtroom and the courtfacility.4 Court's letter to Sheriff Stammitti attached hereto as Exhibit A.

Sheriffs letter to Commissioners attached hereto as Exhibit B.

Cordes Exhibit I

October 1, 2014 through the end of 2014.6 To date, the Lorain County Commissioners have failed toprovide this essential security funding or even hold a hearing on the Sheriffls request.

It is the determination of this Court that a safe and secure Court facility is essential for theperformance of the Court's obligations. This necessity stems not only from a duty to the public whovisit these locations, but also a responsibility to the employees of the Court who must occupy thesefacilities on a regular basis. In accordance with the Ohio Court Security Standards and the SecurityAssessment conducted by the Office of Court Security for the Supreme Court of Ohio, the LorainCounty Sheriff has requested additional funding to provide the necessary security for the Court's AdultProbation Department and Presentence Investigation Unit. This Court finds the Sheriffs request to beboth reasonable and necessary.7 Accordingly, to meet the Court's immediate security needs, theLorain County Commissioners are hereby ordered to appropriate, for the Lorain County Sher.i.ff, thesum of One Hundred Twenty Four Thousand Nine Hundred Fifty Three Dollars and Twenty Cents($124,953.20). The foregoing be appropriated on or before September 13'h, 2014.

s M. BurgeA . .strative Judge

6 Emait from Sheriff Stammitti with accompanying cost projections attached hereto as Exhibit C.7 State ex rel Morley v. Lordi (1995), 72 Ohio.St.3d 510, 511; State ex rel Lake Cty. Bd ofGommrs v. Hoose (1991), 58Ohio.St.3d 220

Cordes Exhibit I

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Cordes Exhibit I

(B) Certification and training

All court security should be certified through theOhio Peace Officers Training Comznission. Theseofficers should receive specific training on courtsecurity and weapons instruction specific to thecourt setting."

In order to comply with the Supreme Court Rules of Superintendenca in mycapacity as administrative judge, and in order to maintain a minimum level security forour employees at the Old Courthouse and at 308 Second Street, you are instructed toprovide a uniformed deputy at the entrance to these buildings, each equipped withappropriate screening devises capable of detecting the presence of concealed weapons.The assistance of these deputies will be required from 8:00 a.m. to 4:00 p.m. fromMonday through Friday. Compliance with this directive is expected by August 11, 2014.

The Security Assessment furnished to us is not a public record subject todissemination. If you would care to review this document and the security proceduresmandated, you may do so at the office of the court adminishmtor at your convenience.

Very truly yours,

s M:I. Burg

JMBrjr

Cordes Exhibit I

1

LORAIN COUNTY SHERIFF' S OFFICE98961YIIurray Ridge Road COPY

lElyria, Ohio 44035

Phil R. Stammitti (440) 329-3709SHERIFF (440) 244-6263

Wednesday, August 13, 2014

Lorain County Board of Commissioners226 Midcll.e AvenueElyzia, OH 44035

RB: Letter from Administrative Judge James M. BurgeOld Courthouse/Adult Probation & Presentence Investigation Unit

Dear Commissioners,

As you are aware, I have received a letter from Administrative Judge James Burge.in referenceto the ShedWs Office providing security (deputies) at the Old Courthouse located at 308 SecondStreet in Elyria, Ohio and also at the Presentence Investigation Unit located at 216 Third Street inElyria, Ohio. I have also been instru.cted by the Judge to provide the appropriate screeningdevices, sucli as; magnetometers, andlor other equipment wlrich is capable of detecting thepresence of concealed-weapons, etc...

The judge has indicated that he would h'ke the security available Monday through Friday from8:00 A/M until closing at 4:00 P/M at both Iocations.

As you are also aware, I presently have no extra funding in my general fcxnd budget to providefor this security requested by the Judge.

I have also reviewed the Court Security Assessment which was done by an employee of theOhio Suprexne Court and have spoken with Judge Mark Betleski who oversees the Court SecurityCommittee, as well as the Caeneral Division Court Administrator, Tim Lubbe, about thisassessment.

After confening with Chief Deputy Cavanaugh and the Law Enforcement Director, CaptainJames Drozdovvski, we have detennined that to provide adequate securftywe would need two (2)full-time deputies at each location and also ftee, (3) internuttent deputies for a xelief factor atboth locations.

I have had my secretary & fiscal personnel figure out the economic unpact that the aboveemployees would cost.

. . . . , T . . . . . . , . . . . .

^ , IXHEBRB

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Cordes Exhibit I

, •

If the Sheiiff's Office provided security at both locations, it would take four (4) fWll timedeputies and three (3) inteamittent deputies. The total cost factor of this would be as follows:

$80,909.96 per full-time Deputy with all benefits x 4 = $323,639.84

$21,358.75 per intermittent Deputy limited to 1,000 hours per year x 3=$64,076.25

Total cost of ali officers per year is: $387,716.09

I also have to figure in the price of a magnetometer at both locations as weil as security screeningwands at a price of $4100.00 per m.agnetometer x's two (2) equal: $8200.00 and four screeningwands at a price of $110.00 each x's 4 equal $440.00 for a total of $8,640.00.

Total cost of deputies & equipment is: $396,356.09

If I had to provide this at the Old Counfhouse only than.obviously I would need only (2) falltime deputies and 1% intemittent deputies and the cost of a magaetozneter and security wands ata total cost of $198,178.05

If Adult Probation and the Pre-Sentence Investigator staff were sent to the Justice Center thauI would need the cost of (2) full time deputies and one & one-half (1 %s) intermittent deputies, butthe security equipment, magnetometer, x-ray machine, etc..., is already in place, so the total costof these officers would be: $193,858.05

Once again, as you know, I do not have this funding in my present budget and am requestingthe funding fiom you to meet the requirements that have been recommended by the OhioSupreme Court Seccrity Assessment and also the letter of compliance from Administrative JudgeJames M. Burge.

Your tiYnely reply to this correspondence would be appreciated. I am available to meet withthe Commissioners over this request at a Commissioners meeting, if needed.

Sincerely

Phil R. StamrnittiLorain County Sheriff

Cordes Exhibit I

I

. , e . -. . . . . . . . . . . . . . . . . .

Tim Lubbe

From: Sheiff StammittiSent: Friday, August 22, 2014 2:00 PMTo: Tim LubbeCc Captain Jim Drozdowski; Chief Deputy Cavanaugh; judgebetleski@hotmaii.comSubject: FW: Newer Deputy Pay & Equipment for SecurityAttachments: 201408221248_0001.pdf

trnportance: High

General Division Court Administrator Tim Lubbe,

I had the fiscal staff at the SherifFs office figure the salary, benefits, and equipment that would be needed tosecure both the Old Courthouse and the PSI Building on 3rd. Street from October 1st, 2014 until December31st. 2014, which you will find attached. As you are aware, the first letter I sent over on August 13, 2014 werecosts for a whole year. Should you have any questions I can be reached at 329-3702. Thanks in advance,Sheriff Stammitti

-----Original Message--From: Sheriff e-mail [mailto:p.rs@loraincountysheriff.com]Sent: Friday, August 22, 2014 12:48 PMTo: Sheriff StammittiSubject: Message from "RNP0026735038F2"

This E-mail was sent from "RNP0026735038F2" (Aficio MP C3502).

Scan Date: 08.22.2014 12:48:01 (-0400)Queries to: sheriff@loraincounty.com

EXHIBITc

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Cordes Exhibit I

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Cordes Exhibit I

IN THE SUPREME COURT OF OHIO

THE STATE OF OHIO, ex re€: } CASE NO.THE LORAIIV COUNTY )COMMISSIONERS, }

}Relators, }

}V. ^

}THE COURT OF COiVliviOiN PLEAS OF }

}LORAIN COUNTY, OHIO, et al.,

Respondetits.

STATE OF OHIO )) SS: AFFIDAVIT OF KAREN DAVIS

COUNTY OF LORAiN }

Karen Davis, being first duly stvorn accordingly to law, states as follows:

1. I ain the Director of Facilities Management for.Lorain County.

2. In the afternoon on July 24, 2014, 1 responded to a report of running water in the

bathroom on the second floor of the Old Coiirthouse.

3. While on the second floor of the Old Courthouse on the afternoon of July 24, 2014, I

observed that the Director of Adult Probation had moved furnishings and equipment

iiato room 205 and that the lock to that room had been changed.

4. In the afternoon on July 25, 2014, I received a work order request stating that

Young's Locksmith would be at the Old Courthouse to change locks on the second

floor of the Old Cottrthouse.

Exhibit 2

5. When I arrived on the second floor of the Old Courthouse on the afternoon of July

25, 2014, Young's Locksmith had a.lready changed the locks on eleven or twelve

doors on tlie second floor,

6. In the afternoon on July 25, 2014, I also observed that additional furnishings and

equipment of the Adult Probation Departznent had been moved into some of the

roorns on the second floor of the Old Courthouse.

FURTHER AFFIANT SAYETH NAUGHT.

'9< }

KA _..VI

SWORN TO AND SUBSCRIBED before me and in my presence this day of

Septeniber, 2014.

OTARY PUBLIC

2

Exhibit 2