Monday, February 07, 2000

Probe of Lebanon buyouts widens

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Spotlight turns to manager, mayor

BY BY CINDI ANDREWS
The Cincinnati Enquirer

        LEBANON — The controversy over $486,000 paid into the pensions of three retiring city officials has expanded to include the city manager and perhaps even the mayor.

        The questions are who knew what and when did they know it.

        The propriety of the three buyouts is being investigated, and regardless of their legality, some council members say they were blindsided.

        James Patrick, city manager for just seven months, conceded last week that he knew of the early-retirement buyouts about a month before council unknowingly appropriated money for them from the general fund.

        “That bothers me greatly,” said Councilman James Reinhard.

        Mr. Patrick said as far as he knew, no one on council knew about the buyouts, but he assumed that council members did know because City Attorney Bill Duning and City Auditor Debbie Biggs worked directly for council.

        “I probably should have mentioned it,” Mr. Patrick said. “We had a lot of things on our plate.”

        Before the Dec. 28 vote, Mr. Reinhard asked what the appropriations were for. Mrs. Biggs, one of the three payout beneficiaries, responded only that the money was for electric department buyouts.

        Mrs. Biggs received $110,565, Mr. Duning $206,302 and electric department Assistant Director Bob Newton $169,549 through an early-retirement incentive program offered through the electric department.

        Questions have been raised about Mrs. Biggs' and Mr. Duning's eligibility as well as the propriety of Mrs. Biggs' and Mr. Newton's signing off on their own buyouts. All three retired Dec. 31.

ETHICS COMMISSION

• The Ohio Ethics Commission could take 30 days to nine months to complete its investigation. Once it does, those findings will be sent to the Warren County prosecutor's office, which will decide what to do with them.   • Lebanon's new attorney, Mark Yurick, has hired Cincinnati attorney William Gustavson to help investigate who's eligible for the electric department buyouts and whether and how the city can get its money back.

        City Council referred the matter to the Ohio Ethics Commission last month.

        Council members have expressed outrage that the buy outs were slipped past them.

        However, Mayor James Mills has been quoted in the Dayton Daily News as saying he knew about the buyouts ahead of time and that they were discussed in a November budget meeting.

        Mr. Mills has refused to confirm or deny that report, and others at the budget meetings, including Councilman Mark Flick, said buyouts were never discussed.

        Despite their displeasure with the city manager, Mr. Reinhard and Councilman Joe McKenzie said it's unlikely council will fire Mr. Patrick. “If he knows about something that ought to be of interest to council, then I think he has a responsibility to make sure council knows about it,” Mr. McKenzie said. “I believe it will be a factor in discussions of his performance.”

        What Mr. Patrick and others knew also could be a factor if authorities consider bringing criminal charges.

        While the other two worked for council, Mr. Newton reported to the city manager.

        “If (Mr. Patrick) knew of Bob's entering into a contract, could Bob have thought that was implicit approval? Maybe,” said Mark Yurick, the new city attorney.

        On the other hand, Mr. Yurick said, “if the mayor knew, does that make a difference? Probably not, because he's just one member of council.”

       

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