Prosecutor: HCSO doesn't have to provide county fair security
By
Rory Ryan-hcpress@cinci.rr.com
The Highland County Board of Commissioners have received a written opinion from Highland County Prosecutor Anneka Collins regarding a recent decision by Highland County Sheriff Ron Ward not to provide security at the 2011 county fair.
Last month, Ward informed the Highland County Fair Board that his office will not be providing security for the 2011 county fair. Ward informed the Fair Board to contact the Hillsboro Police Department, should the need for law enforcement services arise during the fair.
Hillsboro Police Chief Nick Thompson told The Highland County Press this week he would be issuing a news release on how his department will maintain security during fair week Sept. 3-10.
“There are many things that played into this decision, including limited manpower and equipment resources, along with scheduling issues and both economic and non-economic factors,” Ward said.
While the Highland County Fairgrounds is located in the city of Hillsboro, most of the property is owned by the County Board of Commissioners.
President of the Highland County Board of Commissioners Shane Wilkin said that he believes that the HCSO is not required to provide the security as they are required to on other county-owned property, such as the Highland County Courthouse, because the fair is not a mandated general fund department.
However, Wilkin requested that Collins provide a legal opinion on the issue.
“Based upon research of case law, attorney general opinions and relevant statute, I do not believe HCSO is required to provide security at the fairgrounds,” Collins told commissioners. “However, HCSO is required to respond to a call at the fairgrounds should it be requested.
“According to Attorney General Opinion (AGO2009-008), ‘the law enforcement officers of a county sheriff’s office are required to respond to calls for law enforcement assistance on county property notwithstanding the fact that the property is located within the territorial boundaries of a municipal corporation.’
“The opinion goes on to illustrate that the jurisdiction is concurrent to that of the municipal law enforcement and the Ohio State Patrol. In an opinion directly on point from 1963, the Attorney General opined that for the Ohio State Fairgrounds, the Franklin County Sheriff, the Columbus Police Department and the Ohio State Highway Patrol would have concurrent jurisdiction.
“Please note that nothing in the Ohio Revised Code requires HCSO to provide security to the fairgrounds,” Collins said. “In fact, the only county property HCSO is required to provide security for is the Highland County Courthouse. Additionally, pursuant to statute and case law, HCSO is not required to patrol the county or ferret out crime as a detective; HCSO is only required to respond to specific calls.
“Ultimately, the decision to provide any services falls to the county commissioners and HCSO,” Collins said. “I believe HCSO is perfectly within its right to not contract for security service at the fairgrounds.”
• In other business, commissioners continue to wait for a decision from the Ohio Attorney General’s Office on a possible vacancy on the Board of Developmental Disabilities.
Commissioner Tom Horst said at the Aug. 3 meeting, it is unclear if the seat held by Sam Snyder is, indeed, vacant. “Anneka (Collins) is looking into it,” he said.
As of Aug. 3, commissioners have had a total of one letter of interest from someone wanting to serve on the Board of DD.
Multiple calls to Board of DD president Linda Allen were not returned by press time.[[In-content Ad]]
Last month, Ward informed the Highland County Fair Board that his office will not be providing security for the 2011 county fair. Ward informed the Fair Board to contact the Hillsboro Police Department, should the need for law enforcement services arise during the fair.
Hillsboro Police Chief Nick Thompson told The Highland County Press this week he would be issuing a news release on how his department will maintain security during fair week Sept. 3-10.
“There are many things that played into this decision, including limited manpower and equipment resources, along with scheduling issues and both economic and non-economic factors,” Ward said.
While the Highland County Fairgrounds is located in the city of Hillsboro, most of the property is owned by the County Board of Commissioners.
President of the Highland County Board of Commissioners Shane Wilkin said that he believes that the HCSO is not required to provide the security as they are required to on other county-owned property, such as the Highland County Courthouse, because the fair is not a mandated general fund department.
However, Wilkin requested that Collins provide a legal opinion on the issue.
“Based upon research of case law, attorney general opinions and relevant statute, I do not believe HCSO is required to provide security at the fairgrounds,” Collins told commissioners. “However, HCSO is required to respond to a call at the fairgrounds should it be requested.
“According to Attorney General Opinion (AGO2009-008), ‘the law enforcement officers of a county sheriff’s office are required to respond to calls for law enforcement assistance on county property notwithstanding the fact that the property is located within the territorial boundaries of a municipal corporation.’
“The opinion goes on to illustrate that the jurisdiction is concurrent to that of the municipal law enforcement and the Ohio State Patrol. In an opinion directly on point from 1963, the Attorney General opined that for the Ohio State Fairgrounds, the Franklin County Sheriff, the Columbus Police Department and the Ohio State Highway Patrol would have concurrent jurisdiction.
“Please note that nothing in the Ohio Revised Code requires HCSO to provide security to the fairgrounds,” Collins said. “In fact, the only county property HCSO is required to provide security for is the Highland County Courthouse. Additionally, pursuant to statute and case law, HCSO is not required to patrol the county or ferret out crime as a detective; HCSO is only required to respond to specific calls.
“Ultimately, the decision to provide any services falls to the county commissioners and HCSO,” Collins said. “I believe HCSO is perfectly within its right to not contract for security service at the fairgrounds.”
• In other business, commissioners continue to wait for a decision from the Ohio Attorney General’s Office on a possible vacancy on the Board of Developmental Disabilities.
Commissioner Tom Horst said at the Aug. 3 meeting, it is unclear if the seat held by Sam Snyder is, indeed, vacant. “Anneka (Collins) is looking into it,” he said.
As of Aug. 3, commissioners have had a total of one letter of interest from someone wanting to serve on the Board of DD.
Multiple calls to Board of DD president Linda Allen were not returned by press time.[[In-content Ad]]