Prosecutor informs commissioners: VSC salary request 'not permissible'

Highland County Prosecutor Anneka Collins issued an advisory opinion to the county commissioners at their Wednesday, Feb. 6 board meeting regarding a proposed resolution from the Veterans Service Commission.

In the proposed resolution to county commissioners, the VSC sought increases in salaries for Veterans Service Commissioners with a total annual salary income of $5,400 per year per commissioner.

"The salary increase will be commensurate with newly assigned duties, equitable in comparison and congruent with fellow county Veterans Service Commissioners, and will allow for PERS (Public Employee Retirement System) match towards a VSC's retirement from service when he/she so desires," the proposed resolution stated.

The proposed resolution included the names of Highland County Commissioners Shane Wilkin, Tom Horst and Jeremy Shaffer with an adoption date of January 2013.

On Wednesday, the county commissioners said this was the first time they have seen the proposed resolution.

"On Jan. 25, (VSC President) Mr. (Ray) Alexander met with me and brought the requested raises for VSC commissioners," Collins said. "The county commissioners would have to approve them. They want to more than double their current rate and be eligible for Ohio PERS."

In a Jan. 16 letter to Collins, Alexander said: "We are requesting clarification from your office in regards to an across-the-board raise for 2013 for Highland County Veterans Service commissioners. While we understand the county commissioners must set and approve the salary for the VSC, it is also understood that the county prosecutor's office must make that recommendation to the commissioners prior to their approval."

Alexander said the VSC had had conversations "with both the Ohio Department of Veterans Services and the Brown County Veterans Service Office."

"Normally, a VSC does not get his/her raise until they have completed their first obligation of service," Alexander said. "However, raises can be given across the board for all VSCs, provided the county prosecutor has reviewed and approved the request prior to submission to the county commissioners."

Collins disagreed with that assessment of the legal process.

"Ohio law prohibits someone in their current term from voting themselves a raise," Collins told commissioners. "I checked to see if there was an exception."

Collins presented a Feb. 5 letter to commissioners in which she referenced a similar situation in Clinton County in 2001.

"In Clinton County, the VSC requested a raise during their term," Collins said. "To avoid the Ohio Constitution prohibition, the (VSC) members resigned from the board and were immediately re-appointed to their positions by the then-Clinton County Common Pleas Court judge. The Ohio attorney general, at the request of then-Clinton County Prosecutor William E. Peelle, issued an opinion. Again, the Ohio Constitution is cited and the problems with the situation are highlighted."

Collins included the Sept. 5, 2001 opinion from former Ohio Attorney General Betty Montgomery. In that opinion, Montgomery said: "A member of a Veterans Service Commission, who is holding office at the time the board of county commissioners increases the compensation for that position, is prohibited from receiving such increase for the duration of his term."

In addition, Montgomery said, "The VSC members … may not receive such increase by resigning and being re-appointed to the commission by a judge of the common pleas court. They may receive such increase upon their re-appointment to the commission only after the expiration of the term they were serving when the increase was adopted."

Collins said she had not asked Highland County Common Pleas Court Judge Rocky Coss if he might accept the resignation of current VSC commissioners and immediately re-appoint them in order that they may receive the increase. Collins added that she "rather doubt(ed)" it.

"I told Mr. Alexander and Robin Brown that what they are asking for is not permissible," Collins said.

In her written response to the commissioners and the VSC, Collins said: "In your letter, you advise that you contacted the Ohio Department of Veterans Services to discuss the raise (according to Robin, specifically, Mike Hare). While Mr. Hare could not recall the conversation, he did advise that the Highland County VSC absolutely cannot receive a compensation increase while in term. He also advised that had he spoken with the Highland County VSC, he would have directed them to the (Ohio) attorney general opinion I have attached."

Collins concluded by saying, in her opinion, "The office holder may receive such increase upon their re-appointment to the commission only after the expiration of the term they were serving when the raise was adopted."

Commissioners took no action on the proposed resolution from the VSC.