An attorney for the Lorain County Board of Commissioners has responded to county Sheriff Phil Stammitti's newest claims that he has final authority over 911 dispatch services in the county.
The letter, dated Friday and provided to The Chronicle-Telegram the same day,
came in response to a legal argument Stammitti made at Tuesday's board meeting.
Stammitti's letter, which he gave the board on Tuesday, was the latest disagreement between the parties in more than a year over emergency radio communications in the county.
On Friday, attorney Matt Dooley of the law firm of Dooley Gembala McLaughlin Pecora wrote a response to Stammitti at the board's request, according to an email sent to The Chronicle-Telegram.
"Simply put, the board has operated the (911) system since August of 2011 with your express written consent," Dooley wrote, calling attention to an agreement signed by the board and Stammitti in 2011.
Despite Stammitti's argument that the agreement doesn't give the board operational control over Lorain County 911, "your actions since that time demonstrate otherwise," Dooley wrote.
"Indeed, for almost 13 years, you and the board have operated consistent with the (agreement) and the notion that all operational responsibilities were controlled exclusively by the board," he wrote the sheriff.
The board already was operating the county dispatch center when the agreement was signed "and thus your separate sheriff dispatch system was in many ways inefficient and more properly integrated with the existing county system," Dooley wrote.
Dooley's firm has done legal work as outside counsel for the county in the past. The Lorain County Prosecutor's Office represents both the Board of Commissioners and the Sheriff's Office and therefore has a conflict of interest preventing it from representing both sides in this dispute.
The intent of the 2011 agreement was consolidation of dispatch services, he wrote, and the board gained authority over hiring, firing and discipline at Lorain County 911, contract and union negotiations and responsibility for monetary and contract decisions.
Stammitti had argued that he maintained responsibility for the system because Lorain County has fewer than 750,000 residents, and that the board was not allowed to operate one unless he submitted a written waiver.
The 2011 agreement, Dooley wrote, "confirms that you not only declined to operate a communications system but that you expressly requested that the board continue operating the existing county system."
This means the board "has the exclusive and explicit authority under (Ohio law) to take all action consistent with its duty to operate the system, including contracting with MARCS to improve connectivity and reliability throughout the county," Dooley wrote.
Stammitti said Friday that he doesn't agree with Dooley's letter.
The Board of Commissioners was "proud" enough to announce it was creating a countywide public safety communications network in December, but "it's never been called that," he said.
The 2011 agreement "doesn't mention a system like that, it just mentions dispatch services," Stammitti said.
Stammitti said his next step probably was to consult with an attorney or get the board to hire one on his behalf, "go to court and let a judge decide."
Commissioners David Moore and Jeff Riddell, both Republicans, have been at odds with Stammitti, a Democrat, multiple public safety unions, county police and fire chiefs over emergency radio communications for more than a year.
Stammitti, his deputies, county fire chiefs and other elected officials prefer the Cleveland Communications L3 Harris radio system and got their wish in December 2022 when former commissioner Matt Lundy and current Commissioner Michelle Hung signed a multimillion-dollar agreement with CCI after years of study on the issue.
A month later, Moore and Riddell rescinded that contract to great criticism. Late last year, they adopted a different consultant's recommendation that the county go with the Multi-Agency Radio Communications System, or MARCS, over Hung's objection.
Multiple legal actions, including lawsuits by CCI against the county, have been filed over the issue since January 2023.
Hung took Stammitti's side in the latest disagreement on Tuesday. Moore and Riddell rejected Stammitti's claim.
Public safety forces in Avon, Avon Lake, North Ridgeville, Sheffield and Sheffield Lake were the first to adopt the CCI/L3 Harris radio system. Officials in those cities and Sheffield have said the system is working well.
Other cities, villages and townships have purchased the L3 Harris system as their preferred radios. County officials have promised that the L3 Harris radios will integrate seamlessly with the MARCS system.