The Milan News-Leader
A Heritage Newspaper
Weekly Publication
Sheriff files another suit
Minzey accuses county of not using discretionary funds to expand jail
By Austen Smith, Heritage Newspapers
PUBLISHED: January 11, 2007
For the second time in less than six months, Sheriff Dan Minzey is suing Washtenaw County.
Advertisement
In a previous lawsuit, Minzey unsuccessfully attempted to block layoffs of more than 40 deputies and support staff in Ypsilanti, Augusta and Salem townships. Township and county officials were able, however, to reach an agreement before layoffs were issued.
In this latest action, Minzey is suing county officials over their handling of jail overcrowding issues and accuses the county of not using $62 million in unreserved discretionary funds to expand the jail.
While the lawsuit is aimed at shedding light on the county's inability to properly maintain the jail, which has caused chronic overcrowding, Minzey said he also wants people to know that the current $21 million bond plan that will add 96 beds to the 332-bed facility won't solve the overcrowding problem.
"I'm not working toward trying to stop (the bond)," Minzey said. "Somebody needs to point out the law to them. They're wanting to deflect blame and point to the sheriff and say, 'You're not managing your population.'
"I will not stand by and watch that happen. Somebody needs to take them court."
As of press time, the county hadn't responded to the lawsuit.
While attorneys for the county will respond to the lawsuit, County Administrator Bob Guenzel said the county administration already has discredited claims about the $62 million in discretionary funds.
"All along, we've been saying that these issues are without merit," he said.
"We've just about discredited all of the claims that he is making as far as the stuff about the $62 million in discretionary funding is concerned. We dealt with that last summer when we described how each of those funds is committed."
Guenzel said it's up to the sheriff to fulfill his obligation, in accordance with state law, in mitigating the jail overcrowding.
"The sheriff joined in a recommendation to stop the boarding out (of prisoners)," Guenzel said.
As part of the Jail Overcrowding Act, the sheriff is allowed to reduce sentences of inmates not charged with violent or drug-related crimes.
In a recent order stemming from a lawsuit filed by three inmates of the county jail, Washtenaw County Trial Court Judge Melinda Morris ordered that Minzey follow the state law.
Sheriff's Cmdr. Dave Egeler said the jail dipped below overcrowding on the day or a day after the writ was issued, so the mandate has become moot.
"There's only one current lawsuit regarding the jail and it's the new lawsuit jail filed by Minzey (Dec. 29)," he said. "So far, there are no orders of any kind ordering that (Minzey) reduce sentences."
But Guenzel disagrees.
"As far as I know, I don't think that has been appealed. And, as far as we're concerned, it's still governing," Guenzel said. (The jail) went to 315 inmates on Dec. 20 somehow. But we just got notice from the jail administrator that they will be in overcrowding again. Hopefully, I think the writ still governs. I'm just not sure what the sheriff will do."
Several months ago, county board members discontinued the long-held practice of boarding inmates at other facilities, which was a common tool used to reduce the inmate population. County officials say they stopped the process after they received a bill and discovered the sheriff was placing inmates in facilities that didn't have a contract with the county.
In this most recent lawsuit, Minzey accuses the county of preventing him from boarding out.
"People need to know that they're tying my hands because they stopped the boarding out," he said.
"I think (lawsuit) will force the all of this stuff to the forefront.
Commissioner Rolland Sizemore, D- District 5, said this latest action against the county is "just another one Minzey's smokescreens."
"As far as eliminating the boarding out, it's my recollection that was a joint thing between (Undersheriff Herb Mahoney) and the administration," Sizemore said. "And the reason we did that was because Dan was going out and boarding inmates at facilities that we didn't have contracts with."
Sizemore, who was re-elected in the November general election, said he doesn't see a resolution for jail overcrowding or the worsening relationship between county government and the sheriff's office.
"I really don't know what the answer is," he said. "I do know that it needs to come to a head and something needs to be done."
But despite the riff between Minzey and county officials, Egeler said the sheriff is looking forward to working with the incoming board.
"The sheriff feels that his authority is being eroded," he said. "Hopefully we'll find some kind of resolution."
Austen Smith is an editor with Heritage Newspapers. He can be reached at .
Not all stories are guaranteed to appear
online. The Web edition contains a reasonable
sampling of the print edition stories.
For the most complete news coverage, we invite you to
subscribe
to the print edition of the paper.
Expanded
Web
Coverage
Staff Blog, "Inside The Newsroom"
TOP JOBS
