Gains should remember: there's no place like home

In Paul Gains' generosity to himself and the members of his staff, he needs to be reminded that while he and his subordinates are improving their legal knowledge at some of the nation's most popular destinations, most of the people who are footing the bill -- Mahoning County taxpayers -- would see a trip to San Francisco, New Orleans, Las Vegas or Lake Tahoe as a once-in-a-lifetime vacation. They have learned that there's plenty to do close to home -- just as the prosecutor's office can find continuing legal education closer to home as well.
In his recent public pronouncements, the county prosecutor has chosen to fuss over the relatively few dollars, identified by The Vindicator, that he and Assistant Prosecutor Linette Baringer repaid after a combination education/ski trip the two took to Lake Tahoe. In trying to focus public attention on one of the smaller trees in Squaw Valley, Gains is conveniently trying to deflect attention from the forest -- the $4,100 of public money he appropriated for their trip.
Attending professional meetings, for which there is no in-state equivalent might be understandable if only one person from the prosecutor's office was enrolling. But two? Or three? Or four?
According to the National College of District Attorneys that presents the courses, typically -- especially in these times of tight finances -- one staff member might attend a four-day session and share what was learned and the course materials with colleagues upon returning home.
When either Gains or Baringer could have made the trip alone and later shared the information with the other, why should taxpayers pay for two airplane fares, two conference fees, two hotel rooms, as well as incidental expenses?
But it's not just Gains' and Baringer's trip that should raise taxpayer eyebrows.
Family vacations: While local steelworkers are fearing the loss of their jobs and the opportunity for their families to travel anywhere, two assistant prosecutors, Tim Franken and Robert Duffrin, are both in San Diego learning about forensic evidence. The trip is especially nice for Duffrin because he has family in San Diego, and he stays with them while he's there.
Never mind that a family stay saves the prosecutor's office from another hotel bill. There's still the flight, the conference registration fee and the fact that two people are also getting paid while not performing the people's business. Last March, three assistant prosecutors had to go to San Antonio to learn about about successful trial strategies. In August 2000, taxpayers spent more than $4,000 to send three prosecutors to Chicago -- for the same course, of course. A year ago, some $5,000 in public funds sent four Mahoning County assistant prosecutors to New Orleans to learn about prosecuting homicide cases.
If Gains can afford to run his office seemingly short-handed for weeks at a time -- everyone in the prosecutor's office also takes vacation days, as well -- perhaps it's time to look at his actual staffing needs.
No one would deny that NCDA courses are excellent. But within Ohio, the Ohio Prosecuting Attorneys Association also presents top-notch programs with highly regarded faculty. And those courses are usually held in Columbus -- no airfare needed -- over two days for the cost of one night's hotel stay and a conference fee of $200 that includes the seminars, breakfasts, lunches and a banquet. What's more, the necessary continuing education credits an attorney must earn can be obtained in Columbus just as readily as in one of the nation's garden spots. But then, who wants to piggyback a side trip to go skiing on the slopes of Franklin County after a couple of days in Columbus?
If the enthusiasm with which Gains sends his people around the country were matched by other Ohio counties, he might justify his travel budget -- despite Mahoning County's troublesome bottom line. But other counties -- particularly comparatively smaller jurisdictions like Mahoning County -- do not indulge in such extravagance.
Rather, the Furtherance of Justice account that most county prosecutors use for necessary travel expenses is also used to pay for equipment and needs of law enforcement personnel, particularly in those communities where funds are extremely limited. Gains, however, would rather pay for staff appreciation lunches and dinners and spring water from his account.
Piggies at the trough: How nice to guzzle spring water and chow down tasty lunches and dinners from the public trough. As we have said before, public employees should not be given special rewards for doing the jobs they're paid to do. If extraordinary service has been rendered, then a letter of commendation in a personnel file is all that's needed. If Gains wants to take his staff to lunch, he should have no problem paying for it out of his $98,690 annual salary.
And as to Gains saying he couldn't find the itemized receipts for his most recent trip, we're puzzled. Every other taxpayer is expected to keep itemized receipts. Certainly a lawyer should be familiar with the rules.
Perhaps the prosecutor should attend one of the Ohio State Bar Association's seminars on ethics -- and should read Internal Revenue Service Publication 463 on travel, entertainment, gift and car expenses. When he's finished, he might share the booklet with Commissioner Vicki Allen Sherlock whose similar problems with a county credit card didn't bother the prosecutor either. Now we know why.