MAHONING COUNTY Ex-deputy takes case to court

The sheriff said he's waiting for proof of the disability before processing the application.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A former Mahoning County deputy sheriff, fed up with waiting for his disability retirement application to be processed, has gone to court to force the sheriff's department into action.
But Sheriff Randall Wellington said he won't sign the papers until he gets more information about the disability.
Court records indicate the application of William Frease was submitted to Wellington's office in August 2001 to be filled out and forwarded to the state, which hasn't been done.
Frease has asked the 7th District Court of Appeals to force Wellington to fill out his part of the application so it can be processed. The employer's report is one of several documents required by the Public Employee Retirement System.
Frease, a 24-year employee, was fired last month because of drug-related criminal charges pending against him in Trumbull County. He said Wellington has held up the application to further complicate things for him.
"I don't know why the guy has to be forced to do something he's legally required to do," Frease said.
About the complaint: The legal complaint, filed by attorneys from the Fraternal Order of Police/Ohio Labor Council, says the sheriff's department was contacted several times between August 2001 and January 2002 by Frease, his attorney and the union, asking that the application be completed.
In November, PERS officials notified Frease by letter that his application won't be processed without the county's two-page report.
Wellington says Frease is holding up the application himself by failing to submit proof of a disability.
"The purpose of a disability [pension] is that you have to be disabled," Wellington said. "How can I possibly sign a document saying the man is disabled when he has not shown me any proof?"
The sheriff said he's repeatedly asked Frease for details and evidence of the disability, but has received nothing.
"Without that, I can't sign the application," Wellington said.
Frease said all that's required of the sheriff is to verify his employment and salary over the past three years. Verification of the disability is done by the PERS once the completed application is submitted.
Has never been asked: He said Wellington has never asked for verification of his disability and he's not required to provide it anyway. However, if Wellington wants to know, Frease said he'll tell him.
"All he's got to do is call me and ask," Frease said.
Frease said the disability is related to injuries he suffered to his shoulder and back in 2000.
bjackson@vindy.com