MAHONING COUNTY Captain sues sheriff for department records

By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A captain with the Mahoning County Sheriff's Department is asking a court to force Sheriff Randall Wellington to hand over some department records.
Captain James Lewandowski says Wellington ignored his verbal and written requests for the documents, forcing him to take the legal route.
Lewandowski, who is expected to challenge Wellington in the March 2004 Democratic primary, would not comment when contacted by telephone. An 18-year veteran of the department, Lewandowski served as interim sheriff after Phil Chance was convicted of racketeering in July 1999.
In a complaint filed this week with the Ohio 7th District Court of Appeals, Lewandowski said that on July 7 he asked Wellington and Major Michael Budd of the sheriff's department for documents related to sheriff's department inventory and homeland security grant agreements.
He also wants a list of all department pagers, cellular telephones and vehicles, and to whom they are assigned. Lewandowski asked for that list in writing July 11.
Turned down by sheriff
Wellington denied the requests, saying the documents are "confidential law enforcement records," Lewandowski said in court documents. He argues, though, that the records are public and should be made available to him.
The sheriff said he doesn't believe documents related to the homeland security grant, which provides security funding for the northern portion of the county, should be disclosed, even though Lewandowski works for the sheriff's department.
Wellington said he hasn't seen the complaint but will hand it over to Prosecutor Paul Gains once he gets it.
"It will be in his hands. Whatever he decides, I will abide by it," Wellington said.
Gains said he got a letter from Lewandowski last week, asking that he urge Wellington to provide him with the documents. Gains said most, if not all, of the documents are public record, but he hasn't had a chance to talk with Wellington.
"I would assume the sheriff is aware of the public records law," Gains said.
Labor grievance
Lewandowski's complaint comes on the heels of a grievance he filed against Wellington earlier this month with the Fraternal Order of Police/Ohio Labor Council.
The grievance says Wellington removed Lewandowski from a day-shift position in the county jail and put him on a midnight-shift job guarding the Berlin Lake and Lake Milton dams. Lewandowski says the change was because he doesn't support Wellington's re-election bid.
"Anybody that knows me knows I'm not like that," Wellington said. "I'm not going to retaliate against anybody."
bjackson@vindy.com