NOCC Inmate deal still up in air

An April 8 hearing has been canceled but will be reset.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Local officials still are waiting to hear whether a court decision Monday was in time to save a deal in which federal inmates were to be temporarily incarcerated here.
"I'm still very optimistic," said Mahoning County Sheriff Randall Wellington. "I think it's all going to work out fine."
A spokesman for the U.S. Marshals Service said a decision should be forthcoming soon.
"I can't imagine that what happened would cause the whole deal to fall through, but that decision hasn't been made yet," said David Harlow, chief deputy U.S. marshal.
Lawsuit
Wellington and county commissioners were sued last week by the Fraternal Order of Police Lodge 141, which represents deputies in the sheriff's department. The union argued that terms of its labor contract were violated by an agreement between commissioners and Corrections Corporation of America.
The county has contracted with CCA to house federal inmates at the Northeast Ohio Correctional Center on Youngstown's East Side. The inmates will be awaiting trial or sentencing in federal courts.
The inmates would first be booked into the county jail and then transported to NOCC, where they would be supervised by CCA staff. The union says that violates a contract provision that prohibits the county from contracting out work usually done by deputies.
Visiting Judge Charles J. Bannon imposed a restraining order last week prohibiting the contract from going into effect. The first busload of federal inmates was on its way from Maryland at the time but was diverted to another site.
After a hearing Monday, Judge Bannon, who is sitting by assignment of the Ohio Supreme Court, lifted the restraining order. A hearing scheduled for April 8 on whether to continue the injunction was canceled. Judge Bannon said it will be reset at his convenience.
'Encouraged'
Damon T. Hininger, CCA's vice president for federal customer relations, said now he's waiting to hear from the U.S. Marshal's service whether they will resume sending inmates to be locked up at NOCC.
"I'm encouraged," Hininger said. "But I'll know more in a day or two."
Hininger said he called the marshal's service and faxed a copy of Judge Bannon's ruling but had yet to hear whether more inmates are coming this way.
Harlow said a decision should be made "fairly quickly," but he wasn't sure when it will be.
At the hearing, Judge Bannon said it would be "almost catastrophic" for the county's financial situation if the contract falls apart.
He ripped the union for placing "its selfish interests" above the commissioners' attempt to "save this entire county" by generating revenue through the CCA contract.
Glen Kountz, president of FOP Local 141, said the union's legal counsel notified county and federal officials in December 2003 that the proposed agreement was a violation of their contract, but they went forward with negotiations anyway.
"We didn't want to cause this much uproar," Kountz said.
"We just wanted our contract enforced."
bjackson@vindy.com