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Ohio Attorney General issues opinion on donated sick-leave
By Ed Runyan
WARREN
The Ohio Attorney General’s Office has written an 18-page opinion indicating that Trumbull County commissioners have the authority to establish a sick-leave policy to apply to other elected officials, such as the county engineer or sheriff.
The commissioners wrote such a policy last September, but because so many legal questions arose, the commissioners allowed department heads to opt out of using the policy.
Randy Smith, county engineer, chose that path, which meant Nancy Guerini, a former engineer’s employee who went off work without pay last July because she had cancer and used up all of her sick time, could not get donated sick-leave time from co-workers.
Smith runs one of the few departments in the county that don’t allow a worker to receive donated sick time from co-workers.
Guerini has remained off work since last July and hasn’t communicated with the county engineer’s office since January. Her employment with Smith’s office was terminated in a letter dated Friday, after numerous attempts to reach her by mail and telephone over the past five months, Smith said Tuesday.
Paul Heltzel, Trumbull County commissioner, said the opinion, dated April 29, says elected officials such as Smith or Sheriff Tom Altiere can establish their own policy regarding donation of sick-leave time, but they can’t make a policy that gives employees less than the county’s policy.
The Trumbull County Prosecutor’s office asked Ohio Attorney General Mike DeWine — seven months ago — for opinions on seven specific questions pertaining to the issue. Some of the questions were raised by Smith, some by the county commissioners.
The opinion has not, apparently, resolved all of the issues.
Smith said Tuesday he proceeded with Guerini’s termination last week in part because the opinion stated that the county’s new policy applied only to employees whose work absence occurred before the policy had gone into effect.
Heltzel said he thinks the opinion suggests that Guerini should have been covered under the countywide policy starting last October, but the commissioners have not discussed the opinion yet because of other pressing issues and have not decided on any steps to take as a result of the opinion.
Bill Danzo, an assistant Trumbull County prosecutor who advises the commissioners, said Dennis Watkins, county prosecutor, doesn’t disagree with the opinion.
Guerini did not return a phone call from The Vindicator on Tuesday seeking comment.
Guerini went public with her plight in August, saying Smith appeared unwilling to allow her to receive donated sick-leave time from co-workers, even though some workers had offered to donate it to her.
Smith said the department had never allowed donated sick leave time, and he opposed it.
Bargaining agreements covering most county workers allow them to donate sick time to co-workers as long as the donating employee retains a minimum of 120 hours, according to one county contract.
The Trumbull County auditor’s office, which handles payroll for most county workers, reported last year that during an average year, 40 of the county’s 1,600 employees donate sick time to a co-worker.