MOUNT VERNON — In an attempt to recover insurance premiums and deductibles paid from the general fund, the Knox County Commissioners Office filed a lawsuit on Feb. 13 against Knox County Engineer Jim Henry. This is the latest move in a sequence of events that began with a lawsuit filed in 2003.
The commissioners filed what they termed a friendly lawsuit against Henry on Feb. 23, 2003, with the Common Pleas Court in Knox County, to recover $38,756.73 from Henry’s office. The amount is the portion owed by the engineer’s office to participate in the county’s self-insurance pool for 2002 and 2003.
The commissioners wanted to use fuel and license revenue to cover the amount owed for the insurance. Henry said using that money for such purposes was unconstitutional.
The initial ruling from the Knox County Court of Common Pleas favored the commissioners’ office, with the court stating that highway and gasoline tax revenue could be used because the insurance charge was a cost of operating the engineer’s office.
Henry appealed, and the case moved to the 5th District Court of Appeals. The appeals court ruling also favored the commissioners; Henry then requested the Ohio Supreme Court to review the case. The Ohio Supreme Court received the case Nov. 8, 2005, and handed down a decision on June 7, 2006.
However, according to Rochelle Shackle, clerk in the commissioners’ office, the ruling from the Ohio Supreme Court was ambiguously worded, and each party claimed the ruling was in its favor.
Because of the vague ruling, the commissioners have filed a new lawsuit against Henry, this time in the amount of $22,280; the latest lawsuit continues to be referred to by the commissioners as a friendly lawsuit. However, Knox County Commissioner Allen Stockberger said Henry “viewed [the lawsuit] as less than friendly.”
Knox County is a member of the County Risk-Sharing Authority, an association that provides the county with various types of insurance. The County Commissioners’ Association of Ohio approached the Knox County Commissioners and asked if they would agree to be a test case for the state of Ohio, as other counties have had similar problems. According to Shackle, CORSA is funding both sides of the case, and therefore the expense of the lawsuit does not affect Knox County taxpayers.
Henry belongs to the County Engineers Association of Ohio.
“I believe they [CEAO] have counseled him not to pay [the disputed fees],” Stockberger said. He also said the county commissioners want this to be a friendly suit for clarification purposes only.
Because the case is still pending, Henry declined to comment.