Dayton Moves to Settle Claims Against County and Prosecutor

DAYTON—The Dayton City Council met Monday night to pass a resolution authorizing Mayor Craig George to settle all claims in the matter of a legal dispute between the City of Dayton, Columbia County, and Prosecuting Attorney, Rea Culwell.

The council also approved a resolution allowing the mayor to sign an agreement with Bell, Brown, & Rio PLLC, to provide municipal prosecution services to the city, beginning on Dec. 1, for a period of two months.

The county prosecutor’s office will discontinue providing prosecution services on behalf of the city on Dec. 1, according to Mayor Craig George.

An agreement drawn up by the city attorney Quinn Plant outlines the terms of the settlement:

The county will pay the costs incurred by the city for prosecutorial services, not to exceed $2,000 per month, until an amendment to the Interlocal Agreement between the two entities is negotiated and executed.

Until that time, the city will continue to pay to the county each month the amount it currently pays for county court services, including prosecution services, under the Interlocal Agreement.

Upon the final execution of an amended Interlocal Agreement by the city and the county, the county will no longer be responsible for the costs of municipal prosecution services for the city.

The agreement also requires the county to pay to the city an amount equal to the attorney’s fees and costs incurred by the city in the lawsuit. This amount is not to exceed $15,000.

In January 2007, the city and the county entered into an Interlocal Agreement regarding court services. The county agreed to provide court services to the city for prosecution, defense and adjudication of non-juvenile infractions, misdemeanor and gross misdemeanor offenses committed within the city’s jurisdictional boundaries.

On Aug. 31, Culwell notified the city that as of Sept. 6, her office would no longer prosecute non-domestic violence, and non-DUI/physical control matters on behalf of the City of Dayton.

The city initiated a lawsuit in Columbia County Superior Court on Sept. 13, naming the county, and Culwell as defendants, and requested a declaratory ruling and injunctive relief.

The Court issued a temporary restraining order the following day, requiring the county to provide municipal prosecution services to the city, as required in the Interlocal Agreement.

On Sept. 28, Culwell, in her capacity as the County Prosecuting Attorney, agreed to resume providing prosecution service as required by the Interlocal Agreement, for a period of 90 days.

The settlement agreement between the city and the county states that Culwell is not a party to the agreement, and that the agreement does not cover, or prejudice, claims of the county against Culwell, arising out of her refusal to provide municipal prosecution services, as required by the Interlocal Agreement.