LSSWMD to end relationship with CAO

Chris Dunham, PDT Sports Writer

October 25, 2012

Wayne Allen

PDT Staff Writer

The Lawrence-Scioto Solid Waste Management District (LSSWMD) met in regular session on Thursday and voted to end its relationship with Lawrence County Community Action (CAO), effective Nov. 9.

“For the past 12 years we’ve been associated with the Community Action Organization of Lawrence County. They’ve provided us (LSSWMD) with good service and a lot of assistance in establishing the district,” said Tom Reiser, Scioto County Commissioner and Chairman of the LSSWMD Board of Directors.

Reiser said he considers the move a business decision.

“Currently we are on a contract status with community action and all of the employees of the solid waste district are employees of CAO. What we did today was terminate the relationship with CAO and established Scioto County as the fiscal agent and employing the staff of LSSWMD as Scioto County employees,” Reiser said.

He said the termination of the contract will be effective at the end of the day on Nov. 9. The district is required to give a 10 day notice to CAO before the arraignment can be terminated.

On Sept. 12, 2012, Assistant Scioto County Prosecuting Attorney Danielle Parker - at the request of Reiser - issued a legal opinion, on the subject of Solid Waste District employees. In the opinion, Parker stated, “You have requested a legal opinion from this office regarding the mechanism for transferring employment of three employees of the joint solid waste district from the Lawrence County CAO to a county employee.

“The facts as I (Parker) understand them are that the joint solid waste district presently contracts with the Lawrence County CAO to maintain the office of the joint solid waste district. The joint solid waste district has three employees that are presently employed through the contract by the Lawrence County CAO.

“It is my further understanding that the joint solid waste district will likely terminate the contract with the Lawrence County CAO in accordance with contractual termination prevision thereby terminating the employment of the three employees.

“Section 343.01 (B) of the Ohio Revised Code allows for the board of directors to appoint and fix compensation of employees of the joint district. It is further stated that employees of the district shall be considered county employees for the purposes of Chapter 124 of the Revised Code and other provisions of state law applicable to employees.

“Therefore, I am of the opinion that what is necessary is for the board of directors by a majority vote, appoint the three employees as employees of the joint district and fix their compensation.”

The LSSWMD Board of Directors consists of Scioto County Commissioners, Tom Reiser, Mike Crabtree and Skip Riffe and Lawrence County Commissioners Bill Pratt, Les Boggs and Freddie Hayes.

The new LSSWMD office will be located at 109 North Third St., in Ironton.

Wayne Allen may be reached at 740-353-3101, ext. 208, or wallen@heartlandpublications.com.