Commission delays decision on police pact
Washtenaw County Commissioners on Wednesday delayed a decision on a police contract proposal for the three townships that sued over a previous contract offer.
Augusta, Salem and Ypsilanti townships continue to receive services from the Washtenaw County Sheriff's Department without a contract but under the protection of a court order, which county officials have wanted to resolve for a month. However, Wednesday's decision came amid some concerns the proposal might keep the apparently waning lawsuit alive.
County Administrator Bob Guenzel unveiled three options for the board to consider:
If the county adopts the proposal, the townships would have until June 21 to decide.
Though the per-deputy, patrol hour-price for 2006 is $95, the county agreed in negotiations to maintain a subsidy until 2007 that drops the cost to $53. The county voluntarily will charge the suing townships that rate until the deadline, according to the proposal. But once an agreement is reached, the county would charge $77 per hour.
Guenzel said the last thing he wanted to do was withdraw services but that the potential of the lawsuit dragging on for a year or more, now that portions are under appeal, puts the county at risk.
Still, commissioners tabled the proposal to their next regular meeting (June 7) and encouraged feedback and counterproposals. Only Commissioner Conan Smith, D-Ann Arbor, opposed the delay and later said he wanted the matter resolved quickly.
The issue has simmered since January, when the county offered a four-month "bridge'' contract at a price of $100 per deputy patrol hour while negotiations on a long-term contract continued. The townships rejected the proposal, calling it punitive because it charged roughly double what the county had determined the per-deputy patrol-hour price should be for 2006. They filed suit with accusations ranging from underfunding constitutional requirements to Open Meetings Act violations.
The presiding judge selected by the state, Monroe County Circuit Judge Joseph Costello, steered an agreement between the county and the townships that would maintain the current patrol levels at the same price ($53 per patrol hour) paid by other townships with contracts while the suit is pending.
Last month, Costello lifted the agreement while dismissing the first five claims of the suit, allowing the county board to proceed with new contract proposals. Earlier this month, Costello dismissed three of the remaining five claims. Township attorneys filed an appeal on the first five dismissed claims last week.
As part of that ruling, Costello advised the county that charging the townships more than the other communities would appear suspect and that he would expect the plaintiffs to seek another judicial order freezing prices at the current rate.
Ypsilanti Township Attorney Doug Winters reminded commissioners of as much while addressing the board Wednesday and said he would be in court this morning had they approved the proposal.
"Not only would you be doing what Judge Costello warned you not to do, but you'd be punishing the other townships as well ... because the sheriff has to respond to calls for service from wherever they come,'' he said.
Guenzel noted Costello's ruling also emphasized that he would entertain a new motion for injunction if the townships showed the county was making a profit on the per-deputy price, which it is not.
Commissioner Jeff Irwin, D-Ann Arbor, said the county was within the scope of the order and its right to charge more of the suing townships without being punitive because the county assumes some risks under the proposal, particularly in the month-to-month scenario.
"If they are going to put us in that position, where we have a huge payroll obligation that could be pulled out with 30 days notice, that risk should be compensated for,'' he said.
Art Aisner can be reached at aaisner@annarbornews.com or 734-994-6823.