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Ohio Commission Threatens Lawsuit Over Defunct EMS Provider

Benita Heath

Feb. 29--Athens County may get to the courtroom first as it and Lawrence County battle over who owes what to whom in the dissolution of the Southeast Ohio Emergency Medical Services.

Tuesday morning the Athens County Commissioners voted to take Lawrence County to court to get what it says that county owes the now defunct emergency medical services.

"We voted to file a writ of mandamus against the county commission and the auditor to pay their share of the SEOEMS dissolution," Lenny Eliason, Athens County Commissioner, said. "They are refusing to pay. We have asked several times. (The writ) asks for a government body to fulfill their obligation."

Eliason said he did not have the dollar amount of what Athens says is Lawrence's obligation, but that it included back worker's compensation and unemployment.

SEOEMS dissolved at the end of 2010 when Athens and Jackson pulled out, forcing Lawrence to starts its own EMS.

For more than 10 months, Lawrence County Commissioners have tried to get more than $300,000 that it says a state audit shows was owed the county from the tri-county EMS. Commissioners also asked the state Attorney General Mike DeWine to intercede. DeWine declined.

Recently, the commissioners said they would hire a private attorney to take the issue to court.

"We are refusing to pay because we don't owe them a penny," County Auditor Jason Stephens said. "It is clear from the state auditor that nothing is owed. And, in fact they owe us."

It is Commissioner Bill Pratt's understanding that Lawrence County's share of the dissolution equals approximately $40,000.

"Our feeling is since we are due $300,000, we are not going to pay anything more because we are owed a greater amount than we are due to pay," Pratt said. "We feel any amount we pay into it will only be used to satisfy debts of SEOEMS, which owes us $300,000. It will take a court order for me to pay any of that amount."

Commission President Les Boggs said the commissioners are scheduled to meet with Assistant Prosecutor Brigham Anderson on the county's potential lawsuit.

"We will formulate something then," Boggs said. "I am going to let my attorney comment."

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