Commissioner: Handling jail review at local level preferred

The Montgomery County Board of Commissioners has asked Dayton Mayor Nan Whaley to spearhead a civilian review group for the county jail, which could impact the commission’s request for a federal probe of the facility.

A federal investigation into potential civil rights violations at the jail is warranted, but the county commission would be willing to modify its request for an inquiry by the U.S. Justice Department if a truly independent and bipartisan jail oversight group is established, said commission President Dan Foley.

RELATED: Mayor declares support for jail oversight committee

To be objective and credible, the group must be unconnected to the sheriff’s office and board of county commissioners and must represent key stakeholders, citizens and grassroots community members, Foley said.

“Our preference is that this be handled at the local level,” Foley said. “We believe with the right effort and the right amount of trust, we can deliver on that.”

RELATED: County commissioners ask for civil rights investigation into jail

Mayor Whaley said she wants to meet next week with the county commission, Sheriff Phil Plummer, and state Sen. Peggy Lehner, R-Kettering, to discuss the best way to put a committee in place.

Requests for comment from the Sheriff Phil Plummer were not immediately returned on Tuesday.

She said bringing these groups to the table hopefully will determine a way to create a transparent oversight group.

“I am very pleased that everyone agrees that we should have an oversight committee that is autonomous,” she said.

On Tuesday, the county commission sent a letter to Mayor Whaley asking her to lead efforts to form a civilian jail review committee and serve as its chairperson.

Less than a week ago, the mayor announced that the city supports Plummer creating a civilian jail review group and asked for Dayton to be allowed to appoint as many as half of its members.

During a Tuesday press conference, Foley said the commission still stands by its request for a federal investigation, but it would be willing to modify its request if a bipartisan and independent oversight group is formed.

The commission wanted to express support for a more community-based analysis of the jail, and community jail review committee needs to have credible leadership and be nonpartisan and independent from the sheriff and commissioners, Foley said.

Commissioner Foley said he and county Administrator Joe Tuss met with Plummer Tuesday morning and attended his command staff meeting where they discussed the civilian jail review group. The commission also sent a letter to Plummer notifying him of the commission’s request to the mayor.

RELATED: Multiple lawsuits filed against county jail claiming misconduct

If the right kind of committee is put in place, the commission might be willing to modify the request it sent to the Justice Department two weeks ago to probe potential civil rights violations and use of excessive force against inmates at the jail, Foley said. The jail and county face about eight current lawsuits alleging mistreatment of inmates, which could lead to costly settlements or payouts.

The committee needs high-quality community leaders who can produce some objective recommendations for long-term improvements at the jail facility, Foley said.

“We believe that this idea of a local initiative … could work as long as the stipulations that we’ve laid out hold up,” he said.

Last week, Mayor Whaley said the city supports the sheriff’s efforts to create a civilian jail review group, but asked for Dayton to be allowed to appoint 40 to 50 percent of its members.

The city accounts for roughly that share of the county jail’s inmate population, said Whaley, who also voiced doubts that the Justice Department would launch an investigation into the jail because of the new administration’s priorities.

She said if a probe did occur, it would likely take years.

RELATED: County jail probe by feds no sure thing, experts say

Whaley said she is “flattered and honored” to be asked to lead an oversight committee, but she stressed that the commission, sheriff and Lehner really need to come to the table and hash out an appropriate process for formulating a review group.

“I think we need to have a meeting with the four of us and decide what is the best way to move forward,” she said.

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STAYING WITH THE STORY

We have extensively covered issues related to the Montgomery County Jail and lawsuits filed against its employees. We will continue to follow major steps in the request for a federal investigation.

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