Oklahoma County seeks to settle its lawsuit against OKC over prison impasse

Oklahoma County Commissioners want to make peace with the city of Oklahoma City before further costly legal action is taken in the dispute over the location of a new county jail.

The commission wants to build a new jail at 1901 E Grand Blvd. The Oklahoma City Council blocked the county's request for a special permit to override the prohibitive zoning in late May, rejecting the city planning commission's recommendation to approve it. The county filed suit in June, seeking judicial review of the city's denial.

This week, commissioners asked District Attorney Vicki Behenna to seek a settlement.

At stake are the costs of ongoing litigation and ever-increasing construction costs, both of which are borne by city and county taxpayers. There is also the threat of the U.S. Department of Justice stepping in with even greater costs. Not to mention public safety and the care and nutrition of prison inmates.

“We have asked (the district attorney) to explore every option that could lead to a ceasefire so we can move forward and begin construction on a new jail immediately,” said Brian Maughan, chairman of the Board of County Commissioners. “The district attorney already emailed the city attorney yesterday to see if there is any interest.”

The conflict comes at a time when the county's prison administration is at odds with the Oklahoma State Department of Health over unannounced prison inspections, county commissioners are raising alarm about the possibility of a sales tax and higher property taxes being required to finance a new prison for the first time in Oklahoma County, and relations between the city and the county are generally strained.

From the district's point of view, the mutual respect that the administrative authorities of the city and the district should have for each other is also at stake.

Oklahoma County criticizes lack of respect for Oklahoma City's elected officials

The county sought judicial review of the city council's denial, citing “the city's declining respect for county governmental authority and the city's inability to recognize the limits of its own authority” and calling the city's response a “political shell game” of “sham cooperation.”

Joe Allbaugh, chairman of the county's revamped jail trust, also complained that while Oklahoma City staff was accommodating, elected officials had to cooperate “because they have a vested interest in being partners with the county.” The city accounts for up to 65 percent of the monthly jail population, he said.

Matt Collins, deputy councilman, said he could not comment on the “content” of any attempted negotiation. The council would have to approve any proposed settlement, he said. Mayor David Holt was traveling Wednesday, was unfamiliar with the latest developments in the case and had no comment, said Steve Hill, his chief of staff.

Neither Behenna nor Brook Arbeitman, her communications director, would comment on any pending litigation, Arbeitman said.

Judge rejects Del City's attempt to intervene in county's lawsuit against OKC

Meanwhile, District Judge Doug Drummond denied Del City's motion to join the proceedings, ruling that Oklahoma City's position seeking dismissal of the lawsuit fairly reflected its own.

“Both municipalities have an equal interest in rejecting the county's efforts to construct a jail at this site. Moreover, Del City has not presented any tangible basis for claiming alleged inadequacy. Therefore, the court concludes that Oklahoma City will adequately represent Del City's interests in this litigation,” the judge ruled.

The language of the lawsuits from both sides is at times caustic.

In the city's petition to dismiss the case, City Attorney Kenneth Jordan said it was “difficult to follow the confusing outline” of the county's original complaint and condemned the “two pages of colorful discourse on matters that are in no way relevant” to the City Council's denial.

Jordan argued that the county's claim that it has absolute sovereignty over city zoning and enjoys immunity from it was “unlawful.”

In her response, the district attorney argued that the city was interfering with the county's authority and legal responsibility.

“The Oklahoma State Constitution specifically requires the county to provide a jail facility and fund its operation,” Behenna wrote. “This is a duty of the highest order and is not imposed on any other governmental agency in the state.”

“By ignoring traditional land use regulations and substituting its own policy decisions for those of the county, the Oklahoma City Council directly interfered with the county's constitutional functions.”

Behenna said the city's motion to dismiss the lawsuit was “designed solely to delay the resolution of concerns of constitutional significance.”

“As part of its political tactics, the City has made false claims that, at best, are designed to generate salacious and misleading media headlines that support its political agenda and, at worst, are an attempt to mislead this Court.”

Editor Richard Mize covers Oklahoma County government and the city of Edmond. He previously covered housing, commercial real estate and related topics for the newspaper and Oklahoman.com since 1999. Reach him at [email protected]. You can support Richard's work and that of his colleagues by purchasing a digital subscription to the Oklahoman. Currently, you can get 6 months of subscriber access for $1.

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