Vindy.com

Published: Tuesday, October 16, 2007

Sheriff's 'dinner' ended at 2 p.m., official says



By D.A. WILKINSON

VINDICATOR SALEM BUREAU

LISBON — Where did Columbiana County Sheriff David L. Smith go after he left an official event sponsored by a law enforcement association?

Smith was charged by an Ohio State Highway Patrol trooper in Guernsey County for operating a motor vehicle while under the influence, speeding and driving outside marked lanes on Interstate 70, apparently while heading home around 9:30 p.m. Thursday evening.

Smith told the state trooper who pulled him over that he was coming from a Buckeye State Sheriffs' Association dinner in Columbus.

The association had an event that day, but it wasn't a dinner.

Robert A. Cornwell, the association's executive director, said Monday that Smith arrived at the association's office about 9:25 a.m. Thursday for a meeting that started at 10 a.m.

The meeting was held to discuss how command vehicles stationed at 11 counties throughout Ohio are being used and whether they are effective.

One of the vehicles is stationed in Columbiana County and is to be used, if needed, in surrounding territories.

Cornwell said the meeting broke at noon, and everyone went to a local restaurant for lunch.

"People had iced tea or lemonade," Cornwell said.

The officials went back to the office, and the meeting ended at 2 p.m.

The executive director said he did not know where Smith went after that.

"It's an unfortunate occurrence," Cornwell said of Smith's situation.

He added, "We must all be responsible as citizens or elected officials."

Smith was not available to comment Monday. A worker at his courthouse office said the sheriff had been in and had left.

Smith has referred all questions to his lawyer, Atty. Lawrence Stacey, who also could not be reached Monday.

One source said Smith has a son who lives in Columbus, but added that it wasn't clear where Smith was Thursday evening.

Smith is scheduled to be in municipal court in Cambridge at 8:30 a.m. Wednesday.

Trooper S.W. Bayless of the OSHP said the sheriff smelled of alcohol and asked the trooper to let him go.

Smith did not participate in field tests to determine his sobriety but did give a urine sample. Test results have not been released.

It was not immediately clear if the charge of operating a vehicle while impaired will affect Smith's driving privileges on or off duty.

Columbiana County Prosecutor Robert Herron, who is the legal adviser to the sheriff's office, said he had not talked to Smith. Because the sheriff has obtained private counsel, Herron said he legally cannot talk to the sheriff about the charges.

Herron said he has no legal involvement in any proceedings in Smith's case.

County Auditor Nancy Milliken, who oversees county spending and travel expenses, said that each office can set its own policies.

Smith was driving a black Ford sedan that was purchased by the county.

Milliken said that under recent IRS regulations, Smith can drive the vehicle on business and back and forth to his home because he is a safety official and on call 24 hours a day.

The county is using, but hasn't formally adopted, the IRS regulations.

The sheriff's office contract with the Fraternal Order of Police/Ohio Labor Council spells out the procedure for disciplining workers but does not mention any specific offense.

Milliken said that policy would not apply to Smith, since he is the officeholder. Each officeholder can set his or her own discipline policies, she said.

The county commissioners are in the process of revising a recent update of a blanket policy for county workers. Commissioners approved the policy in 1984 when few if any offices had such policies.

Jim Hoppel, chairman of the commissioners, said of Smith's situation, "I take it seriously."

The blanket policy says that employees who use a county vehicle "shall adhere to all safety regulations. Reckless or destructive operation of vehicles is grounds for disciplinary action."

The blanket policy doesn't specifically forbid any specific crime, however.

Milliken said the policy would not legally apply to Smith since he is the officeholder.

Hoppel said people obviously know they should not drink and drive.

In the policy, Hoppel said, "it is implied that workers must obey all state laws."

He added that the commissioners will take a deeper look as they revise the plan.

wilkinson@vindy.com

Tuesday, October 16, 2007

By D.A. WILKINSON

VINDICATOR SALEM BUREAU

LISBON — Where did Columbiana County Sheriff David L. Smith go after he left an official event sponsored by a law enforcement association?

Smith was charged by an Ohio State Highway Patrol trooper in Guernsey County for operating a motor vehicle while under the influence, speeding and driving outside marked lanes on Interstate 70, apparently while heading home around 9:30 p.m. Thursday evening.

Smith told the state trooper who pulled him over that he was coming from a Buckeye State Sheriffs' Association dinner in Columbus.

The association had an event that day, but it wasn't a dinner.

Robert A. Cornwell, the association's executive director, said Monday that Smith arrived at the association's office about 9:25 a.m. Thursday for a meeting that started at 10 a.m.

The meeting was held to discuss how command vehicles stationed at 11 counties throughout Ohio are being used and whether they are effective.

One of the vehicles is stationed in Columbiana County and is to be used, if needed, in surrounding territories.

Cornwell said the meeting broke at noon, and everyone went to a local restaurant for lunch.

"People had iced tea or lemonade," Cornwell said.

The officials went back to the office, and the meeting ended at 2 p.m.

The executive director said he did not know where Smith went after that.

"It's an unfortunate occurrence," Cornwell said of Smith's situation.

He added, "We must all be responsible as citizens or elected officials."

Smith was not available to comment Monday. A worker at his courthouse office said the sheriff had been in and had left.

Smith has referred all questions to his lawyer, Atty. Lawrence Stacey, who also could not be reached Monday.

One source said Smith has a son who lives in Columbus, but added that it wasn't clear where Smith was Thursday evening.

Smith is scheduled to be in municipal court in Cambridge at 8:30 a.m. Wednesday.

Trooper S.W. Bayless of the OSHP said the sheriff smelled of alcohol and asked the trooper to let him go.

Smith did not participate in field tests to determine his sobriety but did give a urine sample. Test results have not been released.

It was not immediately clear if the charge of operating a vehicle while impaired will affect Smith's driving privileges on or off duty.

Columbiana County Prosecutor Robert Herron, who is the legal adviser to the sheriff's office, said he had not talked to Smith. Because the sheriff has obtained private counsel, Herron said he legally cannot talk to the sheriff about the charges.

Herron said he has no legal involvement in any proceedings in Smith's case.

County Auditor Nancy Milliken, who oversees county spending and travel expenses, said that each office can set its own policies.

Smith was driving a black Ford sedan that was purchased by the county.

Milliken said that under recent IRS regulations, Smith can drive the vehicle on business and back and forth to his home because he is a safety official and on call 24 hours a day.

The county is using, but hasn't formally adopted, the IRS regulations.

The sheriff's office contract with the Fraternal Order of Police/Ohio Labor Council spells out the procedure for disciplining workers but does not mention any specific offense.

Milliken said that policy would not apply to Smith, since he is the officeholder. Each officeholder can set his or her own discipline policies, she said.

The county commissioners are in the process of revising a recent update of a blanket policy for county workers. Commissioners approved the policy in 1984 when few if any offices had such policies.

Jim Hoppel, chairman of the commissioners, said of Smith's situation, "I take it seriously."

The blanket policy says that employees who use a county vehicle "shall adhere to all safety regulations. Reckless or destructive operation of vehicles is grounds for disciplinary action."

The blanket policy doesn't specifically forbid any specific crime, however.

Milliken said the policy would not legally apply to Smith since he is the officeholder.

Hoppel said people obviously know they should not drink and drive.

In the policy, Hoppel said, "it is implied that workers must obey all state laws."

He added that the commissioners will take a deeper look as they revise the plan.

wilkinson@vindy.com

Tuesday, October 16, 2007
Where did Columbiana County Sheriff David L. Smith go after he left an official event sponsored by a law enforcement...