Plans for OK County jail health center survive as OKC and OK County head to mediation

Plans for a new Oklahoma County jail at 1901 E Grand Blvd. are still alive, starting with construction of a separate $40-plus-million Mental and Behavior Care Center, after county commissioners voted Friday to enter mediation in its lawsuit against the city asserting its authority to do so against the city’s wishes.

The surprise move came after behind-the-scenes wrangling since Tuesday, when the Board of County Commissioners declared the health center all but dead because the city’s offer to go to mediation, but after the first of the year, was too late for the county to use nearly $40 million in ARPA money.

It also came after a parade of opponents implored the commissioners to abandon the plans and instead distribute the money, from the American Rescue Plan Act, to county cities and nonprofit organizations, as the commissioners said they would, rather than give the $40 million back to the federal government.

The deadline for locking in ARPA funds is Dec. 31. The commissioners have tabled that move twice, in hopes of a last-minute deal with the the city.

State Attorney General Gentner Drummond wrote in an advisory “letter of counsel” to the county that it is likely to win its case, and should “enjoy immunity” for ignoring city zoning and going forward with a new jail over the Oklahoma City Council’s objections.

In response to an inquiry from The Oklahoman, OKC Mayor David Holt said in a written statement: “A mediation has been scheduled for next week, and the council will have elected representation present. The Council looks forward to the conversation and is very hopeful it will be productive.”

More: OK County: $40 million jail health center left for dead because OKC Council won’t budge

OK County has jail health center construction contract in hand

On Friday, the commissioners agreed to accept a recommendation from the county Citizens Bond Oversight Advisory Board to approve a contract with Flintco Construction to build the care center for a guaranteed maximum price of $44 million. They did not vote to approve it.

“We need to build this,” advisory board Chairman Steve Mason said. “We all have neighbors, we all have friends who have mental health issues. This is important to improve the mental health of this county.”

Later, after an extended executive session, the commissioners agreed to mediation with the city on Dec. 23. District Attorney Vicki Behenna’s office is representing the county in the lawsuit, and the municipal counselor’s office is representing the city. A pretrial conference is set for Jan. 23.

The commissioners appointed District 3 Commissioner Myles Davidson to represent the county in the out-of-court negotiations, with certain parameters.

“In keeping with the county’s good-faith efforts throughout this process,” Davidson said, “we’re going to accept the city’s request, and I thank them for entering mediation with us and trying to come up with a resolution for this.

“In that same good-faith effort, I think us telling them what we’re going to come to mediation with is ideal, and it’s for everybody to know.”

More: AG Drummond: OK County should be immune for ignoring OKC zoning to build a new jail

OK County Commissioner Myles Davidson spells out county’s positions on mediation with Oklahoma City

Davidson outlined the commissioners’ position:

• “The county has spent $21 million on the current site, through engineering and everything else, and … we cannot enter into mediation on a different site. We will enter into it as long as a different site is not discussed.”

• “Mediation is contingent with the city coming to the table with full settlement authority so that any settlement agreement reached that day will be binding upon signature. We’re doing the same.”

• “The county wants the city just to adopt their special permit as recommended by the Planning Commission to the extent allowed by law.”

• “The county is going into mediation with the intent to build a bus stop on site, if they will agree to operate and manage that bus site.”

• “Lastly, we’ve expended the DA’s time, efforts, and money and want the city to come into and pay our litigation costs. That’s a nominal, typical thing asked for inside of trials.”

OK County Commission Chairman Brian Maughan: Holiday mediation is the county’s final play to save the jail health center

Mediation is a “last-ditch effort to save the mental health facility,” said Commission Chairman Brian Maughan, who represents District 2. “I see this as the only option with the pending New Year’s Eve deadline.

“City Council is expected to meet before the end of the year, so, therefore, this is possible thanks to their coming together to meet in mediation on Christmas Eve eve.”

Del City Mayor Floyd Eason assails OK County commissioners

Longtime critics of the commissioners, their plans to build a new jail at 1901 E Grand, five miles east of downtown, and the Oklahoma County Criminal Justice Authority, which operates the current jail downtown, took their turns trying to change their mind.

Del City Mayor Floyd Eason complained the jail health center, since it would not be open to the public, would not serve the general public. Del City could use the ARPA money to repair or replace its water treatment plant, and Midwest City also has infrastructure needs that could be met, he said.

“I’m asking the commissioners: Don’t waste this money, holding it back for a facility that you can’t even afford to build,” Eason said, adding that more than a few Del City residents have told him they would move if the jail complex is built at nearby 1901 E Grand.

The estimated cost of a new jail has ballooned to upwards of $700 million since voters approved a $260 million bond issue to pay for it. Separating the health center from the jail itself allows the county to use the ARPA funds to cushion the effects of inflation. And the county is considering $450 million in loans.

“We’re going to fight this. We’re still fighting this. We’re not going to stop fighting this, and I’m here to tell you that Del City, and Midwest City standing with us, we’re completely against this construction contract,” Eason said.

More: Three Democrats, one independent, file to run for District 1 Oklahoma County commissioner

Del City Council member Scott Tatom says OK County got a permit to build the present jail, and should follow precedent

Scott Tatom, who represents Ward 4 on the Del City Council, took Davidson to task for his claims that the county is a superior sovereign over the city when it comes to maintaining a jail, which is the heart of the county’s claim in its lawsuit, and quoted state statutes regarding the authority of cities and counties.

Tatom said that in 1988, when the county was planning for the present jail at 201 N Shartel Ave., they applied for and got a special permit from the city, so the county should follow its own precedent.

The Oklahoma Supreme Court, legal experts say, has ruled there is a “Superior Sovereign” doctrine and that counties are not necessarily subject to municipal zoning, but it adopted a balancing-of-interests test for implementing it.

Del City resident Robert Koon repeated his complaints that the commissioners are ignoring the will of people living in Del City, Midwest City and southeast Oklahoma City.

“I don’t know how many times that we have been up here telling you how we feel. You’re not listening to us,” Koon said. “We don’t want the damn jail or any other facility that goes with it.”

Activist: County jail process ‘rigged from day one’

Mark Faulk, with grassroots nonprofit People’s Council for Justice Reform, repeated his claims that the location process has been “rigged from day one” and that turning to private equity firms for a loan puts taxpayers on the hook for commissioners’ bad decisions and poor management.

“You don’t have the money to build the jail, you don’t have the money to run that jail if you had the money to build it,” Faulk said.

He also condemned other funding options the commissioners have said they are considering.

“We will not pass through an increase in ad valorem taxes. We will not allow you to put through a sales tax. … Quit trying to shove the jail down our throats.”

Sara Bana, a member of the Midwest City Council and a candidate for District 1 county commissioner, complained that “county government is corrupt to its core” and that the commissioners are “puppets for millionaires and billionaires and the tycoons that run this state and this county.”

The private equity firms the commissioners hope to borrow money from are “as crooked as can be,” Bana said.

She told the commissioners, “Be representatives, not tyrants.”

Staff writer 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, starting in 1999. Contact him at rmize@oklahoman.com.

This article originally appeared on Oklahoman: OKC, Oklahoma County head to mediation over jail site lawsuit

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