Children Services seeks delay in contempt hearing

http://www.mansfieldnewsjournal.com/article/20120128/NEWS01/201280301/Children-Services-seeks-delay-contempt-hearing


MANSFIELD -- Richland County Children Services wants to delay a contempt of court hearing, scheduled for Monday.

Attorney R. Scot Harvey filed for a stay in the proceedings while the agency appeals Judge Ron Spon's decision to overrule a motion to quash any subpoenas that may be issued to Children Services staff.

Harvey argued employees have rights, including the 5th Amendment right, to avoid self-incrimination.

"When the movant for a stay of proceedings pending appeal is a governmental entity, the Ohio Supreme Court has explained that the movant is entitled to the stay as a matter of right, and the stay is virtually automatic," he wrote.

Harvey wants the Fifth District Court of Appeals to consider the subpoena issue. Five Children Services staffers, including Director Randy Parker and attorney Edith Gilliland, have been called to testify in the contempt case.

"The judge has advised all the parties to be present Monday," court administrator Mike Casto said.

The issue is a surveillance tape of an Aug. 22 incident in the public lobby at Children Services. A father said a case aide threatened to take his recorder and ended his visit with his daughter prematurely.

Spon ordered the agency to turn over the recording, which never happened. The incident reportedly has been recorded over.

Last week, the Children Services board voted 12-0 to reject a proposed agreement to avoid the contempt hearing. According to the resolution, the board planned to show it made an unintentional error in the retention of the tape. The contempt action is against the board, not Parker and Gilliland, but attorneys could refile against them.

In another development, Children Services has withdrawn its motion to have Spon removed from another case. The agency had alleged bias and conflict of interest.

The case has a peripheral connection to Richland County Commissioner Gary Utt. As a commissioner, Utt helps determine funding for juvenile court. The agency also claims Spon has publicly voiced his displeasure with Children Services and Parker.

Spon, who initially called the claims "ridiculous," declined further comment Friday.

Harvey could not be reached for comment as to why the agency withdrew its motion.

mcaudill@nncogannett.com
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