Sheriff sues over jail medical contract
Commissioners say consultants have not viewed medical records
Lake County Sheriff Oscar Martinez has filed a lawsuit against the Lake County Board of Commissioners over contracting two days after the commissioners voted to approve a month-tomonth contract for inmate medical services and requesting Martinez to write a letter stating consultants can review jail medical records and services.
During its November and December meetings, the board voted to defer a proposed contract with Correctional Health Indiana Inc., CHI, for inmate medical services. The contract would cost $6,094,854 for 2022 — $253,952 to be paid monthly — and a contract for inmate medical services was last put to bid in 2016, said commissioner attorney Matthew Fech.
The contract with CHI and the county expired Jan. 1, and the commissioners voted 3-0 Jan. 19 to extend the contract for one month with the request that the sheriff ’s department file a letter stating that consultants can review the jail medical records and another letter stating the department will go out to bid for jail medical services for 2023.
The lawsuit, filed Friday, has two counts: A declaration that the sheriff has the authority to enter contracts and spend funds within budget and a tortious interference with contract. The lawsuit is filed against the Lake County Board of Commissioners, Board President Michael Repay, D-3rd; Commissioner Kyle Allen, D-1st; Commissioner Jerry Tippy, D-2nd; and Lake County Auditor John Petalas.
The Board of Commissioners “is well within their authority to negotiate the contract,” Repay said. Martinez filing a lawsuit instead of allowing consultants to enter the jail raises questions about its conditions, Repay said.
While “everybody has a right
to be in court,” Repay said, it seems “the sheriff wants to be in court for many things,” alluding to the recent case against Martinez for allegedly resisting law enforcement and reckless driving.
“It makes me feel like he’s hiding something,” Repay said.
Attorneys representing Martinez did not respond to requests for comment.
The money to pay for the CHI 2022 contract was approved and appropriated by the Lake County Council in the sheriff ’s department 2022 budget, according to the lawsuit. Following the second deferral vote, on Dec. 20, Martinez and CHI executed a version of the 2022 contract, which “removed the signature block for the board of commissioners,” according to the lawsuit.
Martinez submitted a purchase order on Jan. 18, ahead of the commissioners’ January meeting, for the full amount of the 2022 CHI contract — $6,094,854 — and included a purchase order for the first invoice of $253,952, according to the lawsuit. Before the contract was set to expire, Martinez said he requested for the commissioners to hold a special meeting “because time was of the essence and inmate medical care was at stake,” but the commissioners did not hold a special meeting, according to the lawsuit.
After the commissioners’ January meeting, Martinez received an email that the order was held because the board “approved this but at the 2021 rate for the year 2022. We need to change the grand total dollar amount to match the 2021 rate.”
The difference between the two years “would results in a shortfall of $12,093 per bimonthly payment or $24,186 each month,” according to the lawsuit.
At the end of 2020, the board approved a contract with the National Commission on Correctional Health Care, a nonprofit organization that looks to improve standards of care in jails, which went into effect in January 2021, Repay said.
The commissioners have requested dates for the consultants to visit, but the sheriff ’s department hasn’t approved them, Repay said. It is difficult to accept the medical contract with CHI when the consultants with NCCHC haven’t been able to review the jail’s medical records, he said.
Martinez previously said former Warden Michael Zenk and county staff were discussing bringing in a consultant in early 2020. But, the commissioners then decided to hire a consulting company without communicating with the sheriff or warden.
During a Lake County Criminal Justice Coordinating Committee Meeting in February, Martinez said he and Zenk were informed that a company would come in to audit and evaluate the medical department and were introduced virtually to the representatives. The idea of a consultant was introduced at “the height of the COVID-19 pandemic” when visitation was limited, Martinez said.
On Sept. 12, 2008, the United States Department of Justice informed Lake County Officials that it intends to investigate conditions at the jail, according to the lawsuit. The DOJ oversaw the jail from December 2010 through December 2019 after 99 deficiencies were identified in the jail.
To address the issues the DOJ found, Martinez enlisted CHI to provide medical and health care services to inmates since January 2012, according to the lawsuit.
“CHI was instrumental in implementing the changes that were required to bring inmate medical services in the jail into full compliance with the requirements of the Department of Justice,” according to the lawsuit.
The lawsuit requests the court declare the sheriff has the authority to enter into contracts that relate to the operation of the jail; direct the board of commissioners and auditor to approve the purchase order and any future purchase orders or invoices submitted by the sheriff in connection with the revised 2022 CHI contract; declaring the sheriff has the authority to determine how to spend the funds in the annual budget once it has been approved by the Lake County Council; declaring the sheriff does not need to submit future contacts to the Board of Commissioners for approval that relate to operation of the jail and the care of the inmates; and granting the sheriff “all other just and proper relief.”