LEBANON — The city manager will not go on trial until late January on felony charges related to early-retirement buyouts taken by two former officials.

        Retired city attorney Bill Duning, one of those accused of improperly taking the buyouts, will be tried first — Dec. 12 — in Warren County Common Pleas Court, Judge George Elliott decided Wednesday.

        City Manager James Patrick, former city auditor Debbie Biggs and retired electric director Bob Newton are tentatively scheduled to be tried together beginning Jan. 28, Special Prosecutor Patrick Hanley said after a pretrial hearing.

        The four, indicted in July after an 18-month Ohio Ethics Commission investigation, had been set for trial Oct. 22. However, Mr. Hanley sought a delay due to scheduling conflicts.

        The reason for two separate trials: Only Mr. Duning has waived his right to a jury trial, opting to argue his case before Judge Elliott, a retired Butler County judge appointed to the case.

        Mr. Duning and Mrs. Biggs are accused of improperly taking advantage of an early-retirement buyout program offered to electric deparment employees. They are charged with theft in office and unlawful interest in a public contract — felonies that could bring up to five years in prison and $10,000 fines.

        Mr. Newton and Mr. Patrick both were charged with aiding and abetting Mrs. Biggs and Mr. Duning — also felonies that carry maximum penalties of five years and $10,000.

        Mr. Newton, as electric department director, signed off on the buyouts. Mr. Patrick admitted knowing Mr. Duning and Mrs. Biggs were taking them.

        City Council learned of the buyouts in January 2000 — just weeks after the three retired. The city recovered about $316,000 that had been paid into Mr. Duning's and Mrs. Biggs' retirement accounts for the buyouts.

        Mr. Newton also took an early-retirement buyout, but the Public Employees Retirement System refused to return that money.

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