By Cindi Andrews
The Cincinnati Enquirer

Krings

The $434,000-plus severance guaranteed to Hamilton County Administrator David Krings is unenforceable because the contract hasn't been certified by the auditor, the prosecutor's office said in a written opinion Tuesday, according to Auditor Dusty Rhodes.

"What this does is, it offers the commissioners an opportunity to revisit the substance of this agreement, and I hope they do that," Rhodes said.

Rhodes and county commissioners separately requested an opinion after questions arose about Krings' revised employment contract, approved by commissioners Dec. 30.

Krings may collect at least $434,000 if he is forced out, according to the contract. He also may opt to consider himself fired - and collect the severance - if even one commissioner suggests he resign.

The opinion comes on the eve of a planned closed-door meeting this afternoon. Commissioners Todd Portune and John Dowlin voted last week to seek removal of the one-commissioner clause, and Krings indicated Friday in an e-mail to commissioners - obtained through an Enquirer public records request - that he was willing to accept that change.

However, Commissioner Phil Heimlich, who took office after the contract was approved, said the county could endanger its chances of renegotiating the whole contract by removing one legally questionable clause and then submitting the revised contract to the auditor for certification.

"As insulting as the first contract was to the public, if the commissioners make one small change (Wednesday) and try to certify it, that's a greater insult than the first contract," he said Tuesday.

The auditor's certification guarantees money is available to fulfill a contract. If the commissioners send him the contract, Rhodes said, he'd have to certify the contract "if the funds are there. We don't have the ability to veto any decision that the County Commission makes."

A local political action committee, the Coalition Opposed to Additional Spending and Taxes, has sued the commissioners and Krings over the contract.

E-mail candrews@enquirer.com