County to Heffner: Stay away
Board gave her new job; it's illegal says prosecutor
McLaughlin, Sheila. Cincinnati Enquirer, April 12, 2007, pg. B1.

HAMILTON - When Jann Heffner shows up at her new job Monday, she might be working for free.

The county auditor said she won't pay Heffner, who was appointed administrator of legal services for Butler County Children Services Board after stepping down this week as the agency's executive director.

The prosecutor said she doesn't have to. The hiring was illegal. And, Heffner shouldn't expect to keep a six-figure consulting deal she made with the children services, Prosecutor Robin Piper said in a legal opinion released Wednesday.

He's told county commissioners they can break the $110,000 agreement without having to owe Heffner the full payoff she negotiated.

"A desire to protect Heffner is not a valid public purpose," Piper wrote in the opinion, which was requested by commissioners and county Auditor Kay Rogers.

He also said the agency's board of directors overstepped its authority when it hired Heffner in the newly created legal position. The board can hire only for the top spot, Piper said. Anything else falls to the executive director.

Heffner is standing firm, even though one commissioner said he hopes she'll just walk away. "Of course, I'm showing for work on Monday," Heffner said.

Her resignation as executive director takes effect Sunday. She's supposed to work as administrator of legal services through June 30, then start her year-long consulting contract on July 1.

Children services officials say they need Heffner to stay on as a consultant to work on projects that can't be done without her expertise.

Commission President Greg Jolivette said Heffner's presence at children services will be short lived.

Commissioners are expected to vote May 7 to disband the independent children services board and merge the agency with the county Department of Job and Family Services.

The switch requires a unanimous vote by the three commissioners, and Jolivette says he expects the issue will pass.

"The board could keep her on past April 15, but I'm not quite sure how they would do that. They would have to rescind her resignation or do something like that," Jolivette said.

"I think it's a foregone conclusion that we are going to make a change and we are not going to be hiring her for a consultant in the future."

Heffner resigned her $125,000-a-year job after weathering a storm of criticism following the death of 3-year-old Marcus Fiesel in foster care last August.

Her announcement in mid-February came as a commission-appointed task force prepared to release a review of the children services operation.

It concluded the agency was a mess and needed a change in leadership.

Heffner and board members were waiting Thursday for advice from their attorney, Bill Seitz, who was out of state on vacation.

Seitz said last week the county would face a lawsuit if they refused to pay Heffner.

Piper's legal opinion said Rogers can deny payment and ultimately force Heffner to take the matter to court.

"Bring it on if she does," Rogers said of the threat.

Jann Heffner's deal

Dec. 12, 2006: Butler County Children Services Board of Directors extends Jann Heffner's employment contract as executive director for six months through June 30, 2007.

Feb. 16, 2007: The board accepts Jann Heffner's verbal resignation effective April 15 and names her director of special projects through June 30. It agrees to continue her salary and benefits that she was paid as executive director. The board announces its intention to contract with Heffner as a consultant.

Feb. 27, 2007: The board approves a one-year, $110,000 consulting contract with Heffner that will run from July 1, 2007 through June 30, 2008. A provision is included to give Heffner the full amount if the agency is restructured.

March 9, 2007: Heffner and the board's vice chair, Frankie Carlson, sign the contract, which also changes Heffner's title to administrator of legal services.