State Ex Rel. Jones v. Hamilton County Board of Commissioners

I concur with the majority’s holding that the sheriff has the discretion to use prisoner labor through a work-detail program to paint the interior walls, floors, and trim of the pods in the Justice Center without the necessity of complying with the Ohio prevailing-wage law, R.C. 4115.03 through 4115.16.

Painting the Justice Center is not “maintenance,” but is, rather, “construction” as that term is defined in the prevailing-wage statute. R.C. 4115.03(B)(2). Thus, contrary to the appellees’ argument, painting a county jail is a public improvement under the statute. However, this case presents a…