STEUBENVILLE — Jefferson County Auditor E.J. Conn can ask a Common Pleas Court judge for permission to hire independent counsel to advise him on legal issues stemming from his refusal to pay an estimated $240,000 invoice for water line work completed without appropriated funds, a purchase order or any record of a public vote approving the expense.

Commissioners approved Conn’s request to petition the court without comment during Thursday’s meeting.

In seeking their approval, Conn told commissioners he is required under Ohio Revised Code Section 319.16 to ensure county funds “are expended only upon properly authorized claims.”

“After careful review, I have concluded that the expenditure at issue does not meet the statutory requirements for payment,” he wrote. “Given the potential for the board of commissioners to seek a writ of mandamus to compel payment, an inherent conflict exists that warrants independent legal representation for the Auditor’s Office.”

Conn said he had already discussed the matter with the prosecuting attorney, “who has indicated a willingness to take the necessary steps to obtain outside independent counsel to protect the county’s financial interests.”

The prosecutor would typically represent county officials in court proceedings, but Conn said doing so in this case would create a conflict of interest because the office represents multiple county departments.

“This action will help ensure the auditor’s statutory responsibilities are fulfilled without impairment, while protecting the overall fiscal integrity of Jefferson County,” Conn wrote.

Late Thursday, Conn said he had been advised by the Ohio Auditor of State’s office that if an expense was not properly authorized, “the Board of Commissioners would have to seek a writ of mandamus.”

A writ of mandamus is a court order that, in this instance, would compel Conn to pay the invoice.

“If the court orders it, I would issue the payment ‘under protest,’ which means the county auditor can’t be held liable for the expenditure,” he said. “After that, the Auditor of State can review it during the next audit. My role is to only pay what is properly authorized, and until the proper steps are taken, I cannot issue payment.”

He said the circumstances would then be reviewed “as part of our normal audit process.”

“My decision to begin seeking independent legal counsel is to ensure that I have clear guidance on the auditor’s legal responsibilities and make sure we limit any potential liability to the office or the taxpayer,” he said.

The Ohio Department of Transportation needed the water line moved so it could address a hillside slip on state Route 213 just south of County Road 56. Because the line was in the state’s right-of-way, ODOT said it had to be relocated or water service to 2,000 customers could be jeopardized.

The state estimated the relocation would cost about $1 million, but the county water department, already operating in the red, did not have the funds.

Contractor Border Patrol proposed a $240,000 alternative — abandoning the line in the state right-of-way and tying water service for those customers into a line near the county’s pH adjustment tank. Crews also installed a vault near the booster station, including pressure-reducing valves, a flow control valve, a meter, a check valve and gate valves connecting the new infrastructure to the old system.

After the work was completed, the contractor expected payment. During a May 14 work session, however, Conn warned commissioners he could not authorize payment because Ohio Revised Code Section 5705.41 requires a governing body to formally appropriate funding and certify the money is available before entering into a contract or issuing a purchase order.

Conn said none of those requirements had been met, prompting him to seek guidance from the Ohio Auditor of State’s office on how to proceed.