(The Center Square) – The Ohio state auditor’s office has expressed concern that Cuyahoga County officials did not get proper approval for money spent to build a new county jail and warned county officials could be personally liable for any public funds spent illegally.
In a letter to the county, the auditor’s office said it received a letter April 26 from Cuyahoga County Prosecutor Michael O’Malley that said a state law requires funds for a new jail require approval from the clerk of the court of common pleas, the sheriff, the probate judge and the designee of the court of Common Pleas if the cost is more than $75,000.
The auditor’s office asked if the county agreed with the prosecutor’s reading of the law and whether the proper approvals were obtained.
The Auditor’s Special Investigations Unit is reviewing the case, the letter said.
“If the review by the Special Investigations Unit discloses that Cuyahoga County officials violated ORC 153.36 and caused public money to be expended illegally and in violation of Ohio law, it is possible that this office may issue, in an audit report, findings for recovery against responsible officials,” the auditor’s office said.
A finding for recovery could require county officials to personally repay the “illegal expenditure,” the auditor office letter said.
“The Auditor of State’s office strongly encourages county officials to ensure that there is full compliance with all laws applicable to the project,” the letter said. “Please provide the County’s official response to our office no later than 45 days after the date of this letter.”
The county is preparing a response to the auditor’s letter, spokeswoman Kelly Woodard told The Center Square.
The county held a special meeting Monday of justice officials listed in the state law and approved the jail funding as required by the state law, Woodard said.
“In collaboration with all parties, we recently convened the special meeting, outlined in ORC 153.36, in accordance with Prosecutor O’Malley’s letter dated March 26,” she said.
Only three of the four justice officials voted to approve the project.
Sheriff Harold Pretel abstained, citing concern for “unresolved” legal issues raised by the county prosecutor.
The specific state law dates back to 1953, and was amended in 2025 to include the provision exempting projects that cost less than $75,000.
“I think what we see here today is a victory for transparency and for the public,” O’Malley said at Monday’s meeting.
The new jail will likely cost more than $800 million, the most expensive construction project in the county’s history, according to county officials.
