ELLSWORTH – The commissioners of Hancock County have rejected a request from the sheriff to foot the bill for his legal expenses in taking them to court.

Hancock County Sheriff William Clark and Hancock County Jail Administrator Linda Hannan have filed in Superior Court an appeal of governmental action against the commissioners for their decision last December to cut the assistant jail administrator position.

In the appeal, Clark and Hannan assert that the elimination of the position is outside the commissioners’ authority and makes it impossible for jail officials to meet state standards for the facility’s operation.

Hancock County Clerk Ray Bickford said Monday that the sheriff’s costs in retaining the legal services of Bangor attorney Julie Farr total about $3,000.

On Feb. 12, the sheriff sent the commissioners a letter asking him to pay his legal expenses in the matter.

“Although I acknowledge the oddity of this situation, this bill is a legitimate expense of my office as I struggle to meet my statutory obligations in operating the county jail,” Clark wrote.

Bickford, in writing a memo back to the sheriff on behalf of the commissioners, countered Clark’s argument that the county is obliged to pay all the expenses he incurs in his public duties.

Bickford said the legal expenses stem from a “personal decision” by the sheriff, not an official duty. He pointed out that the appeal filed in court asks that the court require the county to pay all the costs stemming from the matter.

“Until a ruling in this case has been handed down from Superior Court, the Commissioners have determined it would not be prudent of them to pay for your personal legal fees at this time,” Bickford wrote.

“I’m confident sooner or later they will pay it,” Clark said Monday. He also cited the provision in the appeal that the county be required to pay all the court costs.

“If they let this issue languish for several months, it will end up costing more than the position,” Clark said. The assistant jail administrator position, with salary and benefits, cost the county roughly $50,000 in 2001, he said.

Earlier this month, Farr filed in Superior Court a motion requesting a trial. Listed in the motion are the specific duties of the eliminated assistant jail administrator position that, according to Clark, cannot be performed by Hannan on her own.

The appeal contends that the assistant jail administrator had to conduct annual training of all corrections officers and train new corrections officers, neither of which Hannan is certified to do. Handling inmate grievances, reviewing each shift log for completeness and accuracy, and arranging housing for inmates from other counties are among the other duties formerly done by the assistant jail administrator, according to the appeal.

Clark said the assistant jail administrator position, if it still existed, could be generating revenue for the jail by making arrangements for Hancock County to board inmates from other counties.

“It’s the right thing to do,” Clark said about restoring the position.

Bickford said Monday that the commissioners, through their Portland attorney Linda McGill, hope to have a formal reply to the sheriff’s argument filed in Superior Court sometime next week.