VW prosecutor plans to retire … or not

DAVE MOSIER/independent editor

Van Wert County Prosecutor Charles F. Kennedy III has submitted a letter of resignation, for the purpose of retirement, to the County Board of Commissioners, but apparently has no intention of actually doing so.

In a letter dated May 30, Kennedy informed the commissioners that he intends to retire under the Public Employees Retirement System (PERS. However, Kennedy, who has served as county prosecutor for 23 years, then states he also plans to serve a new four-year term beginning January 7, 2013 (he is running unopposed in November).

“Note, however, that this letter does not affect my candidacy for re-election as Van Wert County Prosecuting Attorney at the November 2012 election,” Kennedy wrote in the letter.

Unlike public employees who are either hired or appointed to their positions and wish to retire and be rehired, elected officials who want to seek another term in office after retiring do not have to undergo a public hearing on the matter. The commissioners also do not have a say in whether Kennedy decides to seek another term after retiring.

As would be the case when an elected county official resigns, the political party of that person must select a successor. In Kennedy’s case, the Van Wert County Republican Central Committee must meet sometime between 5 and 45 days after Kennedy’s retirement goes into effect on June 30 to select his replacement.

The prosecutor states in his letter that he plans to ask that he be appointed to replace himself, and also notes that Central Committee Chair Martin Burchfield, who is an assistant county prosecutor and shares offices with Kennedy, has assured him that local Republicans will meet to choose a successor no later than the week of July 9.

Although the commissioners have no oversight over whether Kennedy retires and continues to serve in office, the prosecutor is requesting that the commissioners choose him as interim prosecutor for the time period between his effective retirement date and when the Republican Central Committee chooses his successor.

At least one commissioner would oppose such a move, and also feels the state needs to look at current laws that allow “double-dipping” by elected officials (receiving a retirement pension while also earning a salary for staying in office). Currently, doing so is legal and other county officials have also received a pension while continuing to work.

When contacted Thursday, Commissioner Thad Lichtensteiger reiterated his opposition to “double dipping” and the idea of the “retire-rehire” or “retire-re-elect” process.

“As I’ve said before, I feel if you’re going to retire do that, go fishing and play with the grandkids,” Lichtensteiger noted. “If you’re going to work, do that.”

Critics of the current system say it keeps younger people from getting jobs filled by “double-dippers,” while also creating an increasing drain on public retirement pension funds. While teachers who are rehired are usually brought back at a lower salary, allowing a school district to gain an experienced teacher at a lower salary, a county prosecutor’s salary is set by state law, meaning Kennedy would continue to earn his current salary.

However, even if the Republicans don’t choose Kennedy to replace himself or the commissioners select someone else as interim prosecutor, the current prosecutor would still take office in January when his new term begins.