Unopened jail prompts lawsuits

YAKIMA – A dozen King County cities have filed a damage claim against Yakima County, claiming its failure to open a new jail violates their bed-rental agreement and entitles them to damages.

The claim is the latest in a string of problems with the county’s new 288-bed jail, which now may not even be operable without significant repairs.

Thirty-five cities entered into a seven-year agreement to rent jail beds in Yakima County in 2002. The county built a new jail to house the inmates, with the revenue to pay for operations and retire the construction debt.

However, increased construction costs, delays and declining demand for the beds forced county commissioners to shelve part of the project. The county did not set aside enough money to pay startup costs for the new jail and has declined to open it.

Late last month, the cities filed a damage claim seeking refunds for overpayment of rental fees and costs associated with having to find alternate jail space for their inmates.

The cities also contend the refusal to open the new jail has left more of their inmates in the downtown Yakima jail, where they are subject to overcrowding and threats to their safety.

One of the King County cities, Renton, cited failure to open the new jail as the basis for terminating its individual contract Aug. 22.

The cities needed a place to house misdemeanor inmates because King County said it would no longer accept such offenders after 2012.

An official with an umbrella group appointed by the cities to administer the agreement said more cities may file similar claims soon. Any formal action on the agreements, though, must be taken by each city, said Diane Carlson, head of intergovernmental relations for Bellevue and chairwoman of the Jail Administrative Group.

Yakima County has 60 days to respond. Denial of the claim or failure to respond clears the way for the cities to sue in Superior Court.

Yakima County sold $33 million in bonds to build the jail.

County Commissioner Mike Leita said operating revenue is no longer a problem. The county should have $2.5 million available in 2007 and is seeking customers to rent space there.

Yakima County officials also said the King County cities haven’t sent enough inmates who qualify for the medium-security facility.

But according to the claim, the projected total rental payments this year of $8.76 million are more than enough to operate the new jail and other county jail buildings.

Meanwhile, Yakima County officials want to meet with the Richland firm that built the new jail to resolve problems one official said make the facility unusable in its current condition.

The problems, uncovered during a six-month shakedown of the building that ended earlier this year, primarily deal with the heating and ventilation system.