The Hamilton County Prosecutor's office Friday decided that records of a $200,000 contract between the Paul Brown Stadium construction contractor and RMG Consulting are not public documents.

But the former assistant county prosecutor who negotiated the contract with Turner/Barton Mallow/D.A.G. - which in turn entered the $200,000 arrangement with RMG Consulting - said there is no doubt in his mind the county can have full access to all RMG's stadium-work-related documents, if county officials only ask.

Former county Chief Counsel Jim Harper, who negotiated the contract, said the county has not only the right, but the obligation to ensure that money by subcontractors is properly spent.

Questions have been raised about what services RMG, operated by the politically-connected Lovie Ross, performed for the $200,000. When WCPO-TV asked Ms. Ross, who reportedly was hired at least in part to facilitate minority hiring at the stadium, what she did for the money, she refused to explain, calling it a private matter.

County Administrator David Krings said Friday he would have to consult with commissioners to determine whether they'll look into the matter. Commissioner Bob Bedinghaus, the commission's point man on stadium projects, did not return phone calls Friday.

Commissioner John Dowlin, who called questions about the $200,000 expenditure "a tempest in a teapot," said he doesn't particularly care to know why RMG was paid $200,000.

"We bought a stadium for a guaranteed maximum price," Dowlin said. "And we're not going to pay any more than that guaranteed maximum price."

On the other hand, while Dowlin said he did not plan to pursue the matter, he said that "of course it's a concern to me whether the money was misspent. The question was, what did we buy?"

That's the question at the heart of public records requests filed with the county by WCPO-TV and The Post.

But the prosecutor's office Friday said in a written opinion: "There is no obligation in the agreement between the board of County Commissioners and (Turner/Barton Mallow/D.A.G.) to provide copies pursuant to a public records request of any and all documents that might come under the control of the joint venture during the course of its performing a construction project."

Prosecutor Mike Allen also wrote that Turner/Barton Mallow/D.A.G. is a private company "that is not carrying out a governmental function pursuant to its agreement with the board of county commissioners (and) the board of county commissioners has no duty to produce nor demand public production of any and all records from the private entity in response to a public records request."

Harper said that if the county, as the project's "owner," has any questions about any aspect of the stadium project, "the owner has that authority" to investigate. "I can tell you it's there.... That's hands down."

As for Ms. Ross' argument that her contract with Turner is private, Harper said: "That is not correct. There is not a chance that is correct."

But will the county decide to compel Ms. Ross to provide information?

"I think that's a political problem the commissioners have," Harper said. Harper, who negotiated the contract for former county prosecutor Joe Deters, now works for Deters at the state treasurer's office.

Stadium-project spokeswoman Brooke Hill, herself a stadium sub-subcontractor working for the Columbus public relations and lobbying firm HMS Partners, which in turn subcontracts with Getz Ventures, said it was unclear whether the county had the authority to obtain documents from Ms. Ross.

"I think there are varying opinions," she said. "We're going to talk about it Tuesday."

County Auditor Dusty Rhodes has criticized county administrators for failing to include specific language detailing audits in its pact with Turner/Barton Mallow/D.A.G. County officials are discussing appointing an auditor to look into the matter.

Copyright 1999 The Cincinnati Post