A dispute over the allocation of office space in the Carbon County Courthouse led to a legal action Friday morning by Carbon County Sheriff Daniel G. Zeigler against the three-member board of commissioners.

The complaint, filed by Zeigler’s attorney Gerald F. Strubinger Jr., alleges that despite repeated requests for additional space, Commissioners Wayne Nothstein, Chris Lukasevich and Rocky Ahner “failed to provide adequate accommodations for the sheriff’s office.”

“No solid plan has been developed to address the space needs of the sheriff’s office to this day and the office is not included in a renovation plan; however multiple other row officers have been met with,” Zeigler said. “The time has come for the unfair treatment of the office to end and for us to be provided with sufficient space for us to conduct our business.”

Carbon County Solicitor Robert Frycklund said Friday, “The commissioners have no comment at this time” regarding the lawsuit.

The legal action seeks a writ of mandamus to compel the commissioners to fulfill what Strubinger termed “their statutory obligation under Section 405(b) of the Pennsylvania County Code,” which states that commissioners must furnish each officer with sufficient space to perform their duties.

According to the complaint, Zeigler and his predecessors have requested additional space on numerous occasions, citing the necessity of more room to carry out the responsibilities of the Sheriff’s office.

In an interview after the complaint was filed, Zeigler emphasized the increasing workload of the office including serving protection orders and processing firearm licenses.

“Our needs continue to grow, and so does our space needs,” he said. “I have people that don’t even have desks; they’ve got to eat lunch in the same room where inmates are in the cells. Just not appropriate at all.”

The complaint highlights that “seven other row offices and courthouse personnel have relocated to new or renovated space since 2021,” while the sheriff’s office remains in what Zeigler feels are unsuitable accommodations.

“Zero is how many times the commissioners have met with me since I’m here in 2020,” he said. “There has not been one meeting with the sheriff’s office to talk about the space needs, develop a plan at all, even up through this renovation project.”

The heart of the matter revolves around rooms 108 and 109 in the courthouse, former offices of the Carbon County Public Defender, which the sheriff’s office had temporarily occupied with the approval of Ahner. However, the complaint alleges Nothstein has allegedly threatened “the forceful removal of the clerical staff from these rooms,” prompting Zeigler to seek legal intervention.

During a Nov. 15 meeting, Zeigler said, he presented a plan to address the office space issue until other renovations could be completed. The proposed plan involved maintaining the office in its current approved space until August 2024. During this time, he said, renovations to basement space were suggested to accommodate the relocation of resources and equipment.

Zeigler expressed his willingness to temporarily vacate the public defender’s space, Rooms 108 and 109 so they could be used as flex space during the courthouse renovation project.

“We sought a reasonable guarantee in writing that our office could reoccupy this space once renovations were complete,” he added.

A letter from county Solicitor Robert B. Frycklund, however, directed the sheriff’s office to vacate rooms 108 and 109 by 4:30 p.m. on Friday.

In the letter, Frycklund said the move was necessary to “preserve the flex space for the temporary relocation of other court offices for at least the duration of the first phase of the ongoing courthouse renovation project. When the first phase is completed, which is estimated to be February 2024, if not sooner, the board of commissioners will determine if it is appropriate for the sheriff’s office to once again occupy that space.”

The letter also proposed relocating the clerical staff to a conference room in the Carbon Administration Building or an alternate space.

“The proposed relocation is insufficient for the sheriff’s office to perform its duties and could jeopardize the safety of clerical/administrative staff, courthouse personnel, and Carbon County citizens,” Zeigler said in court filings.

Zeigler alleges in the complaint that “the relocation serves no legitimate purpose” and is asking the court to compel the commissioners to provide “necessary office space.”

All three Carbon County judges recused themselves from hearing the case, Zeigler said. The matter will now be forwarded to the Administrative Office of Pennsylvania Courts for review by the Supreme Court to determine the validity and appropriateness of the recusal. Once the process is completed, a senior judge from outside the county will likely be assigned to hear the matter.