The Butler County commissioners Wednesday filed a lawsuit in county court against Controller Jack McMillin to force him to release a $1.23 million appropriation to Butler County Community College.

The civil complaint states McMillin has no legal basis to withhold payment to the college: "there is no fraud, flagrant abuse, or any criminal neglect or abuse."

The commissioners and the college, which also is listed as a plaintiff, ask the court to issue a peremptory judgment against McMillin compelling immediate payment of the money.

County Commissioner Dale Pinkerton, board chairman, said Wednesday the issue should have been resolved by now.

"It really is disappointing," he said. "It did not have to come to this."

McMillin insists he is following proper procedure by not releasing the money, which is the first payment of a total annual $4.9 million county appropriation.

The complaint also requests a court order to ensure the remaining quarterly payments are released to the college in June, September and December.

College officials previously stated they have insufficient funds to meet payroll at the end of May without the $1.23 million.

McMillin maintains the college has not provided adequate documentation that satellite campuses in Lawrence and Mercer counties will not be subsidized by Butler County taxpayers and students.

"My position remains the same," he said. "The college simply needs to provide the information I requested. I'm following the procedure the statute requires of me."

McMillin seeks an auditable cost plan prepared by a qualified independent party with the listing of all direct and indirect costs associated with the operation of the satellite campuses.

McMillin said he was "extremely disappointed" with the commissioners, especially Pinkerton, by not siding with him on this issue.

"With a simple stroke of a pen, he (Pinkerton) could enforce, or insist, the information be provided," McMillin said.

Pinkerton said McMillin could have expressed his concerns without delaying payment to the college, which is a boon to the county.

"We have a community college here that is a jewel," Pinkerton said.