Former Butler County Commissioner Jim Eckstein vows to sue the county if there is no response to a letter seeking reimbursement for legal costs incurred by a defamation case.

“Absolutely,” Eckstein said about the prospect of suing if the county rejects or ignores the request.

His attorney, Larry Rodgers, sent the letter, which was dated Oct. 31.

Eckstein stressed state law mandates he should be reimbursed.

“To me, it’s clear,” he said.

Eckstein still is waiting for a final tally of his legal bills that began after the lawsuits were filed by former Commissioner Dale Pinkerton and two other plaintiffs — county personnel director Lori Altman and her husband, state Trooper Scott Altman — in 2012.

Both lawsuits were consolidated into one case, which led to an April trial after four years of legal wrangling.

A mistrial resulted after apparent confusion regarding a verdict.

Eckstein avoided a retrial in September after accepting offers to pay each set of plaintiffs $3,000.

He stressed the agreements were made to avoid further legal fees, not as an admission of guilt.

Rodgers agreed.

“Jim was not liable,” Rodgers said.

Eckstein was accused of spreading a rumor that Pinkerton gave Lori Altman an extra 20 percent pay hike in exchange for a drunken driving stop going away.

Investigations conducted by the state Attorney General’s office and state police found no evidence of wrongdoing.

Eckstein said he is innocent of the accusations.

“I didn’t say it was true,” he said.

Eckstein claimed he only discussed the topic in the context of there being an attorney general’s office investigation.

He insisted the lawsuits were part of a witch hunt launched against him as commissioner.

Rodgers explained Eckstein is due the reimbursement for the same reason he was not liable for defamation.

“The only way not to be indemnified is having actual malice,” Rodgers said.

Actual malice is defined as knowing a rumor is false while spreading it.

County solicitor Mike English declined to say how the county would respond to Rodgers’ letter, if at all.

“I have no comment,” English said.

In the letter, Rodgers requests a meeting to resolve the matter.

According to the letter, “It is our position that Mr. Eckstein is entitled to indemnification according to the law and must be reimbursed for his reasonable legal defense fees and costs. We would like to meet with you to discuss a resolution to the matter and avoid litigation.”

Eckstein previously sought indemnification in May 2012, but the commissioners did not act.

According to a copy of the May 16, 2012, meeting minutes attached to Rodger’s letter, Eckstein’s request for legal assistance and indemnification was discussed.

The board was informed the county insurance carrier denied coverage of Eckstein’s request.

Former Commissioner Bill McCarrier, who was board chairman then, stated there would be no vote since Eckstein and Pinkerton had conflicts of interest.

McCarrier said it would be a matter for the courts to decide.

During that meeting, Eckstein insisted he was carrying out his duties as a commissioner, not committing defamation, by broaching the rumor with others.

Pinkerton countered Eckstein by stating that was a personal lawsuit, so it would be a shame if the taxpayers were forced to pay for Eckstein’s defense.

Rodgers also attached to his letter citations from state law regarding defense of official immunity, legal assistance and indemnity.

According to the indemnity provision, “It is judicially determined that an act of the employee caused the injury and such act was, or that the employee in good faith reasonably believed that such act was, within the scope of his office or duties, the local agency shall indemnify the employee for the payment of any judgment on the suit.”