BY WALT SCHAEFER
The Cincinnati Enquirer
COLUMBIA TOWNSHIP -- Trustee Carl Fernandez on Friday admitted under oath that it was his signature on a township work order that authorized employees to do repairs at a private Bramble Avenue residence.
The admission came during testimony before Hamilton County Common Pleas Court Judge Ralph Winkler, who is weighing a citizens petition to oust Mr. Fernandez and Trustee President Susan Hughes from office.
After Mr. Fernandez testified: "I did not authorize any work," Attorney Timothy A. Garry Jr., representing the petitioners, produced a copy of a work order dated in February, signed by Mr. Fernandez, which authorized workers to "relocate downspout and replace driveway apron" at the residence.
None of the work was completed and Mr. Fernandez testified he did not recall signing the order.
After signing the work order, Mr. Fernandez said he asked the issue be placed on the township trustees' March 9 meeting agenda, "because I wanted to take some action . . . I'm naive. I'm not a politician; and I'm new at this game," he said.
In documents attached to the petitions, Mr. Garry charges, among other things, that Mr. Fernandez and Mrs. Hughes authorized township employees to work on private property using township equipment and materials; improperly hired a new employee without following trustee regulations; and violated township policies and procedures in firing former Administrator Jane Pirman without written notice.
He also charges Mr. Fernandez's "outrageous conduct" toward citizens at township meetings is a cause for forfeiture of office. Before beginning the proceeding, Judge Winkler said the allegations regarding use of township property and resources on private property is of greater concern to the court than the rude behavior of public officials.
Charges that trustees did not follow guidelines outlined in the township's Policies and Procedures Manual relating to hiring and termination practices fall "somewhere in the middle," the judge said.
In his opening statements, attorney John Murdock, representing both trustees, said the efforts to rectify problems involving private property predate the terms of Mr. Fernandez and Mrs. Hughes, and that they were only attempting to do what they considered to be fair. Both political neophytes assumed office Jan. 1.
Mr. Murdock said his clients are honest people, dedicated to the betterment of the township. "They are good people. The worst thing that could happen is to kick them out of office. They need to be in office (because) . . . this township needs some fixing," he said.
The "forfeiture of office" action is thought to be the first of its kind in Ohio in at least two decades. Mr. Fernandez's testimony will resume at 9:30 a.m. Friday. Mrs. Hughes has yet to take the stand.