Saturday, February 26, 2000
Meeting broke sunshine law
Prosecutor says Deerfield Twp. may face lawsuit
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
DEERFIELD TWP. — Trustees violated Ohio's open-meetings law by holding a private session with three Warren County deputies at a township restaurant in October, county prosecutors said Friday.
Assistant Prosecutor Mike Powell said Deerfield Township trustees breached the state's sunshine law in two respects by meeting illegally with Lt. Ron Reeves and deputies Tim Walker and Dion Willey on Oct. 11 at the Tumbleweed restaurant on Escort Drive. As a result, the board could face a lawsuit.
“First, the Open Meetings Act was violated (because) the township cannot conduct an executive session to discuss personnel matters for persons who are not employees of Deerfield Township,” Mr. Powell said.
Though assigned to the township, the deputies are employed by the sheriff, and the township contracts with Sheriff Tom Ariss for police services. In 1999, that contract cost the township $926,000.
“Second, there was a procedural violation ... in that the motion to go into executive session was only for the purposes of discussing "personnel,'” Mr. Powell said.
Ohio law requires that the motion to hold an executive session must specify for which of the approved purposes the closed-door meeting is being held. The law allows an executive session to discuss personnel issues involving appointments, employment, disciplinary action, dismissal, promotion or compensation, or to investigate charges or complaints against a public employee.
Mr. Powell said the prosecutor's office or a citizen could sue over the October meeting. If the court finds the township in violation, an injunction could be issued requiring the trustees to comply with the Open Meetings Act, and the board could face payment of civil penalties of up to $500 along with court costs and the plaintiff's attorney fees.
Since no official action was taken by trustees during the executive session, Mr. Powell said it is unlikely the prosecutor's office will pursue the matter in court.
“However, a subsequent violation of the Open Meetings Act would be great cause for concern,” Mr. Powell said.
Township resident and former trustee Joe Mettey said he was pleased by Mr. Powell's opinion, but disappointed by his reluctance to prosecute trustees. It was Mr. Mettey's complaint to the prosecutor's office that prompted an investigation into whether the executive session with the deputies was illegal.
He said Deerfield trustees broke the law and should be made to pay for it, not merely receive “the equivalent to a slap on the wrist.”
“This was a flagrant violation of the law by these guys,” Mr. Mettey said. “I don't believe that this is the first time these types of meetings have been held and I'm sure it proba bly won't be the last time either.”
Mr. Mettey said he believes the prosecutor's office had an obligation to residents to see the complaint through to the end. He added he may have to take matters into his own hands.
“I hate to waste taxpayers' money, but if suing these (trustees) is what it takes to make them clean up their act, then I guess I may have to do it myself,” Mr. Mettey said.
Township trustees said they agree with Mr. Powell's decision not to pursue the matter in court. They said in the future all matters relating to sheriff's deputies will be discussed in public meetings only.
“If a violation of the sunshine law occurred, it was unintentional,” said Trustees President William Morand. “Deerfield Township has an unblemished record of maintaining compliance with the open meetings law. Continuing that compliance is our goal.”
Meanwhile, Sheriff Ariss has yet to decide what disciplinary action to take against Lt. Reeves. Disciplinary action could range from counseling to termination, but Sheriff Ariss said Lt. Reeves will not be fired over the incident.
Following an internal investigation, Lt. Reeves, along with deputies Walker and Willey, were found to have breached law enforcement ethics; broken their oath of office; violated the sheriff's mission statement, code of conduct and his rules; and to have gone outside the chain of command.
Deputies Walker and Willey were ordered last week to undergo job counseling, and a letter was placed in their personnel files.
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