Friday, September 01, 2000
Trustees want lawsuit dismissed
Deerfield clerk clashes with board over duties
By Kevin Aldridge
The Cincinnati Enquirer
DEERFIELD TWP. — Township trustees have asked a judge to dismiss a lawsuit that claims the board interfered with the township clerk's duty to maintain public records.
Kristin Spiekerman
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Attorneys representing the trustees made the request to Judge Neal Bronson of Warren County Common Pleas Court. Trustees say the lawsuit, filed by Township Clerk Kristin Spiekerman, lacks merit and fails to state a legal claim upon which relief can be granted.
“The plaintiff (Mrs. Spiekerman) has sought the intervention of the court into a purely political dispute between public officeholders,” William J. Seitz III, an attorney for the township, said in a 20-page response. “The judicial system is not the appropriate venue in which (she) should seek to change discretionary decisions by the board.”
Trustees and Mrs. Spiekerman have been at odds since November, when she defeated former Township Clerk Ben Dotson, husband of Township Administrator Hazel Dotson. The two sides have clashed over such things as office furniture and the location of Mrs. Spiekerman's office in what she calls “the township's garage.”
Mrs. Spiekerman sued last month after trustees refused to approve three months' worth of meeting minutes and stripped her of her duties as recording secretary.
In her lawsuit, she accuses trustees of demanding that she prepare minutes that are politically slanted, delete relevant comments and rewrite motions to exclude embarrassing statements made by them during meetings. Mrs. Spiekerman also claims that trustees have not given her adequate help or office space to do her job and have excluded her from ceremonies and other events.
Trustees have disputed Mrs. Spiekerman's allegations. However, Mr. Seitz says even if all of her accusations were true, Mrs. Spiekerman still failed to make a legal claim.
“Clerk Spiekerman wants this court to substitute ... (her) opinions in place of the discretionary decisions made by trustees,” Mr. Seitz said. “(Her) complaint is without any basis in law and should be dismissed.”
Attorney Pat Long, who is representing Mrs. Spiekerman said he intends to file a response to the trustees' motion before Sept. 13.
“We feel the motion to dismiss will be overruled,” Mr. Long said Thursday. “I think we've raised a number of good issues and there are some substantial legal questions that the court will have to answer, such as who is obligated to prepare and maintain the minutes and what is required to be in them.”
But Trustee Larry Backus said Mrs. Spiekerman's lawsuit is “totally ludicrous.” He criticized her for suing trustees because they wouldn't invite her to ceremonies and other public events.
“I don't know what events she is referring to, but is it really the court's job to decide who should invite whom to which parties and ribbon-cuttings?” Mr. Backus said.
The board also disputed Mrs. Spiekerman's claim that trustees could not appoint someone other than the clerk to take minutes at township meetings.
“We have been advised that Ohio Revised Code is very clear in stating that the board of trustees, not the clerk, is responsible for the preparation of meeting minutes,” Mr. Backus said.
“(We) have the authority to amend and approve meeting minutes and do not have to accept minutes as prepared by the clerk.”
As for her claim that trustees aren't providing adequate help, Trustees President Bill Morand said “trustees and the taxpayers have been very generous with Kristin in sending her to training schools, hiring the state auditor's office to assist her and making clerical work available to her.”
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