Published: Saturday, April 14, 2007
Did officials' meeting violate Sunshine Law?
Courts have rejected the argument that cuts affecting personnel may be discussed in closed session.
By DENISE DICK
BOARDMAN — It appears two township trustees and their administrator may be a shade out of touch with the state's Sunshine Law.
After an hourlong, closed-door session at the end of a meeting this week, trustees Robyn Gallitto and Elaine Mancini passed two motions seemingly unrelated to the stated reasons for the closed-door conference.
When they adjourned into executive session, they cited personnel (employment, appointment, discipline, promotion, demotion, termination or compensation of a public employee or official.)
Trustee Kathy Miller was out of town and didn't attend Thursday's meeting.
Under Ohio's Open Meetings Law, also called the Sunshine Law, such personnel topics are allowed to be discussed behind closed doors.
Motions
When they emerged, Gallitto, who is an attorney, and Mancini, who's in her fourth term, passed two motions. One rescinded and canceled the request for qualifications regarding architectural proposals for a new fire station/urban design center. Gallitto on Thursday cited the township's financial situation as the reason for the decision.
The other was to make Township Administrator Jason Loree the spokesperson on behalf of the majority of the board "when discussing and conveying, and generally representing the township's and the board's positions, policies and other general information."
Loree said Friday that the motion regarding the fire station fell under personnel because if the township proceeded with plans to build a new station, they would have to lay people off to pay for it.
"He's dead wrong," said Atty. David Marburger of Cleveland, legal counsel for the Ohio Coalition for Open Government who also represents The Vindicator. "The courts have already rejected that same argument."
Courts determined that a meeting of the school board in Chillicothe, Ohio, to discuss anticipated budget cuts that would affect the number of people employed by the school district should have been open.
Response
Loree's explanation for how the second motion fits within open meetings provisions is that it emanated from a discussion regarding "discipline of a public official."
Mancini said she was assured by her colleagues that the matter fell within the Sunshine Law provisions because it dealt with a public official. She referred further questions to Loree.
Gallitto couldn't be reached to comment Friday.
Loree wouldn't say who the official is or what the official is accused of that subjected him or her to discipline. The township manager said he'd need to consult the board to determine how it wanted to answer the question.
"It sounds bogus to me," Marburger said.
Ohio Revised Code says that except as otherwise provided by law, "no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of his official duties ..."
Before adjourning to executive session, Gallitto pointed to a letter that Miller had written to The Vindicator about Youngstown's plans to use its water system as a tool to pursue Joint Economic Development Districts with surrounding communities.
Gallitto said that Miller didn't speak for the board.
Mancini on Friday morning also said Miller's letter didn't speak for her.
Mancini said that the intent of making Loree the spokesman is to ensure the board is speaking with one unified voice regarding policy and direction.
"There's so many things going on in the township, and we don't want to have rumor and innuendo," Mancini said.
She said the policy pertains to trustees and department heads.
Loree, on the other hand, said that department heads can speak on their department's behalf, but when it comes to how a policy affects the township as a whole or other departments, they should refer requests for information to him.
Miller, contacted Friday by phone, said she disagrees with the decision to rescind the RFQs for a fire station.
Viewing the qualifications of the architectural firms won't cost any money, she said. If the township hadn't over the last several years spent its inheritance money on recurring expenses, there would be money to pay for it, Miller pointed out.
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