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Vote by phone fails to follow state law
(by Joseph Koziol Jr. - September 28, 2011)
Vote by phone fails to follow state law
By JOSEPH KOZIOL JR.
Burton Village Council phoned it in Monday, and that may have been a disconnect with the Ohio Open Meetings Law.
With only four council members present, the legislative body lacked the five-member super-majority needed to waive readings on legislation and move it along for passage on an emergency basis.
Council then placed a phone call to absent Councilman Jeff Coleman, set up a speaker phone on the table and continued with a vote to waive readings and pass legislation. The legislation authorized the mayor to enter into an agreement with the Berkshire School District to allow a part-time police officer to work there 20 hours a week.
Resident Jack Garner raised an objection to the long-distance vote, but village Solicitor Todd Hicks said such a vote is permitted.
In that case, Mr. Garner asked, why council doesn't conduct all its business by phone, or even a computer?
Although Mr. Hicks gave the action his stamp of approval, Ohio law states that a member of a public body must be physically present to vote.
"That law is still active," Dan Tierney, of the Ohio Attorney General's Office, said Tuesday.
He said his office is not permitted to comment on specific actions by public bodies, but it can confirm the laws that govern public bodies. He said teleconferencing is not permitted under Ohio law.
Burton Police Chief Rick Smigelski had asked for quick passage of the legislation to allow for the new position to be put in place.
He said the Berkshire School District had received a state grant to cover the cost of the part-time officer, also known as a resource officer, who would be working within Berkshire High School the next two years.
He said the village would be reimbursed for the costs for the officer, including the salary, pension and insurance. He said the officer would work with school officials, parents and students on issues such as bullying and drug intervention. "There are problems at the school," Mr. Smigelski said.
He said he consulted with the Streetsboro and Aurora police departments, which have similar programs.
The officer chosen to serve as resource officer would not work the roads in the village, he said.
Village Fiscal Officer Christopher Paquette said the agreement covers 57 weeks. He said a close watch should be done on hours worked to ensure the position meets the 20-hours-per-week requirement.
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