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Lawyer hired to advise feuding trustees
(by Joseph Koziol Jr. - November 26, 2008)
Lawyer hired to advise feuding trustees
By JOSEPH KOZIOL JR.
Claridon Township Trustees voted 2-1 last week to hire an attorney at $200 an hour to sit at their meetings and advise them on the legality of their actions.
"As sad as this is, I'll make the motion," Trustee Edward Ward said before the board voted to hire attorney Todd Raskin to attend the meetings, beginning Nov. 24.
Mr. Ward and Trustee David Brockway agreed to the hiring, while Trustee Mary Briggs dissented.
Ms. Briggs said the hiring was unnecessary, because they could use the Geauga County Prosecutor's Office in the same role at no additional cost to the township. She said objected, because Mr. Raskin is an attorney selected by the township's insurance company to represent Mr. Ward and Mr. Brockway in her lawsuit against them. The lawsuit, filed in Geauga County Common Pleas Court, contends that the board conducted illegal meetings over the past two years.
But Mr. Ward said Ms. Briggs forced their hand in hiring the attorney. He said her constant questioning of trustees' actions and her lawsuit forced officials to "resort" to the hiring. "It's an ongoing problem, and it gets worse by the day." He said the board is "spinning its wheels" in attempting to do the township's business, because she questions every action.
Mr. Ward and Mr. Brockway agreed to check with the county prosecutor's office to determine whether that representation was available. If so, they agreed that they would void the contract with Mr. Raskin.
Mr. Brockway said an attorney's presence is necessary to help business "move along a little faster" by advising trustees what is the legally proper. "It seems we're doing everything wrong and I don't know how to correct it, and you won't help us," he told Ms. Briggs.
He said he had checked with the county prosecutor and learned that the hiring is legally permissible.
Mr. Brockway said he previously checked with former Assistant Geauga County Prosecutor Christopher Sheridan about having the prosecutor's office at the meetings but was told it would be a conflict of interest.
Ms. Briggs cited a section of the Ohio Revised Code, which states that the county prosecutor shall serve as the township's legal representative. "I'm just trying to save the township money," she said.
Mr. Ward replied, "You certainly do not, Mary."
He said that, without the hiring of an attorney, the board would not hold any meetings.
Ms. Briggs said she doesn't understand why the board needs an attorney, with Mr. Brockway having approximately 30 years in public office. "It's just so you can learn after 30-plus years how to conduct a meeting," she said.
Mr. Brockway said the action was due to Ms. Briggs' filing of "frivilous complaints." He said the court has been asked to dismiss her lawsuit.
He also questioned why Ms. Briggs did not call the prosecutor's office for advice on the matter, knowing the issue was coming up for discussion.
Ms. Briggs said the fiscal officer, Lisa Millet, could have called.
Mrs. Millet responded, "Well, I didn't Mary. I don't read the ORC and try to nitpick."
Mrs. Millet said she's concerned with the expense of hiring an attorney.
Mr. Brockway said the hiring was necessary to have someone versed in township law to advise the board. He said the attorney would be able to put to rest the questions raised by Ms. Briggs.
"I think sometimes she's right, and sometimes she's wrong," Mr. Brockway said of Ms. Briggs' positions. "I don't know, but that's why we'll have an attorney here."
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