Public notice of commissioners' May 31 meeting in question

To the editor:

(The following letter has been submitted to Highland County Prosecutor Anneka Collins and Ohio Attorney General Mike DeWine.)

Ms. Collins,

In your opinion offered to the Highland County Board of Commissioners on Jan. 9, 2012 regarding the recess of commissioners' meetings from Wednesday into Thursday, you advised the commissioners: "In the future, I suggest that if you anticipate the meeting recessing and then reconvening at a later time (in the afternoon or the next day), make an announcement at the opening of the Wednesday meeting. Make another announcement at the recess (give the time and location of the recommencing of the meeting). Also, make a phone call to Rory at the Press and Gary at the Times."

I believe that the commissioners violated this guidance and possibly the Ohio Open Meetings Act as defined in Ohio Revised Code 121.22 on May 30, 2012.

On that morning, I was in attendance at the regular Wednesday morning meeting of the Highland County commissioners. No mention was made at the opening of the Wednesday morning meeting of any planned recesses or of reconvening on Thursday, May 31, 2012.

I have double-checked with Rory Ryan, who was also in attendance at the meeting and copied on this correspondence out of respect since he is cited herein; and he has no record in his notes of the meeting of any such notice being rendered at the opening of the May 30 session.

The meeting came to a lull while awaiting the opening of some public bids, at which time I specifically asked Commission President Shane Wilkin and Commissioner Tom Horst if there was anything further on the agenda beyond the public bid openings. Both commissioners were very specific in the reassurances to me that no further business was to be conducted beyond the opening of the public bids. At this point, I left the meeting room, believing that all pertinent business was to be concluded once the public bids were opened.

After reviewing the minutes of the May 30, 2012 meeting, I was quite dismayed to find that the commissioners had recessed at 10:34 a.m. on May 30, 2012 and reconvened at 10:11 a.m. on May 31, 2012.

During this reconvened session, the minutes note that four projects were reviewed and approved by the commissioners related to the CDBG Block Grants: a property transaction was approved, and a contract between Highland County Job and Family Services and Southern State Community College was approved.

In researching this situation, I have received the follow information from Rory Ryan regarding the notice that he received of the extra session to be held May 31, 2012:

"For the record, and to the best of my recollection, I will offer this comment regarding the Thursday, May 31, 2012 Highland County Board of Commissioners' meeting which began at 10:11 a.m. At some point on Wednesday, May 30, 2012, I received verbal communication from Commission President Shane Wilkin that the commissioners would be in session on May 31 to discuss Community Development Block Grant funds. Whether this was a 24-hour notice or whether such a notice is necessary, I am not certain."

The Highland County commissioners are in direct violation of your legal counsel for conducting these extra recess sessions, as well as being in violation of the previously referenced Public Meetings Act, as I believe that extra meetings being held up to 24 hours after the start of the regular meeting should be defined as a "special meeting" as discussed in ORC 121.22 Paragraph F.

Furthermore, the commissioners have engaged in deceptive practices of conducting "public" meetings to ensure that public oversight of their business cannot be adequately and reasonably applied.

I realize that the standard practice for enforcement of the "Sunshine Laws" is done by private citizens taking legal actions, including incurring the costs of hiring legal counsel.

I also realize that as the Highland County prosecutor you are the legal counsel of the Highland County commissioners.

However, I also believe that your primary responsibility is to the people of Highland County to ensure that all violations of state and local laws are properly prosecuted. The deceptive practices of the commissioners seem to be recurring and have been well documented in the local media in the past, and I believe that as an elected official hired by the people of Highland County to ensure that the laws of Ohio are enforced, that you are bound to take legal actions against the commissioners.

Sincerely,
David Wyckoff
Hillsboro

(Editor's note: For the record, Highland County Commissioners Shane Wilkin, Tom Horst and Jeremy Shaffer were contacted more than 24 hours prior to this publication for their respective comments, either separately or collectively. Commissioner Horst said he would "defer to the prosecutor." Commissioner Shaffer said he would defer to Commission President Wilkin and the prosecutor. Commissioner Wilkin did not respond.)