Board of DD will not renew Biggert's contract; board member's eligibility called into question WATCH THE VIDEO
Lead Summary
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The Highland County Board of Developmental Disabilities has unanimously voted to not renew the contract of board of DD Superintendent Chuck Biggert.
The board met for their regular meeting at 6 p.m. Tuesday at Hills and Dales Training Center. At the end of the meeting, the board moved to go into executive session to discuss the contract of a public employee.
The vote came just hours after Biggert told board member Sam Snyder that after serving for nearly six months, he is not eligible to be on the board.
The board voted to go into executive session at 6:45 p.m., and they remained in session until almost 9:30 p.m. In addition to board president Linda Allen and board members Karen Adams, Gary Buchanan, Megan Filson, John Fittro and Deborah Tissot, several people were asked to stay, including Snyder, attorney Susan Oppenheimer and Adam Herman of the Ohio Association of County Boards. Biggert was not asked initially to stay for executive session, but throughout the course of the meeting he was twice asked into the session and then asked to leave.
When the board voted to enter back into regular session, Allen asked if there was a motion regarding the superintendent's contract.
Tissot moved that Biggert not be re-employed at the expiration of his contract and that he be made aware of this in writing by Sept. 30, 2011. The motion was passed unanimously.
Following the meeting, Allen said that Biggert's contract would be up Dec. 30, 2011.
She declined further questions, but released a statement on behalf of the board. Allen said, "The board has decided to move in a different direction. We look forward to beginning our search for a new superintendent in the very near future. We appreciate Chuck's service to the board and his hard work at Hills and Dales."
Herman, of the OACB, advised Allen to not read the statement on camera, as requested by The Highland County Press.
When asked what had led the board to take this action, Allen reiterated, "We are moving in a different direction."
Biggert, who was in the room when the board voted, told The Highland County Press that he did not have a comment, but, "We will just keep doing what we're here to do."
Prior to executive session, Snyder asked Allen if he could speak to the board.
"Today at 4:30 p.m., Chuck (Biggert) called and told me I was not eligible for the board," Snyder said. "He informed me that a board member must provide a written declaration of eligibility (per the Ohio Revised Code)."
Snyder was appointed in January by the Highland County Board of Commissioners and prior to his first board meeting, Snyder said he had had no notification of this paperwork.
"I was not aware of this in January," Snyder said. "I came in, turned it in to Sherry (Morrison), who put it in the file, I guess. I don't know why this hasn't been brought up before now."
"I think there needs to be a formal policy for any new board members on this," Snyder said.
Allen then asked newly appointed board member Karen Adams, who was sworn in on June 28 by Judge Kevin Greer: "Did you sign this document?"
"Yes," Adams replied. "Judge Greer provided it.
Allen then said, "I didn't fill it out when I was appointed."
Highland County Commissioners Shane Wilkin and Tom Horst also were in attendance at the meeting. Highland County Sheriff Ron Ward was also in attendance, as were several board and Hills and Dales employees.
Horst informed the board that Highland County Prosecutor Anneka Collins told the commissioners the "proper thing would be to re-appoint Sam to the board."
Biggert then said, "I didn't receive anything from the commissioners (prior to Snyder's appointment)."
"Chuck, why was this not brought to our attention; we heard about it 45 minutes before this meeting," Horst asked.
"Anneka said that we should move on," Biggert said. "There's nothing else to discuss, Tom."
Horst then asked, "Is it true that anyone who is asked by the board can stay for an executive session?"
Biggert responded, "We can call Anneka for an opinion on this."
Adams then asked Allen, "Is there any reason we could not invite Sam to stay in the executive session? I would prefer he go into executive session with us."
Biggert opposed having Snyder in the executive session, saying "He's not a board member."
Allen asked for the board's opinion, and it was agreed that Snyder, as well as legal counsel, who also are not members of the board, entered into the executive session.
Horst told The Highland County Press that when the board of commissioners appointed Snyder in January, it was because he was the best person for the job.
"I nominated Sam because I thought he would make an excellent board member," Horst said, "because of his years of experience in education, and in particular, special education."
Biggert asked Wilkin if other candidates for the board position would be considered. Wilkin said that the board of commissioners would consider anyone who sent forth an application and expressed interest.
By Brandy Chandler and
Rory Ryan
The Highland County Board of Developmental Disabilities has unanimously voted to not renew the contract of board of DD Superintendent Chuck Biggert.
Rory Ryan
The Highland County Board of Developmental Disabilities has unanimously voted to not renew the contract of board of DD Superintendent Chuck Biggert.
The board met for their regular meeting at 6 p.m. Tuesday at Hills and Dales Training Center. At the end of the meeting, the board moved to go into executive session to discuss the contract of a public employee.
The vote came just hours after Biggert told board member Sam Snyder that after serving for nearly six months, he is not eligible to be on the board.
The board voted to go into executive session at 6:45 p.m., and they remained in session until almost 9:30 p.m. In addition to board president Linda Allen and board members Karen Adams, Gary Buchanan, Megan Filson, John Fittro and Deborah Tissot, several people were asked to stay, including Snyder, attorney Susan Oppenheimer and Adam Herman of the Ohio Association of County Boards. Biggert was not asked initially to stay for executive session, but throughout the course of the meeting, he was twice asked into the session and then asked to leave.
When the board voted to enter back into regular session, Allen asked if there was a motion regarding the superintendent's contract.
Tissot moved that Biggert not be re-employed at the expiration of his contract and that he be made aware of this in writing by Sept. 30, 2011. The motion was passed unanimously.
Following the meeting, Allen said that Biggert's contract would be up Dec. 30, 2011.
She declined further questions, but released a statement on behalf of the board. Allen said, "The board has decided to move in a different direction. We look forward to beginning our search for a new superintendent in the very near future. We appreciate Chuck's service to the board and his hard work at Hills and Dales."
Herman, of the OACB, advised Allen to not read the statement on camera, as requested by The Highland County Press.
When asked what had led the board to take this action, Allen reiterated, "We are moving in a different direction."
Biggert, who was in the room when the board voted, told The Highland County Press that he did not have a comment, but "We will just keep doing what we're here to do."
Prior to executive session, Snyder asked Allen if he could speak to the board.
"Today at 4:30 p.m., Chuck (Biggert) called and told me I was not eligible for the board," Snyder said. "He informed me that a board member must provide a written declaration of eligibility (per the Ohio Revised Code)."
Snyder was appointed in January by the Highland County Board of Commissioners and prior to his first board meeting, Snyder said he had had no notification of this paperwork.
"I was not aware of this in January," Snyder said. "I came in, turned it in to Sherry (Morrison), who put it in the file, I guess. I don't know why this hasn't been brought up before now."
"I think there needs to be a formal policy for any new board members on this," Snyder said.
The purpose of the eligibility paperwork is to determine if a potential board member would have a conflict of interest by serving on the board. Snyder said that he would have filled out the paperwork prior to being sworn in had he known, and that he had no conflicts with being on the board.
Highland County Commissioners Shane Wilkin and Tom Horst also were in attendance at the meeting, as were Highland County Sheriff Ron Ward and several Hills and Dales and board employees.
Horst informed the board that Highland County Prosecutor Anneka Collins told the commissioners the "proper thing would be to re-appoint Sam to the board."
Allen asked Wilkin who would be in charge of making sure new board members were aware of the form, and other additional information they might need, and if that responsibility would fall to the appointing agent. Wilkin, who previously served on the board before he was a county commissioner, said that he wasn't certain. The commissioners appoint five members to the board, while the Highland County Juvenile and Probate Court Judge appoints the other two members.
Allen said that they needed to figure out whose responsibility it was to inform new appointees about the proper paperwork procedures.
She then asked newly appointed board member Karen Adams, who was sworn in on June 28 by Judge Kevin Greer: "Did you sign this document?"
"Yes," Adams replied. "Judge Greer provided it."
"I didn't fill it out here when I got my appointment," Allen said. "So that's why, I'm thinking, that whoever appoints the person is the person who needs to do that so we don't have this happen again."
Biggert told Allen that he had not received anything from the commissioners regarding Snyder's appointment and the matter could have been prevented had he or Allen been contacted prior to the appointment.
Biggert said had the commissioners followed, "the traditional ways ... they would have been fine because we would assist with that. We were caught off guard with the appointment. Shane, when you did swear in Sam, you said you were asking for an opinion on his eligibility before you swore him in. Do you have an opinion?"
"No, I do not," Wilkin said.
Biggert said, "So I think that you were already aware of some complications."
"I do recall something was brought up, I asked about it, and at that point I believe even you agreed to go ahead and swear him in," Wilkin said. "Linda, if that mistake was ours, we can remedy that. We could possibly remedy it (Wednesday during the commissioners' regular session) and get Sam sworn in so he can continue to serve on the board, if possible. We will check with the prosecutor. If that was our mistake, we will correct it."
Wilkin said that if Biggert had known there was a problem, he could have let the commissioners and Snyder know and, "saved us a few months."
Biggert asked, "Could the board (of commissioners) also appoint someone else?"
"Yeah, they could send us a letter and ask for consideration," Wilkin said.
Horst then asked why the question of Snyder's eligibility had not been brought up previously during the nearly six months he has served on the board.
"Why was it not brought to our attention that you thought (something was wrong with the appointment) until 45 minutes before the meeting started?" Horst said.
Biggert said that the board asked for an opinion from "the county board association and we got permission from Jim Grandey (former Highland County Prosecutor and then-legal counsel to the board) to seek that opinion. My responsibility is to report it to the board, which we are planning to tonight. Which is privileged information."
Horst asked Biggert if he had spoken to current Highland County Prosecutor Anneka Collins prior to the meeting. Biggert said that he was "almost certain" that he sent her an email.
"What did Anneka tell you, Chuck?" Horst asked.
Biggert said that Collins said she would do research on the matter and get back with him.
"Anneka said that we should move on," Biggert said. "There's nothing else to discuss, Tom."
Biggert then said that whatever the legal opinion was would be privileged information.
Horst then asked, "Is it true that anyone who is asked by the board can stay for an executive session?"
Biggert responded, "We can call Anneka for an opinion on this."
Adams then asked Allen, "Is there any reason we could not invite Sam to stay in the executive session? I would prefer he go into executive session with us."
Biggert opposed having Snyder in the executive session, saying "He's not a board member."
Allen asked for the board's opinion, and it was agreed that Snyder, as well as legal counsel, who also are not members of the board, entered into the executive session.
Horst told The Highland County Press that when the board of commissioners appointed Snyder in January, it was because they felt he was the best person for the job.
"I nominated Sam because I thought he would make an excellent board member," Horst said, "because of his years of experience in education and, in particular, special education."