Former Hillsboro SSD will remain on city payroll
Lead Summary
By
Rory Ryan-hcpress@cinci.rr.com
Former Hillsboro Safety and Service Director Todd Wilkin could remain on the city payroll at least until Dec. 31, 2016, according to multiple sources, both on and off the record.
Wilkin's employment with the city of Hillsboro ended Nov. 22 – less than two weeks after he testified against Hillsboro mayor Drew Hastings in Highland County Common Pleas Court.
Wilkin was reportedly terminated by Hastings, who had appointed Wilkin as safety and service director in February 2013.
Following the mayor’s criminal trial, at the Nov. 14 Hillsboro City Council meeting, Wilkin told council: “As the SSD, I will not selectively enforce laws within Hillsboro. All citizens must adhere to the laws and be accountable for them.”
Wilkin asked council to consider changes to city legislation that "are necessary."
During the Nov. 14 meeting, Wilkin also asked council “to consider writing legislation that prohibits the use of city-owned or rented Dumpsters by citizens or any city employees.”
After Wilkin’s Nov. 22 firing by the mayor, according to Hillsboro City Auditor Gary Lewis on Friday, Nov. 25, City Law Director Fred Beery has “advised the mayor that he (Beery) was going to advise both me and Lee (Council President Lee Koogler) that I was to continue his pay and benefits until council had an opportunity to discuss the matter.”
When asked for comment on Nov. 25, Beery replied: “Any legal advice given to municipal officers may be shared by that officer if they choose to do so. It is a privileged communication otherwise. Sorry I can't be more help. Even if they misquote me, I cannot correct them publicly. See state ex rel Lanham v DeWine 135 Ohio St 3d 191 for the privilege issue.”
The referenced case on the issue of privilege – available at https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2013/2013-ohio-199.pdf – was an action for a writ of mandamus to compel Attorney General Mike DeWine and his office to provide unredacted copies of records relating to the claim that (former) State Rep. Danny R. Bubp simultaneously held the public offices of state representative and mayor’s court magistrate. Because relator, Kent Lanham, had not established his entitlement to the requested extraordinary relief, the Ohio Supreme Court denied the writ.
Both Koogler and Wilkin declined to comment when contacted by The Highland County Press on Nov. 25.
Sources have indicated that the full council – Koogler, Dick Donley, Justin Harsha, Ann Morris, Bill Alexander, Rebecca Wilkin, Tracy Aranyos and Claudia Klein – will be asked to weigh in on Wilkin’s termination in hopes of avoiding any potential issues through the U.S. Equal Employment Opportunity Commission (EEOC).
According to the city of Hillsboro’s code of ordinances § 31.01, under “Executive Power:”
• (A) The executive power and authority of the city shall be vested in the Mayor, President of Council, Auditor, Treasurer, Law Director, Safety and Service Director, and any other officers and departments as are provided by law.
• (B) The executive officers shall have exclusive right to appoint all officers, clerks, and employees in their respective departments or offices and shall have sole power to remove or suspend any of the officers, clerks, or employees, subject to the civil service laws.
The executive officers did not meet to remove or suspend Wilkin.
In addition, the Ohio Revised Code, 2921.05 Retaliation, states:
• (A) No person, purposely and by force or by unlawful threat of harm to any person or property, shall retaliate against a public servant, a party official, or an attorney or witness who was involved in a civil or criminal action or proceeding because the public servant, party official, attorney, or witness discharged the duties of the public servant, party official, attorney, or witness.
• (B) No person, purposely and by force or by unlawful threat of harm to any person or property, shall retaliate against the victim of a crime because the victim filed or prosecuted criminal charges.
• (C) Whoever violates this section is guilty of retaliation, a felony of the third degree.
Earlier this year, Ohio’s Fourth District Court of Appeals denied the city of Hillsboro's application for reconsideration on litigation involving former city employee Kirby Ellison.
As reported on April 1, 2016, the Court of Appeals upheld a Highland County Common Pleas Court ruling on the former city of Hillsboro administrative assistant’s termination.
The Court of Appeals also affirmed the Common Pleas Court order to the city of Hillsboro to re-employ Ellison and to pay more than four years’ worth of back pay, which amounted to close to $250,000.
On Jan. 3, 2012, Hastings terminated Hillsboro Deputy Law Director Kathryn Hapner and administrative assistant Kirby Ellison shortly after being sworn into office.
The court ordered the city to re-employ Ellison to her position with appropriate back pay.
When Hastings announced the selection of Wilkin three years ago, he said Wilkin “has considerable experience in construction, building rehabilitation and multi-million dollar project management as well as a command of budgets, procurement and employee management.
“I think Todd, with his private-sector background in downtown Cincinnati redevelopment and infrastructure, is well-suited to the task at hand," Hastings said in 2013. "I was impressed with Todd’s familiarity of the challenges that face us. Code enforcement is of prime importance to us and Todd has a hands-on background to see it through.”
This week, the following statement was provided by Hastings: "Effective Nov. 22, 2016, Todd Wilkin is no longer employed in the capacity of Hillsboro Safety and Service Director. Hillsboro thanks him for his service to the city."
"Todd was a dutiful and respected safety and service director," Koogler said. "We thank him for his service and wish him the best."
Wilkin's employment with the city of Hillsboro ended Nov. 22 – less than two weeks after he testified against Hillsboro mayor Drew Hastings in Highland County Common Pleas Court.
Wilkin was reportedly terminated by Hastings, who had appointed Wilkin as safety and service director in February 2013.
Following the mayor’s criminal trial, at the Nov. 14 Hillsboro City Council meeting, Wilkin told council: “As the SSD, I will not selectively enforce laws within Hillsboro. All citizens must adhere to the laws and be accountable for them.”
Wilkin asked council to consider changes to city legislation that "are necessary."
During the Nov. 14 meeting, Wilkin also asked council “to consider writing legislation that prohibits the use of city-owned or rented Dumpsters by citizens or any city employees.”
After Wilkin’s Nov. 22 firing by the mayor, according to Hillsboro City Auditor Gary Lewis on Friday, Nov. 25, City Law Director Fred Beery has “advised the mayor that he (Beery) was going to advise both me and Lee (Council President Lee Koogler) that I was to continue his pay and benefits until council had an opportunity to discuss the matter.”
When asked for comment on Nov. 25, Beery replied: “Any legal advice given to municipal officers may be shared by that officer if they choose to do so. It is a privileged communication otherwise. Sorry I can't be more help. Even if they misquote me, I cannot correct them publicly. See state ex rel Lanham v DeWine 135 Ohio St 3d 191 for the privilege issue.”
The referenced case on the issue of privilege – available at https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2013/2013-ohio-199.pdf – was an action for a writ of mandamus to compel Attorney General Mike DeWine and his office to provide unredacted copies of records relating to the claim that (former) State Rep. Danny R. Bubp simultaneously held the public offices of state representative and mayor’s court magistrate. Because relator, Kent Lanham, had not established his entitlement to the requested extraordinary relief, the Ohio Supreme Court denied the writ.
Both Koogler and Wilkin declined to comment when contacted by The Highland County Press on Nov. 25.
Sources have indicated that the full council – Koogler, Dick Donley, Justin Harsha, Ann Morris, Bill Alexander, Rebecca Wilkin, Tracy Aranyos and Claudia Klein – will be asked to weigh in on Wilkin’s termination in hopes of avoiding any potential issues through the U.S. Equal Employment Opportunity Commission (EEOC).
According to the city of Hillsboro’s code of ordinances § 31.01, under “Executive Power:”
• (A) The executive power and authority of the city shall be vested in the Mayor, President of Council, Auditor, Treasurer, Law Director, Safety and Service Director, and any other officers and departments as are provided by law.
• (B) The executive officers shall have exclusive right to appoint all officers, clerks, and employees in their respective departments or offices and shall have sole power to remove or suspend any of the officers, clerks, or employees, subject to the civil service laws.
The executive officers did not meet to remove or suspend Wilkin.
In addition, the Ohio Revised Code, 2921.05 Retaliation, states:
• (A) No person, purposely and by force or by unlawful threat of harm to any person or property, shall retaliate against a public servant, a party official, or an attorney or witness who was involved in a civil or criminal action or proceeding because the public servant, party official, attorney, or witness discharged the duties of the public servant, party official, attorney, or witness.
• (B) No person, purposely and by force or by unlawful threat of harm to any person or property, shall retaliate against the victim of a crime because the victim filed or prosecuted criminal charges.
• (C) Whoever violates this section is guilty of retaliation, a felony of the third degree.
Earlier this year, Ohio’s Fourth District Court of Appeals denied the city of Hillsboro's application for reconsideration on litigation involving former city employee Kirby Ellison.
As reported on April 1, 2016, the Court of Appeals upheld a Highland County Common Pleas Court ruling on the former city of Hillsboro administrative assistant’s termination.
The Court of Appeals also affirmed the Common Pleas Court order to the city of Hillsboro to re-employ Ellison and to pay more than four years’ worth of back pay, which amounted to close to $250,000.
On Jan. 3, 2012, Hastings terminated Hillsboro Deputy Law Director Kathryn Hapner and administrative assistant Kirby Ellison shortly after being sworn into office.
The court ordered the city to re-employ Ellison to her position with appropriate back pay.
When Hastings announced the selection of Wilkin three years ago, he said Wilkin “has considerable experience in construction, building rehabilitation and multi-million dollar project management as well as a command of budgets, procurement and employee management.
“I think Todd, with his private-sector background in downtown Cincinnati redevelopment and infrastructure, is well-suited to the task at hand," Hastings said in 2013. "I was impressed with Todd’s familiarity of the challenges that face us. Code enforcement is of prime importance to us and Todd has a hands-on background to see it through.”
This week, the following statement was provided by Hastings: "Effective Nov. 22, 2016, Todd Wilkin is no longer employed in the capacity of Hillsboro Safety and Service Director. Hillsboro thanks him for his service to the city."
"Todd was a dutiful and respected safety and service director," Koogler said. "We thank him for his service and wish him the best."