UPDATED II: Former SSD Todd Wilkin files appeal of termination
Former Hillsboro Safety and Service Director Todd Wilkin has submitted a notice of appeal of his recent termination to the city of Hillsboro.
In a letter dated Dec. 19 and signed by Randolph H. Freking and Kelly Mulloy Myers of the Cincinnati law firm of Freking, Myers & Reul, it is alleged that Hillsboro Mayor W. Drew Hastings “retaliated against Mr. Wilkin for protected activity.”
The letter cites Section 4:16 of the Personnel Policies and Procedures Manual.
“As you know, Section 4:16 of the Personnel Policies and Procedures Manual and Ohio law protect whistle-blowers who report unlawful and unethical conduct from such reprisal. Mr. Wilkin therefore respectfully appeals his termination pursuant to Section 4:16 of the city of Hillsboro Personnel Policies and Procedures Manual.”
Wilkin's employment with the city of Hillsboro ended Nov. 22 – less than two weeks after he testified against 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 Hillsboro City 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.”
Lewis was asked by The Highland County Press on Dec. 21 if the city is still paying Wilkin. According to Lewis on Dec. 22, "Todd was on the payroll up to Dec. 20, when I received a directive from the mayor to remove him effective immediately."
On Tuesday, Dec. 27, Koogler told The Highland County Press "I don't know if he (Wilkin) is still being paid."
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.”
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.
Wilkin is not the first city employee to object to a termination by the mayor and seek a legal remedy.
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 by The HCP 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.
When Hastings announced the selection of Wilkin three years ago as safety and service director, 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.”
Following Wilkin’s termination, Koogler said he “was a dutiful and respected safety and service director.”
It's possible that an outside arbiter will ultimately hear Wilkin's appeal.
For more information, go to:
http://www.highlandcountypress.com/Content/In-The-News/In-The-News/Article/Former-Hillsboro-SSD-will-remain-on-city-payroll/2/20/36013
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