Just for historical purposes

Like Forrest Gump, I'm not a smart man. I only know what I know.

Other than in a congressional nomination to the U.S. Military Academy at West Point when I was 17 years old (thank you, Congressman Bill Harsha), I cannot think of any time in my life when anyone – even remotely – suggested that I possessed any measure of intelligence.

That's OK, too. It is what it is.

With that said, please understand that prior to this year, my relative knowledge of the Highland County Historical Society was limited to these salient points: Because of the efforts of people like Charles Harsha, Jack Garman, Lester and Jean Wallis, and others, the once cohesive society has managed to avoid "red ink" and maintain long-term solvency.

For background, I previously served on a public body – the Southern State Community College Board of Trustees, from 2006-12. During every meeting I attended, I brought with me a copy of the Ohio Sunshine Laws and Open Meetings Act. Just in case.

And until Wednesday, June 26, I highly doubted that I'd ever be a public official – in any capacity – again. However, in a moment of weakness, I responded in the affirmative to Highland County Commission President Shane Wilkin, who asked if I would be a media representative on something called the Dangerous Wild Animal Response Team.

As I later discovered, Ohio Revised Code 935.28 requires each county to form a Dangerous Wild Animal Response Team. These appointments are subject to approval by the Dangerous Wild Animal State Emergency Response Commission. If, for whatever reason, my nomination is rejected, I'll happily understand. (I'm all about eradication.)

It's a funny thing, sometimes, with these public bodies.

Let's revisit the present situation with the Highland County Historical Society Board of Directors (or are they trustees?).

Following The Highland County Press' coverage of the Thursday, June 27 Historical Society meeting – in which board president Midge Rose was unceremoniously voted out of office – I have received numerous emails and phone calls – both pro and con – on our coverage.

Historical Society board member Mary Todd Hardeman informed me that: "It is my understanding from Robert's Rules of Order that Sunshine laws apply to public bodies, i.e., publicly elected bodies, such as school boards and city councils, not to private, nongovernmental entities. [See p. 96, 11th edition.] Per the bylaws of the Highland County Historical Society, Article IV: Board of Trustees, Section 6: 'Any Trustee may be removed, for just cause, by an affirmative vote of a majority of a meeting of the members at which a quorum is present.' Please note that the vote to remove Ms. Rose occurred in open meeting."

Well, maybe Mary is right. And maybe she isn't.

Recently ousted board president Midge Rose offered this: from Article VI, under meetings: Section 2 – Monthly meetings, open to all members and the public, shall be planned March through October for the promotion of historical interest.

That said, let's consider:

• The Highland County Historical Society is, or was, a 501(c)(3) organization as defined by state and federal law.

• According to the Internal Revenue Service (irs.gov), under the exemption requirements: for 501(c)(3) organizations to be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

• According to the Ohio Revised Code for 501(c)(3) organizations (http://codes.ohio.gov/orc/1702.31), under Section 1702.31 – meetings of directors: Unless otherwise provided in the articles, regulations, or bylaws, and subject to the exceptions applicable during an emergency for which provision is made in division (G) of section 1702.11 of the Revised Code:

(A) Meetings of the directors may be called by the chairperson of the board, the president, any vice-president, or any two directors.

(B) Meetings of the directors may be held at any place within or without the state, including by means of authorized communications equipment, unless the articles or regulations prohibit participation by directors at a meeting by means of authorized communications equipment. Participation in a meeting pursuant to this division constitutes presence at that meeting.

(C) Notice of the place, if any, and time of each meeting of the directors shall be given to each director either by personal delivery or by mail, by overnight delivery service, or by means of authorized communications equipment at least two days before the meeting. That notice need not specify the purposes of the meeting.

Now, if the Highland County Historical Society is, indeed, a 501(c)(3) organization, would it not be subjected to the state and federal laws thereto?

Moreover, let's review a bit of public record from the Highland County Board of Commissioners in the past year. (I trust we all will agree that the Board of Commissioners is, indeed, a public body?)

At the June 27, 2013 meeting of the Highland County Board of Commissioners, county commissioners Shane Wilkin, Tom Horst and Jeremy Shaffer passed a resolution by a 3-0 vote to proceed with a land transaction between Highland County and the State of Ohio as proposed by District 9 of the Ohio Department of Transportation.

Commission President Shane Wilkin stated at the June 27 meeting: "I talked with Anneka (Highland County Prosecutor Anneka Collins), and she said since it's two government agencies, she didn't see a problem (with the property transaction)."

Now, let's go back to the Dec. 5, 2012 meeting of the Highland County Board of Commissioners. (See: http://www.highlandcountypress.com/main.asp?Search=1&ArticleID=15842&Se….)

On Dec. 5, 2012, the Highland County Board of Commissioners completed its portion of the Scott House transfer. The property was transferred from the Hillsboro City Schools (a public body) to the Highland County Historical Society (perhaps a public body?), after pass-throughs from the county commissioners (a public body) and the Highland County Community Improvement Corporation (a public body?).

Hillsboro City Law Director Fred Beery (a public official) collected the commissioners’ (all public officials) deed signatures, which were witnessed by Highland County Prosecutor Anneka Collins (a public official) and Hillsboro City Auditor Gary Lewis (a public official).

Commissioners had previously received a legal opinion from Collins regarding the property transfer.

“It’s all yours,” commissioner Tom Horst told Bob Lambert, who was present for the Historical Society. “Thank you,” Lambert said.

Now, if the county commissioners cited a prosecutor's legal opinion approving a June 2013 public-to-public property transaction (which they did), would it not stand to reason that a similar property transaction in December 2012 also was a "public-to-public" transaction?

If not, which, if any, of the aforementioned public entities may be at fault?

If, in fact, the Historical Society is a nongovernmental entity as a board member implies, here are a few more questions for consideration:

• If the Historical Society is a nongovernmental entity, why even bother with the charade of an executive session vote as occurred at the June 27 meeting?

• If the Historical Society is a nongovernmental entity, why even hold a meeting that is – in the words of the mayor – open to the public?

• If the Historical Society is a nongovernmental entity, why file for status as a 501C(3) organization?

• If the Historical Society is a nongovernmental entity, why entertain a purported public-to-public property transaction from Hillsboro City Schools via the county commissioners and the CIC?

• If the Historical Society is a nongovernmental entity, why does one of its board members state: "I'd like to make a motion that we remove Midge Rose from the board of directors, and that any action taken during our executive session stands in this meeting as far as voting membership."

• If the Historical Society is a nongovernmental entity, why has it been funded – in part – over the years by the Highland County Board of Commissioners (i.e. local taxpayers)?

Maybe some members of the Society want it to be a public entity when it suits their purposes. And maybe they prefer that it's not a public entity when that also suits their purposes.

Which is it?

You can't have it both ways.

Lastly, for those of you who have attempted to dictate editorial content in The Highland County Press, please know that anything short of a court order by Judge Coss ain't gonna cut it.

Rory Ryan is publisher and owner of The Highland County Press.