September 8, 2014 - Special Council Meeting

MINUTES
BREWSTER VILLAGE COUNCIL
September 8, 2014
7:00 P.M.

 

Brewster Village Council met in special session with Mayor Mike Schwab presiding.

7:00 P.M. – CALL TO ORDER 

Council Members bowed their heads for the invocation provided by Clerk-Treasurer K. Kris King followed by the Pledge of Allegiance.

MEMBERS PRESENT:

Mike Schwab, Mayor

Dale Fox, Council Member

David Godwin, Council Member

Tom Hilliard, Council Member

Paul Mackey, Council Member

Steven Tharp, Jr., Council Member

VILLAGE OFFICIALS PRESENT:

K. Kris King, Clerk-Treasurer

This evenings business is to review letters of interest for the open council seat and interview the candidates.

Candidates for Open Council Seat (Letters of Interest were accepted until September 5 at 4 pm)

            1.         Steven M. Decker – 356 E. Barber Street (not in attendance)

            2.         Charles Hawk – 624 Scioto Avenue NW

            3.         Raymond Heitger – 317 Seventh Street SE

            4.         Jason Holland – 425 N. Wabash Avenue (not in attendance)

            5.         Angel McCune – 225 Fifth Street SE

            6.         David Wurtz – 405 First Street SW

Mayor Schwab provided the following qualification requirements per Ohio Revised Section 731.12:

Each member of the legislative authority of a village:

  • Shall have resided in the village one year immediately preceding the member's election
  • Shall be an elector of the village. (a registered voter in a Village precinct)
  • Shall not hold any other public office, be interested in any contract with the village, or hold employment with said village, except that such member may be a notary public, a member of the state militia, or a volunteer fireman of said village, provided that such member shall not receive any compensation for his services as a volunteer fireman of the village in addition to his regular compensation as a member of the legislative authority.

Advisory from VILLAGE SOLICITOR:Attorney Al McCallin (Absent this evening)

Use of Executive Sessions for interviews for an Open Council Seat –

            Email provided to Council by Solicitor:

The Mayor asked that I comment on the upcoming meeting for the appointment to fill the vacant Council seat. In the past, Council has undertaken its interviews in executive session.

  • Executive sessions are not favored under the law and should be used sparingly and only when there is a compelling privacy or confidentiality interest involved. As is often said, just because you have the right to do something, does not mean that it is the right thing to do.  
  • In my opinion, RC 121.22 (G)(1) does permit this process to be undertaken in executive session but any formal action needs to be taken in open session.
  • That said, I was able to find only one analogous case directly on point.  That case was decided almost 30 years ago in 1985. This indicates to me that most Councils undertake deliberations of this kind in open session.  
  • Also, I do see some inconsistency in publishing notice of the meeting, basically inviting the public to attend and then closing the public out of participation by executive session. Council might benefit from the input of the public on the selection process. The same thing occurs when candidates are publicly vetted during an election.

COUNCIL’S INTERVIEW OF APPLICANTS FOR THE OPEN COUNCIL SEAT:

Council Member Tharp stated that he felt executive session provides a fair individual assessment of each candidate. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to go into executive session for the purpose of considering the appointment of a council member of the Village of Brewster.  Council Member Mackey stated he didn't see the necessity to go behind closed doors.  He stated there was no reason to do this secretly.  Mayor Schwab stated each candidate could be given a chance to make one final comment after all questions were answered.  Council Member Fox asked David Wurtz how he felt since he was once on Council and was also a candidate for a council appointment.  Mr. Wurtz stated he felt more free to express himself privately and that it gave a truer view of the person in private.  Council Member Hilliard asked the audience because he didn't have a problem either way.  Mr. Wurtz stated he preferred to meet privately.  The vote: Godwin, yes; Hilliard, yes; Mackey, no; Tharp, yes; Fox, yes.  Motion carried.

The five members of Council and Candidate Charles Hawk exited into Executive Session in the Fire Department Meeting Room for a Council appointment interview at 7:17 pm until 7:35 pm at which time Candidate Ray Heitger was asked to go into Executive Session in the Fire Department Meeting Room for a Council appointment interview until 7:55.  Candidate Angel McCune was asked to go into Executive Session in the Fire Department Meeting Room for a Council appointment interview until 8:14 pm at which time candidate David Wurtz was asked to go into Executive Session in the Fire Department Meeting Room for a Council appointment interview until 8:33 pm.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to exit executive session at 8:36 pm.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint Charles Hawk to the vacant council seat with the term ending 12/31/15. 

Council Members Tharp and Hilliard thanked all the candidates for coming out and hoped they stayed interested in Village government.  Council Member Hilliard stated that the candidates all commented on how we have a great Fire Department, nice parks, they liked our Street Department and elected officials.  

Council Member Godwin stated he would have liked to have seen Ray Heitger appointed.  He has shown a lot of dedication by attending the council meetings for the last four years.

Council Member Tharp stated that Mr. Hawk has been here for longer than he has been alive.  He ran a family business, served the Village in various capacities for over 30 years, and displayed an open mindedness.

The vote: Godwin, no; Hilliard, yes; Mackey, yes; Tharp, yes; Fox, yes.  Motion passed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:41 pm.  The vote: All yes.

Respectfully submitted,

_____________________________________

K. Kris King, Village Clerk-Treasurer

____________________________________

Mike Schwab, Mayor