Saturday, February 19, 2000
Deerfield inquiry under way
Private meeting is at issue
BY KEVIN ALDRIDGE and SHEILA McLAUGHLIN
The Cincinnati Enquirer
DEERFIELD TOWNSHIP — A private October meeting at a restaurant has landed three Warren County deputies in trouble and spurred an investigation into whether Deerfield Township trustees violated Ohio's open-meetings law.
Sheriff's records obtained by The Cincinnati Enquirer show that Lt. Ron Reeves and deputies Tim Walker and Dion Willey came under internal investigation after township resident and former Trustee Joe Mettey claimed the trio met in an illegal executive session with trustees at the Tumbleweed restaurant on Escort Drive.
Mr. Mettey's complaint to the prosecutor's office prompted a separate investigation into whether the executive session was illegal.
“When a complaint like that is made, we have a duty to make an inquiry about it. We feel like it's a matter that the county prosecutor's office has jurisdiction over,” said Assistant Prosecutor Mike Powell.
Deputies Walker and Willey were ordered this week to undergo job counseling, and a letter was placed in their personnel files, Sheriff Tom Ariss said Friday.
He said he will decide next week what disciplinary action to take against Lt. Reeves. That could range from counseling to termination, but Sheriff Ariss said Lt. Reeves will not be fired over the incident.
The three were found to have breached law enforcement ethics; broken their oath of office; violated the sheriff's mission statement, code of conduct and his rules; and to have gone outside the chain of command.
“You don't do things behind the sheriff's back or anybody else's. When they go as a group representing the Warren County Sheriff's Office, I have a right to know about it,” Sheriff Ariss said.
According to the internal investigations report, Trustee Bill Morand initiated the meeting after a phone conversation with Lt. Reeves. Mr. Morand wanted to discuss the “morale within the sheriff's office and so forth,” Lt. Reeves told investigators.
The meeting was convened at 7:30 p.m. at the township administrative offices. However, after prayer and the Pledge of Allegiance, Mr. Morand asked to go into executive session and moved the meeting to the Tumbleweed, the investigative report shows.
Trustees and Township Clerk Ben Dotson left the township building and headed to the restaurant, where the off-duty deputies had been asked to meet them at around 7 p.m.
Mr. Mettey said he began having suspicions about the meeting when he learned the executive session was held at a restaurant instead of the township offices.
“The whole thing just had a bad odor to it,” Mr. Mettey said. “It seems like they were trying to conceal something for them to journey halfway across the township to the Tumbleweed when they have perfectly comfortable accommodations right there at the township administrative building.”
Initially, there was some concern that the deputies may have discussed the formation of a township police department with trustees. But the sheriff's investigative files indicate those discussions never took place.
“I had no idea what it was about, and I still don't know. There are no notes that I know of. We didn't look into what happened with the trustees because that's not our concern. Our concern is what happened involving our people. The Sunshine Law is with the trustees,” Sheriff Ariss said.
Whether trustees violated the open-meetings law has yet to be determined. Mr. Powell said he expects to make a decision next week.
At issue, he said, is whether trustees had the right to meet in an executive session for personnel matters, when the deputies are not township employees.
Though assigned to the township, the deputies are employed by the sheriff, and the township contracts with Sheriff Ariss for police services. In 1999, that contract cost the town ship $926,000.
“I've always felt that anyone who represents the township and whose salaries and benefits we support should have full access to the trustees,” said Trustee Lawrence Backus. “I certainly don't believe that talking to the trustees negates the sheriff's ability to supervise effectively.”
Mr. Morand called the meeting “harmless.”
“We didn't take any action. There was nothing secretive about it, and we didn't do anything wrong,” he said.
Ohio law allows a public body to go into executive session to discuss personnel issues involving appointments, employment, disciplinary action, dismissal, promotion or compensation, or to investigate charges or complaints against a public employee.
“The argument may be made that because of the arrangement between the township and sheriff, that they could go into executive session to resolve issues regarding employment of those deputies,” Mr. Powell said.
“But, whenever you look at (the Sunshine Law), you have to look at it with the understanding that it should be liberally construed in favor of the public and open meetings.”
Mr. Powell said the prosecutor's office or a citizen could sue over the October meeting.
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