By Average Citizen
Here is a short story that tries to convey a message to Lake County citizens.
Holmes and Watson Weigh In On The Lake County Ad Hoc Committee Debate
Opening scene: Watson calls for an emergency meeting to address communication from Average Citizen in Lake County, Ohio. He invites Mrs. Hudson, Jordy, his Scottish friend, and, of course, his brilliant friend Sherlock Holmes.
Watson: Mrs. Hudson, Bless you for the tea and crumpets.
Mrs. Hudson: So glad I can be part of your meeting. Helping our friends in the colonies is very important to me.
Watson: Thank you to all for meeting on such short notice. But our friend, Average Citizen, has been frantically communicating with me about an issue in Lake County, Ohio that may be embarrassing for a great deal of elected and appointed officials in the County if it sees the light of day.
Holmes: Good grief, Watson what have the officials done now? They seem to be forever playing the corners, sweeping things under the rug, and out and out violating the Ohio Revised Code. Remember we caught their Prosecutor admitting to violating the Open Meeting Act by not inviting the public to their Corrections Board meeting.
Watson: Well, yes I do, and I fear that they have done it again.
Mrs. Hudson: Wait, was this the County where the Commissioner kicked Average Citizen out of the meeting between the Commissioners and the Visitors Bureau?
Watson: Great memory Mrs. Watson…yes, Average Citizen sued for violation of the Open Meetings Act…Prosecutor had four attorneys fighting a first time pro se attempt by Average Citizen.
Holmes: Four attorneys?… they usually only have two attorneys handling a murder case.
Watson: Aye, right you are Holmes, but this was to protect, at the time, a Commissioner. They could not afford to scuttle his chances for State Senate.
Jordy: What? It sounds like their officials just want the public to stay at home and wait for the elite class to give them their edicts. Bloody, toffs.
Mrs. Hudson: Now, now Jordy…let’s be civil…
Jordy: Right ye are, Mrs. Hudson…Bloody, toffs.
Holmes: Can you recap the case for us Watson?… Just the highlights mind you, so we do not get bogged down with too many details.
Watson: Well, it is a bit complex, but here we go. There was a problem with the distribution of the Local Government Funds that are received from the State of Ohio government. They had been using an Alternate Formula that had been used for many, many years. It was brought to the attention of their Prosecutor that the Alternate Formula they are using is invalid. The Prosecutor looked into it, and he agreed that the formula was invalid, and the municipalities would have to agree on a new formula or they would have to use the State statutory formula.
Holmes: So how did they proceed?
Watson: Their Budget Commission held a meeting and decided that it was obvious that a committee should be created to research the alternative to the current Alternate Formula.
Holmes: So, their Budget Commission authorized the formation of the committee to do the needed research?
Watson: Well, that is the sticky wicket…the fly in the ointment, so to speak…The Budget Commission contends that they did not authorize the committee, and it was just a bunch of fellows getting together to help the community. Ad Hoc means a temporary group brought together to address a specific issue. Its Latin for “this purpose only”.
Jordy: Time out…they speak Latin in Lake County? Who was on the committee?
Watson: Well, the movers and shakers in the county made up the Ad Hoc committee. It was comprised of the Mayors and Managers of most of the community leaders. There was one community shutout…they had no invited representatives.
Mrs. Hudson: Pray tell, who was that poor soul?
Watson: The Mayor of Timberlake… Since he wanted his constituents to have representation, he went to the meeting as an uninvited guest. Except for the last three meetings when they kept the date, time and location from him. So he did not attend all the scheduled meetings .
Holmes: So they kept an elected official out of a public meeting?
Watson: Now that is the dilemma, the issue is clearly…was it a public meeting?…was the Ad Hoc committee a public body?
Holmes: Clearly the Ohio Revised Code 121.22 (1) (a) states:
(1) “Public body” means any of the following:
(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution.
Watson: Allow me to recap your statement Holmes, just to make sure that I understand:
A public body is any committee, or similar decision-making body of a commission, or similar decision-making body of any county, township, or municipal corporation.
Do I have that right?
Holmes: You have summarized it beautifully, doctor.
Jordy: Did the bloody public body of toffs ever come up with anything?
Watson: Yes, Jordy…after many meetings the Ad Hoc committee developed a new Alternate Formula…it was just under the wire…just before the Auditor would have to spend time and money to calculate the impact the Statutory Formula has on each community.
Holmes: Hold on a sec…Watson, you said the public body, known as an Ad Hoc committee, developed an Alternate Formula behind closed doors without the public having any input, or even able to attend the meetings?
Watson: The story is even worse than that…
Holmes: Pray tell…
Watson: The Auditor, trying to do his due diligence, has sent the Alternate Formula in a resolution asking all Lake County municipalities’ elected officials to pass a local resolution accepting the Alternate Formula…If the County and the largest city, Mentor, pass the resolution, and 50% of the remaining communities pass the resolution, it becomes a done deal…signed sealed and delivered…
Holmes: Whoa…back that truck up a bit Holmes…Did you know that their Ohio Revised Code Section 121.22 (H) deals with rulings created in violation of the Open Meetings Act?
(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.
Group response: (gasp) How could they all be so wrong?
Jordy: The whole ruling and resolutions are a load of tosh. Can you Adam and Eve it?
Mrs. Hudson: Oh, my Jordy…aye they have produced garbage and I do believe it…
Watson: I am not sure what to tell my friend, Average Citizen…
Holmes: Tell him this…everything will be alright for the toffs if no one sues them for violation of the Open Meetings Act. If they are sued, then they are all going to be looking for redemption because they are guilty as sin.
Closing scene: The light slowly fades from the meeting in the flat. They all raise their cups of tea and offer a salute to their friends in the colonies.
LFC Comments: Oh, what a tangled web we weave, when we first set out to deceive. Et tu, Commissioners…
Categories: Community Activism, Uncategorized