IT’S NOT OKAY.
We deserve leaders that comply with Ohio’s Open Meetings Act & Sunshine Laws. We are entitled to know exactly how our tax dollars are being grossly wasted.
MUMS THE WORD?
Honoring the will of the people is not optionaL IN A DEMOCRACY.
Six politicians usurped BARBERTON voters by INITIATING THE removal of a duly elected Mayor with zero cause. THEY CROSSED A LINE AND THE DIE IS NOW CAST.
ILLEGAL MEETINGS BEHIND CLOSED DOORS
Council apparently violated the Open Meetings Act on several fronts:
Failure to cite permissible purpose – Protocol includes naming the exact purpose in the motion, but Council often just cites “certain personnel issues,” (impermissibly vague) with a “laundry list” of all reasons allowed – a practice ruled improper by the Ohio Supreme Court;
Discussion of removal forbidden – Ohio Sunshine Laws explicitly prohibit talk of an elected official’s removal in executive session – it’s literally the very next line after the ‘laundry list’ Council improperly cited for six of their eight executive sessions this year:
Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the official’s official duties or the electedofficial’s removal from office.[1] [Revised Code 121.22(G)(1)]
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Entering from Committee not allowed – The April 6th executive session was wrongly entered from a committee meeting (so were six others since last year), rather than a regular or special Council meeting, as the law clearly requires.
Decisions made in secret are unlawful – The law is clear that no decisions can be made behind closed doors, and any such decisions are invalid. Council President Gearhart, sponsor of the removal legislation, made comments in the media that refer to non-public information and Council decisions made outside of public view:
“Gearheart said the city's attorneys had worked out a deal with Judge's lawyers that Judge would resign in September…’last we heard, it was Sept. 1 and it was a joint statement that was going to be released,’ she said.
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[1] “A public body may not hold an executive session to consider the discipline of an elected official for conduct related to the performance of the official’s duties or to consider that person’s removal from office.” (Oh. Atty. General 2026 Sunshine Laws: An Open Gvt. Resource Manual, p. 155)
SECRET INVESTIGATIONS OF POLITICAL TARGETS
Now a regular tactic used by a Law Department gone haywire, one would think that secret investigations targeting political opponents was a chapter out of the East German Secret Police handbook, not the meeting minutes from Barberton City Hall.
REDACTED DOCUMENTS AND CITY COMMUNICATIONS
The City’s reaction to public information requests would be comical if we weren’t footing the bill for the whole bad joke. Every time these jokers fail to comply with Ohio public records law, they are subjecting taxpayers to further loss by inviting a lawsuit for injunctive relief.
STILL NO JUSTIFICATION - -
Five months after Law Director Lisa Okolish Miller promised both the press and public that a list of charges would be made public “next week”, mum is STILL the word from City Hall. Okololish Miller is blatantly lying about the the City being precluded from disclosing documents and information relating to the removal proceedings they initiated by emergency legislation at a special Council meeting. In stark contrast to her false claims, the City is prevented from discussing the removal behind closed doors – NOT from disclosing those illegal discussions.
UNACCEPTABLE.
COUNCIL HAS SPENT OVER 20 HOURS THIS YEAR ALONE IN
SKETCHY CLOSED DOOR SESSIONS OF DUBIOUS LEGALITY.
DEMAND BETTER FOR BARBERTON.