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Votes breakdown from April 1, 2024,
Chester city council meeting
(Excluding roll call, minutes and adjourn votes.)
-- Acceptance of $82,016.30 in receipts for deposit into general fund. Dotson makes motion, Shuman seconds. 3-0 passage.
-- Payment of $103.192.64 in bills from general fund. Wright (via speakerphone) makes motion, Shuman seconds. 3-0 passage.
-- Acceptance of $5,585 in receipts for deposit into building fund. Shuman makes motion, Wright (via speaker phone) seconds. 3-0 passage.
-- Payment of $1,036.75 in bills from building fund. Wright (via speakerphone) makes motion, Shuman seconds. 3-0 passage.
-- City donations: Oak Glen Junior Bears, $250, toward Allison Elementary School ballfield work. Dotson makes motion, Shuman seconds. 3-0 passage. Chester parks' board, $500, for installation of wireless camera near upper end of park. Wright (via speakerphone) makes motion, Dotson seconds. 3-0 passage.
-- Approval of another quarter of the Chester Police Department incentive program for part-time patrolman. Shuman makes motion, Dotson seconds. 3-0 passage.
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CHESTER -- City council met for 45 minutes Monday night, but it wasn't without a tad bit of controversy.
Mayor Ed Wedgewood had to get a little innovative in his efforts to get a quorum at the meeting, as only two (Mike Dotson and Steve Shuman) were physically in attendance, but not everyone present in the audience approved.
Resident John Hissam was on hand in his capacity of chief of the city's volunteer fire department to update council on recent VFD news, but decided to verbalize his concerns about the legality of Monday's session as a citizen.
While councilman Nathan Wright was unable to attend in person, Wedgewood called Wright before the start of the meeting and put him on speakerphone so he could contribution to the quorum requirements, which would be three of the five-member council.
Both John Woodruff and Jason Thorn were not in attendance.
Wedgewood led council through the finances, which included acceptance of receipts and payment of bills for the general and building funds for March; donations toward upgrades to the ball fields behind Allison Elementary School, Pugh Overlook and park system's security system.
The police department's incentive program for part-time officers to help with the short staffed department was extended another quarter. According to Police Chief Chuck Stanley, the program is helping fill the gaps as two police officers prepare to be road ready by summer, after completing state police training.
Shuman, who also oversees the street department, led moves to table two agenda items regarding the department credit card and hiring of summer help until more members could be in attendance.
A check of the state Ethics Commission's website details that "the Ethics Commission has no authority or power to enforce the Open Governmental Meetings Act" and directs any complaints to be filed within 120 days in county circuit court, which is the equivalent of county common pleas courts in Ohio.
It also does deal briefly with "meeting telephonically or via live audio or visual stream," recommending: "If a governing body is holding a meeting via telephone or video streaming, steps should be taken to ensure members of the public and press are able to hear meeting participants," which Wedgewood did. However, in some cases, Wedgewood had to clarify what Wright was hearing from the council chambers.
Other council or trustee bodies had used some of their COVID funds to upgrade technology to allow for the conference calling and Zoom options.
When reached Tuesday afternoon by phone, Wedgewood said although he hadn't reached out to the body that he did do some brief research on the concerns and remains unconcerned about any legality questions regarding the meeting and subsequent votes.
City Clerk Tara Ayers, although she hadn't had a chance to follow up with the state Ethics Commission yet, promised to do so in the next few days and follow up with additional information.
Any governing body, or a member of a governing body that is subject to the Open Governmental Meetings Act, may request a formal advisory opinion as to whether an action or proposed action violates the act. This generally has to be done in writing.
According to the commission's website, any such person or entity who acts in good faith reliance on the opinion has an absolute defense in any civil suit or criminal prosecution for actions taken on the opinion unless the commission was willfully and intentionally misled as to the facts.
If the court agrees the governing body's action was unlawful, the court could annul activity at that meeting plus punish individual government body of up to a $500 fine for a first offense and up to $1,000 for subsequent offenses as well as the public body be responsible for any legal fees for the prevailing party, the website concludes.
The next meeting will be held at 5 p.m. May 6 in council chambers of the Chester Municipal Building.