June 27, 2013 Mayor Greg Gerwom and Council, Regarding the situation of my Administrative Leave, I am disappointed that the Mayor decided he did not need to follow either the Ohio Revised Code or our own Employee Handbook in addressing this situation. The ORC section 733.35 clearly calls for the Mayor to provide written charges to both the legislative authority and the person whom the charges are against, prior to any meeting with the legislative body, so that the accused may appear in person or by counsel, examine all witnesses, and answer all charges against him(ORC 733.36). I am still waiting for a list of charges that warrant a suspension without pay and can only assume that the Mayor wishes to make a change in Village Administrator. Therefore, I have submitted a letter of retirement effective July 31st, 2013 and will use my remaining vacation between now and then. I will make myself available to help with any items during that time. For the most part, it has been an honor and a joy to serve the great people of the Village of Gibsonburg and we have accomplished much during my time as Administrator. David Johnson 733.35 Mayor shall file charges against delinquent officers. The mayor of a municipal corporation shall have general supervision over each department and the officers provided for in Title VII [7] of the Revised Code. When the mayor has reason to believe that the head of a department or such officer has been guilty, in the performance of his official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he shall immediately file with the legislative authority, except when the removal of such head of department or officer is otherwise provided for, written charges against such person, setting forth in detail a statement of such alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of such charges upon the person against whom they are made. Such service may be made on the person or by leaving a copy of the charges at the office of such person. Return thereof shall be made to the legislative authority, as is provided for the return of the service of summons in a civil action. 733.36 Hearing of charges - action of legislative authority. Charges filed with the legislative authority under section 733.35 of the Revised Code, shall be heard at the next regular meeting thereof, unless the legislative authority extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him. The judgment or action of the legislative authority shall be final, but to remove such officer the votes of two thirds of all members elected thereto shall be required. 733.37 Suspension of accused pending hearing. Pending any proceedings under sections 733.35 and 733.36 of the Revised Code, an accused person may be suspended by a majority vote of all members elected to the legislative authority of the municipal corporation, but such suspension shall not be for a longer period than fifteen days, unless the hearing of such charges is extended upon the application of the accused, in which event the suspension shall not exceed thirty days.
Posted on: Fri, 28 Jun 2013 02:22:51 +0000
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