City Council members deposed in lawsuit

LANCASTER - Depositions are underway in the lawsuit involving six Lancaster City Council members and Council President Bob Hedges that was sparked by council committee appointments more than a year ago.

Hedges' attorney Ray Michalski filed the lawsuit against the council members — Gina Bentle, Melody Bobbitt, Mike Fracassa, Harry Hiles, Tom Stoughton and David Uhl — on March 15. Michalski said the deposition process has begun, and records about the case, such as phone records and emails, have been turned over in the discovery process.

"We've gotten many documents, but we're considering their response to be incomplete," Michalski said, adding he doesn't believe all records have been provided.

Another problem that arose involved phone call records because local calls aren't listed on phone bills. To get a record of each phone call made, the phone companies will likely be subpoenaed, he said.

The city's attorney, Marc Fishel, said he hasn't heard of a problem with discovery.

"(Michalski) has not indicated to me that there are documents missing," Fishel said. "He has not filed a motion to compel."

The most recent action in the case came on Feb. 17 and Friday when depositions of lawsuit witnesses and defendants were completed.

Fishel began representing the six city council members after Law Director Randall Ullom turned the case over to outside defense counsel due to a conflict of interest in December. So far the city has expended about $7,800 for Fishel's work on the case, according to the Lancaster Auditor's Office records. Fishel itemized his time on the case with the bulk of his work spent meeting with clients and reviewing documents, according to two bills sent to the city.

City Council approved $10,000 be moved from the general fund to cover some expenses. However, the total may exceed the previously appropriated amount.

On Feb. 1, Fishel filed documents to voluntarily dismiss the defendants' counterclaim against Hedges that he violated the Ohio Open Meetings Act when he met with council members in private to discuss their wishes about city council committee appointments. At the time, it was the council president's job to make the appointments. However, the majority of city council later voted to change that rule to allow the council as a whole to make committee decisions in the future.

Before the vote, Hedges' is alleging the six council members named in the lawsuit met in round robin or serial meetings in violation of Ohio's sunshine law to vote down Hedges' appointments and approve their pre-determined committee list.

Fishel said the counterclaim was dismissed to speed the process along.

"The city is really interested in putting this behind them," Fishel said, adding that he plans to file a motion for summary judgment, which can be done after the discovery process is complete. If granted, the case would be dismissed without need for a trial. Fishel said the city feels confident in its case.

Michalski has another theory about why the city would dismiss the claim, saying it was because Michalski had just requested council members pay Hedges' attorney fees because they were counter-suing him.

Visiting Judge Linton Lewis denied Michalski's motion on Feb. 13. Lewis said the issue could be revisited depending on whether the court finds council members were in violation of the Ohio Open Meetings Act.

Michalski said he doesn't expect the trial, which is set to begin June 13, to be delayed.

"I think everyone is interested in wrapping it up," he said.

The trial is expected to last three days.

sremoquill@lancastereaglegazette.com

740-681-4342

Twitter: @SpencerRemo