TRUMBULL COUNTY Procedural questions surround commissioners



With offices close together, commissioners often discuss matters during the workday, one says.
By STEPHEN SIFFand PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- For the Trumbull County commissioners, debate is not on the agenda.
Over the past two years, they have passed literally hundreds of resolutions to pay bills; enter contracts; hire, fire and discipline employees; build buildings; and promote development.
And more than 99 percent of the time, the three commissioners voted the same way, with no public discussion beyond a "yes" or "no." In the past two years, the number of split votes could be counted on one hand, without using a thumb.
Recent decisions by the commissioners expanding the duties of Tony Carson, the county purchasing director, and eliminating county cell phones were never mentioned in public meetings.
Department heads and county employees were informed of the decisions via letter.
Rules for privacy
Commissioners have not been discussing resolutions in private, either -- at least not under the formal mechanism that allows them to do so without violating the Ohio Revised Code.
They are allowed to meet in private to discuss a narrow range of issues, generally restricted to personnel issues, land purchases and pending legal action.
But they are required to announce beforehand that they will have an executive session, then vote during a normal open meeting to close the doors.
In two years, they have done this three times: once during an annexation hearing; once to discuss contract negotiations with employees of the county engineer's office, and once for a personnel matter.
During the same period, commissioners dealt with several issues for which they could have held executive sessions: They settled a handful of contracts, weathered a four-week strike by workers at the child support enforcement agency and were named in several lawsuits. They also began construction of a new county building on donated land in Cortland.
Conversations
So when do they talk?
"The situation is such that all of our offices are next to each other," said Joseph J. Angelo, a commissioner for 10 years. "We talk all the time."
If there are many calls on a particular issue, Angelo said, he will grab a colleague in the hallway to talk it over.
"I have no problem with the Sunshine Law," which requires discussion in public meetings. "Whenever we meet as commissioners, the press is welcome to attend," he said.
After last week's regular meeting, the three commissioners met privately with county purchasing director Tony Carson.
Screaming could be heard coming from behind the locked door.
Commissioner Joseph Angelo said the three were discussing personnel. The commissioners did not have a public vote to go into executive session.
Commissioner James Tsagaris said he feels that commissioners can meet at any time and that their office area is not open to the public. Tsagaris declined to say what was being discussed at the meeting.
"If we were meeting illegally because we had a meeting without notifying everybody, then we are wrong and I'm sorry," Commissioner Michael O'Brien said. "It is something we can look at with the prosecutor."
Research
Unannounced meetings are not the rule, O'Brien said, adding he typically researches issues independently.
He expects Angelo and Tsagaris to do the same.
"We have information available to us, we have department heads at our disposal, and we act independently," O'Brien said.
Recent case law states commissioners also can meet for information-gathering sessions such as touring a prison or meeting for dinner.