Parks panel seeks city money to sue
The law director doubts the panel’s request will be honored.
By DAVID SKOLNICK
CITY HALL REPORTER
YOUNGSTOWN — The city’s park and recreation commission is seeking permission from the city administration to spend up to $3,500 of city money for legal work to potentially sue the city.
City Law Director Iris Torres Guglucello said she’d research the issue when the request reaches her desk, but her initial reaction is she’ll reject it.
“Off-hand, I’m not sure if that’s a proper expenditure of public funds or something they are authorized to do under the city charter,” she said.
City council agreed Sept. 7 to put charter amendments in front of voters Nov. 6 to overhaul the park and recreation commission.
The commission filed an objection with the Mahoning County Board of Elections as to how the city is placing the amendments on the ballot. The commission contended the city charter and the Ohio Constitution don’t permit city council to place amendments on a ballot, and that responsibility lies with a charter committee or a citizen initiative.
Relying heavily on Guglucello’s legal opinion that the city followed the correct process, the elections board rejected the commission’s objection last week.
Proposes hiring lawyer
Commission member Michael A. James proposed Thursday to hire Brian Kish, an attorney in Youngstown, for up to $3,500 to handle legal issues regarding the charter amendments.
Interim Park Director Jason Whitehead, the mayor’s chief of staff/secretary, advised the commission that it should clear the proposal through the city’s law and finance departments.
“Because of the unique situation, it’s defending the right hand from the left hand,” he said. “To cover yourselves, I’d suggest the board seek clarification.”
The five-member commission rejected James’ proposal, which included Whitehead’s suggestions.
David M. Davis, a member, then offered a proposal to hire outside legal counsel, and not specifically Kish, to find out if the commission has the power to hire an attorney — and to find out how much city money it could spend on a lawyer. That motion passed.
The commission and the city administration, particularly Mayor Jay Williams, have been battling the past month or so over the charter amendments. If approved by city voters in November, the commission’s contracts and purchases would have to be approved by city council and the board of control. Also, the mayor, and not the commission, would appoint all permanent park and recreation employees, except the director.
Cites problems
Williams wants the changes saying there are major, long-standing problems with the commission, including its lack of accountability and poor organizational structure.
Joseph R. McRae abruptly retired in May as park director after a complaint was filed related to him with the Ohio Civil Rights Commission. McRae has declined to comment.
The commission selected Whitehead as interim director based on Williams’ recommendation.
The city recently requested the Ohio Ethics Commission investigate whether the park and recreation commission illegally allowed its members to use its facilities for free. The city charter states commission members “shall serve without compensation.” Williams considers the free use of facilities “compensation.”
Davis and member George Williams played free rounds of golf at the city-owned Henry Stambaugh Golf Course on Gypsy Lane, according to a review of records by Whitehead. The practice stopped after Williams ordered the commission to halt it.
skolnick@vindy.com