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McNally sues Tablack, Gains over Oakhill
YOUNGSTOWN — Mahoning County Commissioner John A. McNally IV has sued County Administrator George J. Tablack and County Prosecutor Paul J. Gains in a mandamus action demanding that Tablack and Gains supply him with public records concerning Oakhill Renaissance Place.
The suit alleges that Tablack and Gains have “refused in bad faith to fully comply” with McNally’s request “and have purposely and willfully violated the law” of the state concerning access to public records.
The lawsuit, filed Thursday in Mahoning County Common Pleas Court, seeks a writ of mandamus ordering disclosure of the records, an injunction against destruction of the records, and a forfeiture of more than $1,000 for each public records law violation.
“I always request records ahead of time so I can make decisions I think are good for the taxpayers of Mahoning County,” he said during Thursday’s commissioners meeting in North Jackson.
McNally didn’t mention the dollar amount of his lawsuit.
A hearing on McNally’s demands will be at 11 a.m. Aug. 11 before Magistrate Timothy G. Welsh.
The lawsuit seeks all Oakhill-related documents Tablack possesses from Jan. 1, 2006, to the present, including e-mails between Tablack and any state or county employees.
The suit also seeks all documents pertaining to allegations of theft of county property at Oakhill between July 27, 2006, when the county bought Oakhill in U.S. Bankruptcy Court, and the present, including any police and sheriff’s reports and records of employee discipline.
In his April request for these documents, McNally wrote that he had “heard through the grapevine of our county government allegations of the theft of tools, equipment and stainless steel cabinetry by county employees from Oakhill Renaissance Place since the county assumed ownership of this property.”
McNally’s letter and lawsuit offer no specifics about dates, times and people who may have been involved in the alleged theft.
McNally acknowledged receiving from Linette M. Stratford, chief assistant county prosecutor in the civil division, a letter from the Ohio Department of Development to Tablack concerning arrangements the county could make to pay off a $430,000 ODOD loan for Oakhill, which the county commissioners voted to assume.
“We see that he’s already received some of the documents. He’s asking for thousands of them, and we’ll respond appropriately,” Gains said Thursday afternoon. “Mahoning County complies with the records retention statute,” he added.
For his part, Tablack called McNally’s action “an obfuscation of the truth” and some of his correspondences “ambiguous.”
Tablack said his office reviewed both April requests, compiling all public documents relating to the requests, but he has thousands of pieces of information to sort through concerning Oakhill.
“I’m transparent. I’m more than happy to comply with this request,” he added.
No public records exist, however, regarding documents related to allegations of theft of county-owned property from July 27, 2006, to the present, Tablack wrote in a May 7 letter to McNally.
Oakhill is the former Forum Health Southside Medical Center, 345 Oak Hill Ave. It houses the county’s Department of Job and Family Services and coroner’s office, the city health department and other agencies.
Commissioners Anthony T. Traficanti and David N. Ludt voted in favor of the county’s purchase of Oakhill, but McNally dissented.
XCONTRIBUTOR: Sean Barron, correspondent.