Campbell Law Director clears overtime pay, despite mayor’s claim

By Sarah Lehr | February 16, 2017 at 12:00a.m.

CAMPBELL

City Law Director Brian Macala has found that overtime pay to the former Police Chief Drew Rauzan was legal, despite an allegation to the contrary made by Mayor Nick Phillips last month.

Rauzan declined to comment on the findings.

Phillips told city council during a public caucus meeting Jan. 18 he believed the city had wrongfully paid Rauzan $17,971.49 in overtime in 2014 and 2015. The mayor cited council’s repeal of a 2014 amendment to a 2003 salary ordinance as evidence.

Macala noted a 2012 ordinance establishes overtime provisions for the police chief. That overtime provision remains in full force and effect, the law director wrote, despite subsequent pay ordinances, which do not directly address the issue of overtime.

Macala also noted other department heads receive overtime pay.

When he first raised the issue, Phillips laid the blame at the feet of Rauzan, former Mayor William Van Such and former city administrator Judie Clement and said he did not believe the purported payment error was accidental.

The payment period in question included one month – December 2015 – under Phillips’ tenure as mayor. The city’s mayor, administrator and finance director approve payment to employees. Additionally, city council has oversight pertaining to the city’s finances.

The mayor said in January he discovered the perceived discrepancy when researching past pay ordinances, so as to make a recommendation regarding a salary for new police Chief Dennis Puskarcik.

“It’s amazing what you find when you aren’t looking for it,” Phillips said last month.

Puskarcik took office Jan. 6. Council voted Wednesday to set his annual pay at $48,500.

The mayor fired Rauzan in November 2016 for alleged sexual misconduct in city hall. The city agreed to rescind Rauzan’s termination last month in exchange for Rauzan’s resignation and a prohibition against Rauzan suing the city.

The Ohio Attorney General’s office continues to investigate criminal allegations against Rauzan, who denies the accusations.