Ohio State Auditor weighs in on Sunshine Law dispute between Cleveland Heights mayor and council

CLEVELAND HEIGHTS, Ohio — An ongoing dispute between Mayor Kahlil Seren and the City Council over alleged violations of the Ohio Open Meetings Act has now drawn the attention of the state auditor’s office.

In a letter sent to all seven board members dated Oct. 17, Ohio Deputy Auditor General Robert R. Hinkle cites Seren’s call for independent investigation after he accused the council of meeting illegally to discuss city business.

“Namely, recent cleveland.com The articles and the mayor’s Facebook post (July 29) suggest that council members were holding round-robin discussions on legislation related to the mayor’s council appointments, and that a quorum of council committees met to discuss the legislation” and other initiatives, Hinkle wrote.

This gives the impression that council members were discussing among themselves “with the goal of reaching consensus before debate, discussion and voting during the public meeting,” Hinkle added.

“We have not attempted to confirm the veracity of these allegations,” the letter said. “Please be aware that if they are true, the activity must cease immediately.”

Steps will also need to be taken to examine any current practices and ensure that all activities are fully compliant with the so-called “solar law.”

Meanwhile, Serene hired outside legal counsel at a rate of $375 per hour to conduct the investigation.

Free, attorney and former council member Mike Ungar is still representing four indicted members: Board President Tony Cuda, Vice President Davida Russell, Gail Larson and Jim Petras.

On Oct. 25, Ungar forwarded the state auditor’s correspondence to Serena Flannery-Georgalis’ attorneys, who said they knew about the letter but had not yet seen it.

“Repeating false accusations does not make them true,” Ungar said Monday (Oct. 28). “At no time was a quorum of council members brought together to deliberatively discuss a pending bill.”

At the same time, “that doesn’t mean everything was done perfectly,” Ungar said. “But we must not allow the ‘ideal’ to be the enemy of the ‘good’ in terms of a peaceful resolution—at no additional cost to city taxpayers—of what has become a political football.”

Since Serene filed charges and hired outside counsel, Ungar said there have been numerous constructive meetings with the administration and Flannery-Georgalis, as well as Cuda and Russell.

City Law Director Bill Hanna also secured “conflict of interest waivers” from both sides to help resolve the conflict.

And maybe they will get there. Ungar said Hannah continues to serve as a “conversation facilitator.”

Ungar also believes they went beyond what he calls “actual subpoenas” of council email records previously requested by Seren, “which the mayor does not have the authority to release.”

New Council Member, Jim Posch, who previously proposed raising this issue before the judge in Cuyahoga County Common Pleas Court canceled a request for another outside attorney.

Instead, Posch asked his colleagues to meet soon for a public meeting.expression of dissatisfactionin response to perceptions of dysfunction by showing that they can solve these problems.

Councilman Anthony Mattocks Jr., who feels like he’s been left out of the conversation since Cuda and Russell took office. board leadership this year expressed his willingness to participate provided that his complaints were not ignored or put on the back burner.

Mattox previously said it was equally important to discuss tensions among council members, not just with the mayor.

Councilman Craig Cobb, an attorney and former municipal judge, has already warned that the entire lawsuit could become “ridiculously expensive” for the city.

Cobb believed the board should have gone ahead and accepted Seren’s board and committee nominations the first time, rather than stripping him of his appointment authority because it took too long.

Ungar said he couldn’t agree more with another point made in the state auditor’s letter: The city “should take this opportunity to train and strengthen the Cleveland Heights Community Meeting Director’s requirements for all council members.”

Hinkle further suggests that “all elected and high-ranking officials undergo in-person open meeting/public reporting training offered by our office, the Ohio Attorney General’s office, and also available online, rather than delegating this responsibility to an employee.”

Ungar said the law school bill “plans to take away delegation of authority” over the proposed training.

On behalf of Ohio State Auditor Keith Faber, Hinkle added that the state office will continue to monitor the situation.

“All information regarding this matter is being forwarded to regional staff for consideration during the City’s next regularly scheduled compliance review,” Hinkle wrote.

State auditors are aware of Seren’s earlier statement that an internal investigation into compliance with public meeting requirements is underway.

“Accordingly, we request that all relevant documents and electronic records, including the City’s internal investigation, be preserved until the completion of the City’s fiscal year 2023 financial audit.”

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