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Procedural problems

Tempers flare as Barnesville council considers solicitor appointment

BARNESVILLE — An attempt to appoint a new village solicitor failed this week in Barnesville when tempers flared as two council members objected to the procedure implemented by Mayor Dale Bunting to fill the post and a third member left the meeting after becoming frustrated by the proceedings.

During a council meeting held Tuesday, Bunting announced he had appointed a committee that had interviewed two applicants before recommending Adam Myser to fill the position that was open due to the Oct. 3 death of Solicitor Marlin Harper. Bunting later said the committee that made the recommendation consisted of council President Brad Hudson, Police Chief Rocky Sirianni, Village Administrator Roger Deal, current Fiscal Officer Vicki Magers who is retiring at the end of the year, Jeannie Hannahs who will become fiscal officer and Bunting.

Bunting said he filled the committee with those who would be working most closely with the new solicitor.

Councilman Scott Gallagher, who serves as chairman of the Personnel Committee, spoke up when Bunting requested a vote approving Myser’s appointment.

“I don’t have a problem with Adam, I have a problem with how the process went. I think having a resume handed to me today and then voting on it is just idiotic, number one, and personnel (committee) not being involved, I think that’s sad,” Gallagher said.

Councilman Jamie Betts spoke up as well, saying that he and Councilman Terry McCort were also on the Personnel Committee. McCort said he had spoken with Bunting “at length” concerning Myser, but that he had left the decision with the mayor and Village Administrator Roger Deal since he felt they would be the ones who would need to be able to work with the new solicitor.

“I wasn’t offended in any way by not interviewing him, but if there is a due process you want to put in place, Scott, for in the future by all means,” McCort concluded.

Bunting interjected, saying the Personnel Committee had never had any role in hiring decisions that he remembered during his tenure. He later said that the Personnel Committee is primarily involved with resolving issues with village employees.

Gallagher was not satisfied, saying, “This is a legislative branch. There are six members here that are supposed to represent, and you’re bypassing that.”

Concerning the appointment in question, Betts said, “I’m not saying he’s not the right applicant. I was informed about it Thursday evening after he was already offered the position and you guys had already offered him a wage that I was not involved in.”

Betts added that he would like to have well defined roles and responsibilities set for individual committees going forward.

Bunting held firm.

“It’s just like every committee. I pick the committee. This is a recommendation this committee brings to council. If you do not like this recommendation, vote no!” the mayor said.

The discussion broke down at that point with Bunting maintaining that he would handle similar issues in the same way and that Village Administrator Roger Deal had the power to hire without council’s approval or blessing.

Betts said he didn’t believe that was true in the case of appointing a village solicitor and further remarked, “Go ahead and hire whoever you want, Roger. You don’t need us.”

McCort expressed his disapproval for the tone of Betts’ remark before a motion was made to adjourn the meeting. Then, while Gallagher and Bunting continued to argue, McCort walked out of the meeting.

With no second having been made concerning adjournment, Bunting asked if they were going to move on the appointment. Councilman Les Tickhill made a motion to do so that was seconded by Council President Brad Hudson.

The motion failed to pass, however, with Tickhill and Hudson both voting yes while Gallagher and Betts abstained. Councilman Tony Johnson was absent from the meeting and McCort, having left, was not available for the vote.

Steven Hill, who will take a seat on council in January after receiving 116 write-in votes in the No. 5 election, spoke up. He said he felt the procedure had been flawed as well, since two of committee members would not be village officials after December, referring to the retiring Magers and Hudson, who did not run for re-election.

Hill added, “I have no problem with Adam Myser. He’s an excellent choice, but this fellow is going to represent everybody that’s in this room, not just the mayor, not just Roger, but everybody, and they should have an input on who the next solicitor should be.”

Council will meet again in special session at 5 p.m. today at the municipal building to reconsider appointment of a solicitor.

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