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St. C. to pay council members’ legal fees when connected to ‘official capacity’

T-L Photo/ROBERT A. DEFRANK St. Clairsville Councilwoman Beth Oprisch, right, says Monday that council’s decision to begin paying individual legal fees of council members for legal matters arising from council business is necessary. Councilwoman Kristi Lipscomb is also pictured.

ST. CLAIRSVILLE — City Council approved an ordinance providing for the payment of up to $15,000 in legal fees incurred by individual council members for outside representation in matters arising from their duties during the regular course of council meetings or officially sanctioned events.

The ordinance was approved Monday with council members Kristi Lipscomb, Beth Oprsich, J.C. Thrash, Mike Smith and Don Vincenzo voting in favor. Councilwoman Terra Butler was not present, and Councilwoman Linda Jordan voted against the ordinance and questioned its necessity.

“I am totally against this,” Jordan said. “I can’t see going to the citizens to cover this.”

Oprisch said the ordinance was needed, saying it covers a gap in the city’s insurance.

“I’m the one who asked to propose this,” Oprish said. “There is no triggering event, which is someone would have to sue the city for there to be a triggering event. So if all other means are exhausted and you are acting in your official capacity, there’s certain protections that should be afforded, so that’s why I proposed it.”

Jordan said the city has an attorney. Oprisch said Law Director Elizabeth Glick has recused herself from such matters and is responsible for representing council as a body, not its individual members.

“I still can’t see it going to the taxpayers,” Jordan said. “My vote will be no.”

Oprisch commented further.

“This is not anything I would hope we would do on any type of regular basis, but if you’re acting in your official capacity, you should be covered,” she said.

“Why now?” Jordan asked.

“There’s … an issue, a hole, a gap in the insurance. I would have assumed council would be covered in their individual capacity. I have found out that we’re not,” Oprisch said.

Jordan also objected to passing the ordinance as an emergency, waiving the three required public readings of the legislation, when the city attorney was not present. Council President Jim Velas said he had consulted Glick..

Glick was out of the area and could not be reached for comment.

Oprisch answered questions about the matter after the meeting. She said she believes the ordinance would cover a possible pending lawsuit or legal matter between resident Bill Brooks and Butler.

“Due to recent events, we’ve noticed a gap in our insurance coverage. Our insurance coverage doesn’t involve individual council members in the capacity, their official capacity,” Oprisch said. “When that case gets resolved, and because that case is not covered by our insurance company because there’s no triggering event because the city has not been sued, then that case would fall into this category.”

Brooks has been barred from city property and from council meetings following allegations that he made intimidating and rude gestures at Butler and directed pejorative language and profanity at her and another council member.

“This person sitting here in their individual capacity is allowed to be allegedly sexually harassed? We don’t think that’s appropriate,” Oprisch said. “The case is pending. It’s going through the courts, so everything is alleged, but I believe and I guess … other council members agree that if I’m acting in my official capacity, then enough is enough.”

Brooks has denied making the gestures and using some of the language. He has also been charged with criminal trespass and disrupting a meeting by attempting to attend a council meeting that was also a public hearing on May 15.

Brooks, a past mayoral and city council candidate, has said city leaders wish to silence his criticism of the administration, and he has since announced his candidacy for the mayoral race in November.

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