Judge Timothy Grendell Asks Commissioners for $300,000 in Past Legal Fees and $25,000 for His Appeal to the Ohio Supreme Court on Disciplinary Charges
Board of County Commissioners (BOCC) Meeting - November 19, 2024
Meeting Details: The Board of County Commissioners (BOCC) met in Regular Session on Tuesday,
November 19 at 9:30 am for a meeting at the County Administration Building, 12611 Ravenwood Drive,
Room B303, Chardon, OH. The meetings are in-person only, and there are no recordings for the public. An agenda is available in advance via request to the Commissioners’ Clerk and at the meeting. Items discussed at the meeting but not on the agenda, if any, are addressed at the end of this report.
Public Comment Policy: Observer Comment: Commissioner Ralph Spidalieri announced at the end of the April 4, 2023 meeting that public comment would be permitted and that a more formal policy would be forthcoming. There has been no formal policy introduced, although public comment was permitted today.
Attendance: Present were Commissioners Timothy Lennon, Ralph Spidalieri and James Dvorak. Also present were Commissioners' Clerk Christine Blair, County Administrator Gerry Morgan, Assistant County Administrator Linda Burhenne and Finance Manager Adrian Gorton.
County Representatives: Matt Sieracki, Maintenance Contract Coordinator; Roger Petersen, Emergency Services Director; Katie Taylor, Administrator, Building Department; Jacob Scotese, PE, Deputy Engineer; Jessica Boalt, Director, Office on Aging, an unnamed Maintenance Department representative, Juvenile and Probate Judge Timothy Grendell, and Juvenile Court Administrator Kim Laurie
Others in Attendance: Sheriff Scott Hildenbrand, Juvenile Court Constable John Ralph, Frank Antenucci, Chief Deputy Administrator, ADP (Automatic Data Processing); Carolyn Brakey, Geauga Health Board member and newly elected County Commissioner; Pam McMahan, Chief Operations Officer, Auditor’s Office; Kathleen Hostuttler, Human Resources Manager; Glen Vernick, Director, Maintenance Department; County residents Diane and Tom Jones, Stacey Hartman, the members of the public and press, and this observer. Observer Note: Stacey Hartman sat in the front row and left after Judge Grendell left. The treatment of her two children by Judge Grendell was the basis of one of the ethics complaints against the Judge. See News Channel 5 story cited later in this Report for more information.
The Pledge of Allegiance was recited and a prayer was offered by Mr. Dvorak.
Minutes: Minutes for the October 17, October 22 and October 29 meetings were approved. Observer Comment: Weekly LWVG Observer Reports for BOCC are available online through November 19, 2024, for informational purposes but are not substitutes for approved minutes. Approved BOCC Minutes are posted online here through October 8, 2024.
Administrator’s Report: There was no report from Mr. Morgan.
Financial Report: Mr. Gorton received approval for the following: Observer Note: Monetary figures are given when available.
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Supplemental from Job and Family Services (JFS) to the Public Assistance Fund for remaining salary and hospitalization accounts for year-end
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Cash Transfer From the General Fund to EMS for their per capita subdivision receipts and sales tax operational stipends
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Cash Transfer from the General Fund to the Computer Equipment Improvement Fund to provide balance of funding requested for 2024
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Travel for the Engineer’s Office
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Purchase Order from Maintenance to CP Consultants Inc for work on the Safety Center parking lot repaving project
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Vouchers:
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$29,855 from the Office on Aging to Junction Buick to purchase a GMC Terrain. This is an additional vehicle to be used for home safety services.
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$232,355.35 from the Engineer’s Office to Front Line Road Safety LLC for application of polyester paving markings for various roads
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$30,500 from the Sheriff’s Office to the Flock Group for 10 license plate readers for 10 poles
Mr. Lennon asked about the money for the Computer Equipment Improvement Fund. Mr. Gorton said that last year $350,000 had been removed from this Fund for the 2024 Budget but that the Budget Commission had required that the funds be put back during the budget discussions last year. Mr. Lennon asked about the “required” language. Mr. Gorton said that during budget hearings, some items requested by departments are removed by the Commissioners and then usually these items can be paid after January 1st. The Budget Commission took the option of allowing the County to certify the 2024 request for computer equipment so that amount of $350,000 that had been removed was put back into that fund. He said that today’s request was for $475,000 which was the remaining amount that had been approved in the 2024 budget. Mr. Gorton further said that these funds are mainly for existing contracts such as Gatekeeper, off-site back up, Tyler, New World and CrowdStrike.
The County Engineer’s Office received approval for the following:
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To execute Change Order #1, increasing the Contract with Ohio Bridge Corporation (U.S. Bridge Division) for the Replacement of the Robinson Road Bridge (Structure #GEA-0076-0188) in Chardon Township in the amount of $41,291.83.
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To execute the Snow and Ice Control Agreements among Geauga County Board of Commissioners, Geauga County Engineer and the following townships:
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Bainbridge Township Board of Trustees for 13.42 miles of County Roads (Chagrin Road, Bainbridge Road and Washington Street) for the winter season of 2024-2025 in the amount of $68,047.86.
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Chester Township Board of Trustees for 15.09 miles of County Roads (Wilson Mills Road, Sperry Road, Mulberry Road and Caves Road) for the winter season of 2024-2025 in the amount of $76,515.81.
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Claridon Township Board of Trustees for 9.32 miles of Township Roads (Ensign Road, Forrest Road (two sections), Hall Road, Spencer Road, Stillwell Road and Taylor Wells Road) for the winter season of 2024-2025 in the amount of $37,570.00.
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Montville Township Board of Trustees for 10.712 miles of Township Roads (Burrows Road, Dewey Road, Hart Road (two sections), Hautala Road, Joann Road, Kile Road, Murphy Road, Sun Road and Whitney Road (two sections)) for the winter season of 2024-2025 in the amount of $41,049.25
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Russell Township Board of Trustees for 8.628 miles of County Roads (Fairmount Road, Russell Road and Caves Road) for the winter season of 2024-2025 in the amount of $43,749.40.
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Troy Township Board of Trustees for 11.83 miles of Township Roads (Stafford Road, Fox Road, Winagle Road, Patch Road, Nash Road, Tilden Road, Hoover Road, Grove Road and Greystone Road) for the winter season of 2024-2025 in the amount of $41,049.25.
The Department on Aging received approval to execute the Western Reserve Area Agency on Aging Purchase of Service Agreement with the Department On Aging for the Older Americans Act / Senior Community Services Funds for the period January 1, 2025 through December 31, 2025 in the amount of $568,000.00.
The Building Department received approval to advertise for the position of Multi-Certified Inspector IV (#1112). This position will remain posted until filled.
The Department of Emergency Services received approval to execute Resolution #24-191 to Designate Roger Peterson, Director of the Department of Emergency Services, as Agent for Federal Financial Assistance under Disaster Relief Act (Public Law 288, 2 rd Congress) from the President’s Disaster Relief Fund to the State and Federal Emergency Management Agency (FEMA).
Mr. Peterson said that there are requirements to update their Hazmat plan yearly and to update their Hazmat Mitigation Plan every five years. He said that they have been given authority to rewrite this five year plan using their own staff rather than hiring an outside consultant. This resolution will then allow Mr. Peterson to request the $20,000 for this work.
The Maintenance Department received approval for the following:
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To advertise for Bids for the Geauga County Annex Generator Replacement project to be held on Wednesday, December 11, 2024 at 2:00 p.m. Notice of this Bid Opening will be advertised on November 22, 2024, November 29, 2024 and on the County website.
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To execute the service Contract Agreement with E Technologies, Incorporated to upgrade the batteries of the UPS units located at the Department of Emergency Services and Safety Center with work to be completed within sixty (60) days of November 19, 2024 in an amount not to exceed $61,478.00.
The Probate/Juvenile Court Judge Grendell requested two supplementals from the BOCC, one for $300,000 for past legal fees submitted by the law firm of Montgomery Johnson and one for an additional $25,000 to be paid to Attorney Stephen Funk (law firm of Roetzel and Andrews) to represent Judge Grendell at the Ohio Supreme Court hearing concerning the recommendations of the State Board of Professional Ethics. Observer Note: The ethics complaints have been well covered by local newspapers, The Plain Dealer and several TV stations. See News Channel 5 story here and the opinion filed by the Board of Professional Ethics here for background. Judge Grendell did not mention that attorney Stephen Funk also represented him before the final recommendation was issued on October 4, 2024 according to information referenced in the Appeal to the Ohio Supreme Court (see link above). The Board of Professional Conduct recommended an 18 month suspension from the practice of law for Judge Grendell due to ethical misconduct, with 6 months stayed on condition that he refrain from misconduct. This would include an immediate suspension from judicial duties. The Recommendation also states that Judge Grendell be required to pay for “the cost of this proceeding.” This Recommendation is 88 pages long but pertinent conclusions can be found at pages 53, 59, 61, 66, 68, 73, 75 and 88.
Judge Grendell began by citing two Ohio Revised Code (ORC) laws: ORC 305.14 and ORC 309.09
Observer Note: ORC 305.14 as cited above, states: “The court of common pleas, upon the application of the prosecuting attorney and the board of county commissioners, may authorize the board to employ legal counsel to assist the prosecuting attorney, the board, or any other county officer in any matter of public business coming before such board or officer, and in the prosecution or defense of any action or proceeding in which such board or officer is a party or has an interest, in its official capacity.”
ORC 309.09 states: “The prosecuting attorney shall be the legal adviser of the board of county commissioners, board of elections, all other county officers and boards, ….”
At Tuesday’s meeting, Judge Grendell said that the State’s Supreme Court had appointed a law firm to represent him in his disciplinary case. He stated that the Geauga County Common Pleas Court has been receiving the bills, which have now reached $300,000. Observer Note: The Juvenile and Probate Court is a division of the Geauga County Common Pleas Court. Judge Grendell is the only Judge for both the Juvenile and Probate Court. It appeared from the discussion that bills were being sent to the Juvenile and Probate Division. He said he hopes to get those bills lowered after speaking with the law firm. The judge also asked the commissioners to hire Stephen Funk to represent him, and those costs could be capped at $25,000. He expressed his certainty that Stephen Funk would prevail before the Ohio Supreme Court. Judge Grendell said he was not allowed under the State’s rules to hire outside counsel in his disciplinary case until now. He said that in disciplinary proceedings an attorney is assigned to represent him (Montgomery Johnson).
Mr. Lennon asked how much money would be paid by the State, and Judge Grendell said he believed it was $10,000 per count. Mr. Lennon also asked if it is typical for the County to pay these bills? Judge Grendell said they have received all the bills now from the first law firm. Mr. Lennon said that the Commissioners had not received any bills. Mr. Lennon also wanted to know if all the work was performed by this firm at this point, and Judge Grendell said that it was.
Mr. Lennon asked when the action started, and Judge Grendell said November 2022.
Mr. Lennon said they have approved outside counsel to represent some of the county employees who were witnesses called to testify. Mr. Lennon again noted that these bills totaling $300,000 for Judge Grendell have been accumulating for several years. Observer Note: It was not stated but from the discussion it was apparent that there has been no payment by the Juvenile Court or Judge Grendell.
Judge Grendell said that now that this phase is over, he is entitled to choose his own attorney in his hearing before the Ohio Supreme Court before they make a decision. He said he was “entitled to Mr. Funk’s expertise before the Ohio Supreme Court.”
He again cited Ohio Revised Code 309.09 to indicate that the Prosecutor should represent him. However, Judge Grendell said, the prosecutor would have a conflict because he testified against Judge Grendell. Judge Grendell cited a Trumbull County Election Board case (without a name or citation) that held that the Commissioners have authority to appoint counsel in a case where the Prosecutor is precluded from representing the individual.
Observer Note: The case cited by Judge Grendell appears to be State ex rel. Trumbull Cty. Bd. of Elections v. Trumbull Cty. Bd. of Commrs. The opinion can be found here in full, but the most relevant passage is: “The ultimate decision on the merits of the issue raised by a county officer or board is not the standard for appointment of outside counsel where there is conflict of interest. Rather, appointment is based upon: (1) whether (a) the matter is one of public business coming before the county officer or (b) the county officer directs a prosecution or defense of an action or proceeding in which the county officer is a party or has an interest in his official capacity; and (2) whether the prosecutor has a conflict of interest. R.C. 305.14(A). Neither prong is contested here.” This case is regarding a Board of Elections lawsuit to compel Commissioners to pay for health insurance. It appears to be substantially different from the disciplinary case at issue.
Mr. Lennon said that Mr. Funk had put a cap of $20,000. Judge Grendell said that Mr. Funk had asked for an additional five thousand dollars.
Mr. Lennon deferred to Mr. Morgan and asked, “You said we should use our own counsel?”
Mr. Morgan agreed and also cited ORC 304.14 which he stated means that Judge Grendell would first need to request the Prosecutor to represent him and then ask the Commissioners if that request is denied.
Judge Grendell said that Mr. Funk had already filed a brief.
Mr. Lennon again asked about why the Commissioners were not notified, and Judge Grendell said he thought the bills were going to the Commissioners. Judge Grendell also said that he had not realized that the bills were being sent to the Geauga County Juvenile Court.
Mr. Lennon asked about the billing process and asked Judge Grendell to follow up on the billing procedures. Judge Grendell also said that they should go over the bills.
Mr. Dvorak said, “Put yourself in the Commissioners’ seat” and noted that he has received over 100 phone calls about this request. He cited a statement by Juvenile Court Administrator Kim Laurie in a Chagrin Valley Times article in which she said that after a certain amount the Judge would pay these legal fees personally.
Judge Grendell said, “In all due respect, Commissioner, the law is the law. The newspaper has ‘misrepresented facts.’ ” Judge Grendell then asked Ms. Laurie to address her previous comment to the Chagrin Valley Times.
Ms. Laurie, who was at the meeting, stated that, “this was very early on in the process.” She said this is all a new process for the Geauga Juvenile Court. She also said that the invoices were being sent to the Judge’s personal email address, and at the time, they thought the process would mean Judge Grendell was responsible for the bills. She noted that Judge Grendell has looked into this and talked to other judges and that “now we know that statement was incorrect.”
Mr. Spidalieri said, “We need to look at this and see what exactly we’re responsible for and get an opinion on this and see exactly what we're required to do and not.”
Mr. Lennon suggested, “We’re going to have to get outside counsel or use outside counsel.” Mr. Morgan said, “yes, use outside counsel.”
Judge Grendell, “All I request is that we follow the law, not the court of public opinion.”
Mr. Lennon said, “I certainly wouldn’t be using local newspapers for reference.”
Mr. Spidalieri asked about the process for the appeal. Judge Grendell said that briefs have been filed and that oral arguments will be in the spring, with a decision later in the year. Judge Grendell noted that there are two new Ohio Supreme Court Justices and that might slow things down but that only the Ohio Supreme Court has the authority to suspend his law license. He stated that, “contrary to what the news media has stated, I have not been suspended. I sit on the bench every day.”
Mr. Spidalieri said “The unfortunate situation of this whole thing is, this is a multiple of things. It’s not just one thing.” Observer Note: Mr. Spidalieri was apparently referring to the fact that there are eleven counts of ethics violations. See Recommendation Page 53 (conduct in the case involving children of Stacey Hartman), Page 59 (conduct towards Chardon Police and public appearance on the street in judicial robes), Page 61 (conduct toward Chardon City Prosecutor), Page 66 (“baseless remarks about Auditor Walder and Prosecutor Flaiz” at a Tea Party Meeting), Page 68 and 73 (voluntary appearance at an Ohio House hearing, closing the Court to do so), and Page 75-87 (aggravating factors considered).
Next Judge Grendell talked about several matters, mixing criminal complaints against two employees of the Juvenile Court and the ethics complaints. Judge Grendell said “they dropped one count.” Judge Grendell also mentioned that criminal charges had been filed against two of his court employees, but one case was dismissed and one individual was found innocent at a jury trial. Observer Note: See Maple Leaf article from November 22, 2022 here for information about these criminal charges, which were separate from the Ethics complaints to the Ohio Supreme Court. Count Two of the ethics complaint was dismissed. Judge Grendell said that the State Auditor found that “several things were not substantiated” and referenced the Geauga County Auditor paying bills for the Juvenile Court under protest. Observer Note: Auditor Walder had refused to pay some bills submitted by Judge Grendell due to insufficient detail. See July 14, 2020 Maple Leaf article for additional information about this long-standing dispute and Ohio Supreme Court opinion in Judge Grendell’s favor. The dismissal of Count Two of the ethics complaint presumably involved some of these disputes, but it was not included in the final Recommendation by the Board.
Judge Grendell said two of the charges in the ethics complaint were politically motivated and concluded, “When they couldn’t get me off the Court in 2020 and then all of sudden disciplinary charges were filed.”
Mr. Lennon asked who filed the charges. Judge Grendell responded that one filer was a “disgruntled litigant,” and the other filers were Geauga County employees.
Mr. Dvorak recommended they keep researching the matter before coming to a decision.
Mr. Lennon agreed and said they would double check with legal counsel. It was not stated which outside counsel would be researching this matter, Meyers Roman or The Dann Law Firm. Both have been hired as outside counsel by the Commissioners. Observer Note: The Chagrin Valley Times November 21, 2024 edition stated that it would be the law firm of Meyers, Roman, Friedberg and Lewis. Reporter Anastasia Nichols also quoted Prosecutor Flaiz to the effect that the Commissioners had not yet asked him about this matter.
The Commissioner's Office received approval for the following:
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To execute and initial the service Contract Agreement with Brilliant Electric Sign Company to provide labor, equipment, material and project management to erect signage in accordance with the quote, plus $1,500.00 for the acquisition by contractor of all necessary permits with all work to be completed within six months of November 19, 2024 in an amount not to exceed $60,550.00.
Mr. Lennon asked about where these signs would be located, and Mr. Morgan said they would be at Route 44 and Aquilla Road and they would be large, lighted signs.
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To appoint James Dvorak to the Transition Supervisory Board for the Aquilla Village dissolution, in accordance with O.R.C. 703.361(A)(1)(b). Observer Note: The residents of Aquilla Village voted this November to dissolve the village and to again become part of Claridon Township.
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To execute the Statement of Reason for Exemption from Real Property Conveyance Fee (DTE100EX forms) for the consolidation of parcels (airport property) in Middlefield Township and the Village of Middlefield. Observer Note: This was not discussed so no further information is available.
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To recognize two individuals on behalf of the Legal Aid Society of Cleveland, Judge Terri Stupica and Kimberly Barnett-Mills, for their commitment and outstanding work as volunteers with the Legal Aid Society of Cleveland. Mr. Morgan said that the Legal Aid Society will be having their meeting celebrating 119 years of service and Judge Stupica and Ms. Barnett-Mills will be honored at that time.
Public Comment
This Observer asked two questions - the name of the person appointed to the Aquilla Transition Supervisory Board (Mr. Dvorak as noted above) and the name of the Columbus law firm that submitted the $300,000 bill for Judge Grendell. Mr. Morgan said it was Johnson Montgomery, but court filings indicate that the actual name is Montgomery Johnson as included above.
Meeting adjourned at 9:50 am.
More Information and Posted Minutes: Available here.
Next Regular Meeting of the BOCC: The next BOCC meeting after this one is Tuesday, November 26, 2024 at 9:30 am.
Observer: Gail Roussey
Editor: Carol Benton
Reviewer: Sarah McGlone
Date Submitted: 11/22/2024
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