Geauga County Microfilming Board - July 12, 2023
Meeting Details: The Geauga County Microfilming Board (GCMB) met in regular session at 11:00 am on July 12, 2023 in Room A121 of the Archives and Records Center at 12611 Ravenwood Drive, Chardon, OH 44024. Virtual access was available via MS Teams and the agenda was provided in advance. This observer attended virtually.
Background:The Board of County Commissioners (BOCC) currently manages both microfilming and document management functions through the Archives and Records Center. It claims authority for document management under ORC 149.38 which also permits them to employ either an archivist or records manager. They claim operating and hiring authority for microfilming operations under a Memorandum of Understanding (MOU) dated November 18, 2008 between the Geauga County Recorder and the BOCC.
The current elected officials who serve on the Microfilming Board contend that the MOU cannot override statutes and therefore was never valid. They assert authority for providing microfilming services under ORC 307.802. They further assert that ORC 307.804 authorizes the County Recorder, as Chief Administrator of the Microfilming Board, to employ a deputy and other staff as necessary to provide microfilming services.
In recent months, BOCC made numerous staffing decisions at the Archives and Records Center, including appointing an Interim Director, hiring an Archives Administrator, hiring a Clerk and upgrading a position to Archives Supervisor. Neither the Microfilming Board nor its Chief Administrator had any role in these decisions.
Public Comment: unknown policy, but not solicited during this meeting.
Board Attendance:
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Recorder & Chief Administrator/Secretary - Celesta Mullins
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Auditor - Charles E. Walder
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Clerk of Courts - Sheila Bevington
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County Commissioner – Jim Dvorak
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Treasurer - Caroline Mansfield for Christopher Hitchcock
Archives & Records Center Staff Attendance:
Other Government Representatives:
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Prosecutor - Jim Flaiz (arrived a few minutes late)
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Assistant County Administrator, BOCC - Linda Burhenne
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Chief Deputy Administrator, ADP - Frank Antenucci
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Fiscal Office Manager, Auditor’s Office - Pam McMahan
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Chief Compliance Officer, Auditor’s Office - Kate Jacob (virtual)
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ADP Staff - Josh Widdiefield - (virtual)
The meeting was called to order at 9:01 am by Ms. Mullins.
Minutes: January 9, 2023 Combined Microfilm Board/Records Commission Meeting were initially approved without edits. Later in the meeting, this motion was rescinded and staff was instructed to correct and separate the minutes for consideration at the next meeting of each public body. See discussions below re: October 19, 2022 minutes.
Staff Update: Ms. Wilson reported they are very pleased with the new employee Jeffrey Vaji, who was hired in early May. They now have 3 staff available for scanning, have created a mailroom at the new location and are making progress on the backlog of documents.
Discussions:
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Hiring Decision: Mr. Walder inquired about the process for interviewing and hiring Mr. Vaji and noted that under ORC 307.804, Recorder Celesta Mullins has authority to hire a Deputy and all staff necessary for running the county’s microfilming services. Ms. Mullins indicated she was not involved in the hiring process.
Mrs. Burhenne stated that the Microfilm Board has never been involved in hiring decisions at the Archives Center and that those decisions are made by BOCC.
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January 9, 2023 Minutes: Mr. Flaiz noted that the minutes referred to Ms. Mullins as the Chair of the Microfilming Board, which is incorrect. Per statute, she is the Chief Administrator and Secretary. He recommended rescinding the earlier motion approving the minutes to allow for correction and also to separate the combined minutes into the separate entities.
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October 19, 2023 Records Commission Meeting: Mr. Walder noted that this meeting lacked a quorum and should not have been held, per Sunshine Laws. He also expressed frustration with minutes being presented to the Board for approval 8 months after the meeting.
Mr. Flaiz stated that an MOU doesn’t “trump” the Ohio Revised Code. His office has examined the MOU and believes it is unlawful. He said he would normally write an opinion himself but felt this was a futile exercise, as County Administrator Gerry Morgan “rejects all of the opinions I give.”
Mr. Flaiz said he had held off requesting an opinion from the Ohio Attorney General due to the pending BOCC litigation against ADP. Per Mr. Flaiz, the OAG would likely refuse to provide an opinion while active litigation was ongoing. As the lawsuit has been dropped, he will move forward. He is very confident that the OAG will find the MOU to be unlawful.
Mr. Walder referenced a previous lawsuit where Mr. Morgan took action against members of his staff. He is concerned something similar could happen again.
Mrs. Burhenne stated this has nothing to do with Gerry Morgan. She insisted she carries weight with the BOCC and can convince the Commissioners to consider an OAG opinion.
Mrs. Bevington requested that a special meeting be called when the OAG opinion is received.
Action Taken: the board ratified purchase of a high volume scanner that was approved by the ADP Board.
Public Comment: None solicited.
Adjournment: The meeting adjourned at noon and was immediately followed by the meeting of the Records Commission.
Observer: Shelly Lewis
Editor: Anne Ondrey
Reviewer: Gail Roussey
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