Meeting Details: The Automated Data Processing Board (ADP) met in regular session on September 20, 2022 at 2PM in the Appraisal Office at 231 Main Street, Suite 1A, Chardon, OH. Virtual access was available via MS Teams. The Agenda was provided in advance. This observer attended virtually.
Board members present in person:
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Chuck Walder - Auditor/Chief Admin (via MS Teams)
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Joe Cattell - Engineer
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Scott Hildenbrand - Sheriff
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Celesta Mullins – Recorder
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Jim Flaiz - County Prosecutor
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Michelle Lane – Board of Elections, Director
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Nora McGinnis - Board of Elections, Deputy Director
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Caroline Mansfield – Deputy Treasurer, representing James Hickock, Treasurer
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Gerry Morgan - County Administrator, representing the County Commissioners
ADP Staff present in person:
Others present:
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Pam McMahon - Fiscal Office Manager
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Ron Leyde – Deputy Auditor
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Andy Haines – Deputy Auditor
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Velta Moisio IT Director Common Pleas
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Tom Huff IT Officer Common Pleas
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Scott Daisher – Board of Elections
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Katie Taylor – Engineer’s office
Sheila Bevington, County Clerk of Courts was absent.
The regular meeting was called to order at 2:00 PM.
Meeting minutes for June 10, 2022, July 20, 2022, August 2, 2022, and August 9, 2022, were approved. Reviewer Note: as of the Sep 29 publication date, all approved meeting minutes have been shared online.
The following were approved:
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ADP equipment list from July 1, 2022, to August 31, 2022.
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Approval of ADP purchases list from July 1, 2022, to August 31, 2022.
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Approval of ADP Untethered Labs Gatekeeper Tokens and Sensors.
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Approval of ADP Untethered Labs Gatekeeper Enterprise Annual Licenses.
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Approval of Auditor IWorQ Software Management and Support.
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Approval of Sheriff’s Office Kinetic Business by Windstream circuits for 911 ALI DataUpdated.
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Approval of ADP Multi-Factor Authentication and Password Policy. It was explained that this involves mandatory longer passwords.
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Approval of ADP updated price list.
The ADP Cybersecurity and Social Engineering Awareness Policy was approved as amended. Amendments concerned the request from the State Auditor’s office for increased educational training. ADP is going to simplify the training by year-end to provide to all departments.
The requested approval of ADP Electronic Door Access Controls Policy was tabled for more information. This would provide access to ADP for doors in the new county building and on the Square. This does not involve the Treasurer’s Office. It was suggested that all elected officials be taken out of the policy. Mr. Walder explained that there are two kinds of access depending on if it is server based or cloud based. Observer Note: As set forth in prior reports, the ADP had requested Cloud based for the new County building, but in fact it is a server based system. Mr. Walder also stated that if the server room is wired then ADP cannot relinquish control.
Galaxy key card system on the Square – no action taken on this matter.
Executive Session – not held however there was extensive discussion regarding the lawsuit filed by the Board of County Commissioners (BOCC) against three named defendants from ADP – Mr. Walder, Mr. Antenucci and Mr. Keener.
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Mr. Flaiz stated that he got an email last week that a large law firm was filing a lawsuit and asking for an injunction. He said the lawsuit took him by surprise and while reading the court filing, he noticed many inaccuracies. The purpose of the injunction was to give the Commissioner’s (BOCC) unfettered access to the data center. Mr. Flaiz represented ADP for the Emergency hearing held last week. He asked for a stay pending the outcome of the Supreme Court mediation. Judge Ondrey did not grant the Commissioner’s request for an injunction. The case resumes with another hearing on Wednesday, September 28th.
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Mr. Flaiz reminded the ADP Board that he had arranged for State Supreme Court mediation (which is free) but that the mediation had not started. There are several mediators who might serve and Mr. Flaiz said that the process, in general, uses others in similar positions (such as Commissioners from another county) so that the mediator will be familiar with issues at the county government level.
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Mr. FLaiz also stated that the Commissioners had hired attorneys from a large law firm which has lots of attorneys who could be involved in this litigation. The Prosecutor’s office has only limited time available to devote to this litigation due to all their other obligations.
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It was reported that the Commissioners might have added the ADP Board itself as defendants, in addition to the three named officers, but that has not been confirmed. If that was the case, then the Commissioner’s attorneys would have a greater likelihood of prevailing on their motion to remove Mr. Flaiz as the defendants’ attorney since he is also a member of the ADP Board. It was also pointed out that the Commissioners are also part of the ADP Board. It was reported that one of the first things that the attorneys for the Commissioners requested at the hearing was for the removal of Mr. Flaiz as counsel.
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Mr. Antenucci stated his opinion that it appeared that they wanted the three named defendants to be left without an attorney for the hearing. Because it involved his representation, Mr. Flaiz recused himself from the meeting at this point.
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The discussion continued, with Mr. Walder asking for a motion to appoint counsel to represent the three named defendants of ADP. The question was asked as to what would happen if Mr. Flaiz was removed. It was stated that the ADP Board would have to have an emergency meeting to appoint counsel but it wasn’t clear if this would be in sufficient time to allow counsel to be present at the hearing. Mr. Walder said that he had started looking at options for attorneys but that he had not taken any further action.
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No one seconded the motion to appoint counsel, so no action was taken on this matter. At this point, Mr. Flaiz will be representing the three named defendants on Wednesday, September 28th.
Public Comment – none
Next regular meeting: December 13, 2022 at 2PM
More Information about ADP: https://adp.geauga.oh.gov/
Minutes when posted are available here: https://adp.geauga.oh.gov/meeting-minutes/
Minutes are current through May 31, 2022
Virtual Meeting Information: contact Pamela McMahan at pmcmahan@gcauditor.com
Observer note: ADP meets in a typical conference room and mask use is not common.
Name of Observer: Gail Roussey
Editor: Betsy Kubbins
Reviewer: Shelly Lewis
Submitted 09/25/2022
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