Geauga County Microfilming Board - November 27, 2023
Meeting Details: The Geauga County Microfilming Board (GCMB) convened its meeting at 10:32am on November 27, 2023 in Room A121 of the Archives and Records Center at 12611 Ravenwood Drive, Chardon, OH 44024 and ran concurrently with the Geauga County Records Commission (GCRC) meeting, which had convened at 10:00am in the same space. The two bodies jointly considered the findings of OAG Opinion 2023-009. Virtual access was available via MS Teams. This observer attended virtually.
Public Comment: unknown policy, but historically permitted at end of meeting.
Board Attendance:
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Recorder & Chief Administrator/Secretary - Celesta Mullins
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Auditor’s Representative - Frank Antenucci for 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’s Representative - Caroline Mansfield for Christopher Hitchcock
Archives & Records Center Staff Attendance:
Other Government Representatives:
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Auditor - Charles E. Walder (virtual)
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Prosecutor - Jim Flaiz
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Assistant Prosecutor- Kristen Rine
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Assistant County Administrator, BOCC - Linda Burhenne
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Fiscal Office Manager, Auditor’s Office - Pam McMahan
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ADP Staff - Mike Dorka (virtual)
Minutes: Approved January 9, 2023 and July 12, 2023 meeting minutes in separate motions.
New Business: presented by Mrs. Murphy
Approved
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Replacement of densitometer at a cost of $976.50. This device provides a measure of microfilm quality. Purchase has been approved by ADP
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Change in vendor to US Imaging to address quality issues
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Statutorily mandated meeting set for Jan 8, 2024 at 9am
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Joint meeting with records commission to be held on Jan 16, 2024 at 1:30 pm
Old Business: Legality of 2008 MOU Between Recorder and Commissioners
Background: The Microfilming Board asserted in its July 12, 2023 meeting that the November 18, 2008 Memorandum of Understanding between a former County Recorder and County Commissioners is invalid. The MOU in question transferred statutory duties of the Microfilming Board and Records Commission to the County Commissioners, who then provided these services as The Archive Center. More details are available in the Observer Reports for the July 12, 2023 meetings of the Records Commission and Microfilming Board.
The Geauga County Prosecutor’s Office subsequently sought an opinion from the Ohio Attorney General on the question of whether and how the statutory duties of the records commission and microfilming board may be delegated to another public body.
OAG Findings: In Opinion 2023-009 dated October 4, 2023, Ohio Attorney General David Yost opined that the duties of the Records Commission, Microfilm Board and County Recorder, as chief administrator of the Microfilming Board, may not be delegated to the County Commissioners. Mr. Yost further stated that under the provisions of ORC 307.847, in lieu of a Records Commission and Microfilming Board, County Commissioners may opt to transfer records and microfilming management duties to the County Automatic Data Processing Board.
Discussion:
Mr. Flaiz stated that the 2008 MOU is effectively void, as the OAG’s findings clearly state that duties of the Records Commission and Microfilming Board cannot be delegated to the County Commissioners and that these duties may only be delegated to the County Automatic Data Processing Board. Mr. Flaiz said that the county commissioners must decide how to respond to the OAG’s Opinion. He presented three scenarios:
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Eliminate the Microfilm Board and have all county departments manage their own microfilming
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Transfer microfilming and records management duties to the ADP Board under ORC 307.847
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Run the Microfilm Board as specified in ORC 307.804 , where the County Recorder acts as chief administrator overseeing staffing and operations.
Reviewer Comment: At the BOCC meeting of November 28, 2023, BOCC approved sending resolutions to the Prosecutor’s office that relate to the Microfilm Board.
Mr. Walder stated that from a taxpayer’s perspective, it makes sense fiscally for ADP to manage these services. Noting that he has spent 5 years pursuing resolution to a similar issue with the County Commissioners, he stated it was improbable that they would transfer authority to the ADP Board.
Mrs. Burhenne indicated she has discussed the situation with each commissioner and believes Mr. Walder is correct to believe services will not be transferred to ADP. She stated the primary concern is to protect the current employees and opined that the commissioners have indicated a willingness to consider change.
Mr. Dvorak said he wants to get this out of the commissioners’ hands.
Mr. Flaiz stated he heard one of the commissioners refused to acknowledge the OAG’s findings.
Mrs. Burhenne inquired how complicated it would be from a budget perspective to address the issue. Per Mr. Walder, all of the needed accounts exist in the current accounting framework. Funding could be done through a supplemental appropriation.
Action Taken
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After further discussion, it was eventually agreed that the Microfilming Board and Records Commission would pass identical resolutions acknowledging the findings of OAG’s Opinion 2023-009 and the conclusion that the 2008 Memorandum of Understanding is void.
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Mrs. Burhenne will complete a Request for Action, which is the mechanism for being added to the County Commissioners’ meeting agenda. She hopes to address this matter during the commissioners’ December 5, 2023 meeting.
Executive Session - at 11:38 am the Records Commission entered executive session to consider the appointment/employment of an employee under ORC 121.22(G)(1). Invited into the Executive session were the Microfilming Board members/reps plus Ms. Rine, Mrs. Burhenne and Ms. McMahan.
Public Comment: This observer inquired whether the Microfilming Board had formally requested a response from the County Commissioners.
Adjournment: Mr. Flaiz stated no action would be taken following the executive session and this observer left the meeting prior to adjournment.
Next meetings: Jan 8, 2024 at 9 am and Jan 16, 2024 at 1:30 pm
Observer: Shelly Lewis
Editor: Anne Ondrey
Reviewer: Gail Roussey
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