Geauga County Records Commission - November 27, 2023
Meeting Details: The Geauga County Records Commission (GCRC) met at 10:00 am on November 27, 2023 in Room A121 of the Archives and Records Center at 12611 Ravenwood Drive, Chardon, OH 44024. The Geauga County Microfilming Board (GCMB) convened its meeting at 10:32 am in the same space to conduct its own business and to enable the two public bodies to jointly consider 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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County Commissioner & Chair – Jim Dvorak
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Prosecutor - Jim Flaiz
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Recorder - Celesta Mullins
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Auditor’s Representative - Frank Antenucci for Charles E. Walder
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Clerk of Courts - Sheila Bevington
Archives & Records Center Staff Attendance:
Other Government Representatives:
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Assistant Prosecutor, Geauga Prosecutor’s Office - 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)
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Auditor - Charles E. Walder (virtual, without voting authority)
Minutes: Approved January 9, 2023 and July 12, 2023 meeting minutes in separate motions. One name correction was noted for the July 12, 2023 minutes.
New Business: presented by Mrs. Murphy
Approved:
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Pursuit of 2024 Go Green Grant
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Shred-Right LLC Contract
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Adding ADP Equipment Approvals to retention schedule
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Joint meeting with microfilming board on Jan 16, 2024 at 1:30 pm
Ratified
Tabled
Old Business: Legality of 2008 MOU
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, OAG 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 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 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.
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 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’ November 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 Microfilm Board members/reps plus Kristen Rine, Linda Burhenne and Pamela 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 16, 2024 at 1:30pm
Observer: Shelly Lewis
Editor: Anne Ondrey
Reviewer: Gail Roussey
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