BUCKEYE LAKE − The mayor and solicitor sparred over billing practices, a resident called the mayor “an embarrassment” and council asked for calm during the “turmoil” of a mayoral recall election campaign.
That was the scene at Monday night’s Buckeye Lake Village Council meeting, when Mayor Jeryne Peterson continued in the center of the storm heading toward a Feb. 27 special election, when residents will be asked if they want to remove Peterson from office.
Solicitor Brad Nicodemus addressed the mayor’s allegations that he improperly billed the village for hours he did not work and had an exchange with the mayor:
More: Buckeye Lake voters may decide in special election if mayor should be removed from office
“The allegation is I billed incorrectly and billed for time I haven’t done,” Nicodemus said. “What day and time is alleged to be inappropriate?”
“There were a couple places,” responded Peterson, who accused Nicodemus of billing the village for a conversation she says the two of them did not have. “It says someone else plus the mayor, and I didn’t have any conversations with you.”
“I understand that. It doesn’t mean I haven’t had any correspondence from you,” Nicodemus said. “I can look at my emails.”
“You always have an answer, don’t you? You try to, don’t you?” Peterson replied.
“I have the truth,” Nicodemus said.
“So do I,” the mayor responded.
Council President Linda Goodman said she has no reservations about the solicitor, whom the mayor tried to fire last year, pursuing his dismissal or resignation ever since.
More: Buckeye Lake mayor endures censure, no-confidence vote, complaints, calls for resignation
“Considering your position, that as mayor of the village of Buckeye Lake I do not have the authority to terminate your contract with the village, however I am asking for your resignation as village solicitor and prosecutor,” the mayor wrote in a Dec. 2 letter.
“I have lost confidence in your ability to represent the village. … I ask that you cooperate with newly appointed counsel to ensure that the transition goes smoothly, and village legal matters are protected.”
Contrary to the mayor’s Dec. 2 admission she could not terminate Nicodemus’ contract, she sent the solicitor the following letter on Jan. 8:
“Pursuant to the powers granted to me as mayor under the village of Buckeye Lake Charter Section 6.06, you are hereby terminated as village solicitor, effective immediately.”
The first sentence of Section 6.06 states, “Prior to the creation of a Department of Law, the mayor shall appoint, pursuant to a contract with an individual attorney or law firm, and the council shall confirm, by a majority vote, such person or firm as legal advisor.”
The mayor has continued to try to hire another law firm to represent the village, Goodman said.
Peterson did not respond to an Advocate email asking her if the solicitor has answered her billing questions and why she tried to fire him again after failing previously.
The council president said she sees the solicitor’s financial report twice a month and a breakdown of invoices every month. Nicodemus distributed his billing reports to council members at the meeting.
Asked if she has any concerns about the solicitor, Goodman responded, “I have none. I’ve seen nothing out of line on his billing and what we’re paying him. His rates are not going up.”
Goodman said the village is paying Nicodemus more simply because he is needed more due to so many things happening in the village.
Nicodemus is also law director in other communities, including Whitehall, but Goodman said he has always found time for Buckeye Lake.
“I can base it on the last four years I’ve been on council, and he’s been a solicitor,” Goodman said. “It has not been a concern to this point.”
Peterson said Nicodemus doesn’t understand the “strong mayor” form of government where the elected mayor has executive powers over almost everything, including his dismissal.
The mayor said she entered into a contract for law firm Freeman Mathis and Gary to replace Nicodemus, but Paul-Michael LaFayette, a partner with the law firm, said Peterson had no authority to enter into the contract without approval of village council.
Goodman said the mayor does not have the unilateral authority to fire the solicitor. Council voted last year against the firing and tabled a mayoral proposal Monday night to hire Freeman Mathis and Gary.
“The charter states with the consent of council, and council has not consented to terminate Brad,” Goodman said.
Peterson also filed a complaint against Nicodemus with the Ohio Office of Disciplinary Counsel, a branch of the Ohio Supreme Court.
Buckeye Lake resident Shelly Myers scolded the mayor during time for citizen comments at the meeting.
“Jeryne, shame on you,” Myers said. “When you ran for mayor, your propaganda said, ‘no personal agenda — community first.’ Just because you were elected, that’s not the finish line. That’s not when you can do whatever you want. You must be held accountable for your actions or lack therof.”
Myers said the mayor only communicates through attorneys, does not follow standard rules and guidelines and always blames others.
“In your role as mayor, it’s an embarrassment in our village,” Myers said. “Instead of looking long and hard in the mirror and reflecting on how you got here, the last thing you are doing is anything positive. You are not walking the talk of your campaign — community first.”
Last summer, the mayor endured complaints from village employees, censure and no confidence votes from council and a fight with the solicitor. Employees and council members described a mayor who avoids communication, exhibits unprofessional and unpredictable behavior, makes rash decisions and is prone to take retaliatory actions against those who question her choices.
Council member John Lemmon cautioned residents about their words and actions leading up to the recall vote.
“We’re going to have a lot of turmoil in the next month,” Lemmon said. “I just hope everyone tries to be careful what you say in public and what you send out in emails. Personal attacks are just wrong.”
Goodman said, “Everybody, hold your head up high and act like who your momma raised. This is a citizen initiative, and the citizens have every right to do this.”
740-973-4539
Twitter: @kmallett1958
This article originally appeared on Newark Advocate: Buckeye Lake solicitor defends billing; mayoral recall vote Feb. 27
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