An attempt to issue a request for proposals this week failed due to errors, kicking deliberations on the issue to Tuesday’s work session. The delay pushes an already-tight timetable for receiving bids and interviewing potential replacements past Schaeffer’s last day.
Schaeffer’s firm, which intends to re-apply for the contract without Schaeffer as director, has offered to operate on a month-to-month basis past Dec. 31, but council is divided on the terms of such an agreement, and Mayor Tom McMasters has declared his intention to veto any legislation awarding the temporary extension.
That means six of seven council members — excluding Ed Lyons, who recuses himself for an unspecified reason during each discussion of Schaeffer’s contract — would need to agree upon a temporary replacement or extension for Schaeffer to override McMasters’ veto threat.
“It would be acceptable if six members of council get together and hire (Pickrel, Schaeffer and Ebeling),” McMasters said. “If six don’t, I’m going to veto it. I don’t believe we’ve been represented well by Mr. Schaeffer.”
McMasters has suggested council could pick a different firm to temporarily represent the city without going through a request for proposals process.
“If we have to hire another qualified firm, it’s not the end of the world,” McMasters said. “Council has the authority to hire another qualified firm. It’s a shame they haven’t gone out to look for that firm.”
Schaeffer told the Dayton Daily News his firm has “an ethical obligation to fulfill our legal obligations to a client whether or not we have a contract, and we’re going to do that.”
“If we’re in the middle of providing legal assistance to them in a matter, in the middle of a contract or project that is an ongoing effort, we would expect to get paid for that,” Schaeffer said.
Other council members argue picking a firm other than Schaeffer’s to fill a temporary gap would be unwise, especially given the firm’s knowledge of city affairs at present.
“I’m not taking this personal, it’s all professional, and our goal should be to strive to hire the best firm for the taxpayers of Huber Heights,” said Councilman Mark Campbell, who said Pickrel, Schaeffer could cover the temporary vacancy.
“I believe common sense will prevail and Pickrel, Schaeffer will be hired on a month-to-month basis,” he said.
Councilwoman Nancy Byrge, who called McMasters’ stipulations “ridiculous,” agreed with Campbell.
“I truly believe and agree with Mr. Campbell that it is most efficient and cost effective to just keep PS&E on on a month-to-month basis until a new firm is hired,” she said.
Other council members have signaled they would agree to a Pickrel, Schaeffer extension with stipulations.
Vice Mayor Tyler Starline said any Pickrel, Schaeffer extension must have a sunset provision limiting the contract to two months. He also said Schaeffer himself could not be part of the extension for him to vote for it.
Councilman Glenn Otto said he is willing to “have meetings every day the rest of the year” to find a new law director and is also open to keeping Pickrel, Schaeffer on a temporary basis, also provided Schaeffer is not the temporary law director.
“I feel there has been a bias in Alan, and I feel it has shown over multiple issues,” Otto said. “I would like legal representation that goes right down the middle.”
Schaeffer survived an ouster attempt earlier this year. In July, Otto sought the attorney's departure - an effort that failed in a 3-4 vote after Lyons' recusal.
The relationship between Otto, Schaeffer and other council members has been rocky even before the members were elected last year. In October 2015, Schaeffer found Otto and then-council candidate Richard Shaw in violation of a city ordinance by using the city's logo on their campaign websites.
In June, Schaeffer asked the Ohio state auditor to investigate Shaw and Otto regarding their obtaining public records outside the established public records process. The auditor's office determined the issues "are resolved at this time" and considers "the matter closed."
A Vietnam veteran, Schaeffer earned a law degree from Ohio State University in 1973 and passed the state bar in 1974. He served as Moraine law director from 1995 to 2000. In November 2003, he replaced Huber Heights’ then-law director John Chambers after a four-month search by the city’s administrative committee, led by Campbell. He is also the Springboro law director.
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