Arnold, who represents Village Council member Gale Joy and former Council member Tammy Loch, argues McNamee is legally obligated to file a court injunction against the council to inhibit further abuses.
“(Ohio Revised Code) obligates you to bring an action to enjoin the council’s unlawful actions upon receiving a written taxpayer demand; this letter serves as that demand,” Arnold writes. “The village council’s ongoing abuse of power has disenfranchised voters and jeopardized village operations. These serious violations of Ohio law much cease immediately.”
In his letter, Arnold gave McNamee a deadline of Dec. 2 to file an injunction, adding that if he fails to do so, Joy and Loch will bring action on the village’s behalf.
McNamee and Interim Village Manager Rob Anderson did not immediately respond to a Dayton Daily News request for comment about the letter.
In the letter, Arnold cites multiple alleged infractions by village council, including removing duly elected members, preventing discussion of village business, approving unauthorized investigations, misusing budgeted funds, and improperly disciplining village employees.
“Specifically, the council unlawfully removed council member (Loch) based on her tax payment status, even though she was complying with a village payment plan,” Arnold writes. “The council has also stifled debate by declaring questioning ‘out of order’ and denying agenda requests, misappropriated funds to pay for an investigation the council never approved, and disciplined village employees in violation of the charter.”
Turmoil has continued to mount in New Lebanon since the March firings of top village officials, including Police Chief Curtis Hensley, Chief Financial Officer Phillip Hinson, Service Superintendent Scott Brock, and Village Manager Glena Madden. The village’s contracted Law Director Ron Keener was let go at that time, as well.
Arnold asserts council lacks authority to “discipline or direct” municipal employees.
“The council’s actions to suspend or discharge individuals by resolution were illegal, a direct usurpation of the manager’s authority, and a violation of the charter,” he writes.
Around the time of the firings, council also launched an internal investigation, to be led by McNamee, into the village and its dealings.
“The conduct of the special investigation is a blatant abuse of power,” Arnold asserts in his letter. “McNamee is acting simultaneously as special investigator, prosecutor, and law director for the village — a clear and unacceptable conflict of interest.”
McNamee and Anderson did not immediately respond to questions about the status of the internal investigation.
About the Author