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.
McNamee responded this week in a nine-page email to Arnold, obtained by Dayton Daily News, pushing back against the accusations.
In his letter to McNamee, Arnold cited 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.”
In his response, McNamee counters that Loch was not unlawfully removed from her position, claiming the council ordinance approving her removal was in accordance with state and village law.
In response to Loch’s claim about a payment plan, McNamee asserted neither the New Lebanon Charter nor the New Lebanon Codified Ordinances provide for any such plan.
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 asserted in his letter that council lacks authority to “discipline or direct” municipal employees.
But McNamee insists the firings, as with each of Arnold’s accusations, have aligned with the village charter and law.
Arnold gave McNamee a deadline of Dec. 2 to file an injunction against council, adding that if he fails to do so, Joy and Loch will bring action on the village’s behalf.
“... (T)he claims within your letter are legally and factually unfounded,” McNamee responded. “Therefore ... your request that I file an injunction against the village council is hereby denied.”
Joy on Friday said he and Loch are “in discussions with our attorney on the next steps.”
About the Author