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Is Adena going to Hell in a handbasket?
Since the majority (4) of council have made it "personal," I have refrained from writing about issues involving me.
Here are the reports of local journalists. |
|
Is Adena going to Hell in a handbasket?
Since the majority (4) of council have made it "personal," I have refrained from writing about issues involving me.
Here are the reports of local journalists. |
ADENA THIRD police chief in months is off the job for good but the mayor's court clerk apparently remains in limbo.
An ongoing dispute between Mayor Ray Jeskey and several council members about Chief Joe Irwin abruptly ended last Tuesday when Irwin received a pink slip for inefficient performance and complaints of lacking police presence, Jeskey said changes would occur. Talk first arose when council questioned renewing two levies, one of which is a 3-mill police measure, on the November ballot.
If you have a police levy, you need to have a policeman work more than once a month, said Malin. There are people not getting [police protection]. Once a month is not enough.
Councilman Jim Horton said without a police levy, the department would have to be financed through the general fund. The levy discussion was tabled and Jeskey asked for an executive session for personnel matters, but Konkoleski said people should hear the discussion.
Jeskey said there had been an ongoing issue with Irwin since February. Irwin's employment drew comments from council members who insisted they terminated him at a prior gathering, stemming from an imbroglio over Irwin's treatment of Konkoleski and Nancy Malin that almost led the officer to file misconduct charges. Despite repeated calls to fire him, Jeskey kept Irwin on the job claiming it was a mayor-appointed position and council members had been harassing the officer.
But as residents complained Tuesday about criminal activities and an apparent lack of police presence, Jeskey said changes were coming.
We need a police officer here, he said. I appreciate the fact that Joe has another job to work. I feel its just to let Joe work his present job. I was disappointed about [getting complaint calls] and we need somebody here to deter it. I think his work has been inefficient and its time to make a change.
Jeskey reviewed applications from other prospects, including Todd Walker of Hopedale. He said Walker had his physical and met other requirements and suggested trying a six-month probationary period. Walker presently serves as a sergeant on the Amsterdam police force and has volunteered in Bergholz, Smithfield and New Athens. He answered questions from council and said he would be available when needed.
I was in the academy in the 80's and got back through two years ago, he commented. I've always been involved somehow, someway.
Malin noted that police are needed in light of the vandalism and four-wheeler complaints, especially at nighttime. Leaders also received a resume from Robert Walton of Martins Ferry and hoped to interview both men later that week.
Jeskey said a letter detailing Irwin's termination should be written and the chief's departure would occur immediately.
You'll have time to appeal and well go from there, he said. I'm sorry, Joe. I stood up for you.
The mayor added it was hard to relieve someone of duty and Irwin was equally dismayed.
Everybody here has two jobs, Irwin replied. I have worked in Belmont County for nine months and was chief for seven months. I've also asked you and council [for help]. It's hard to run the department with one man and two professions.
He added that he has been training to become a certified EMT and was set to lose his deputies job in Belmont within days.I always got the general impression that people liked my work. How is it for me to work when I can't get help from you guys?
I appreciate all that you do and try to do, Jeskey responded.
I'll be laid off in the next 24 to 48 hours. Nobody ever took that into consideration, and Irwin countered, saying he would have been available more often in Adena. I was going to put my 24 hours in here. How many chiefs have you gone through in the last few years? How unprofessional is it to get a phone call to turn in your badge?
You only showed up when you felt like it,Malin claimed. We need you when we need you.
Councilwoman Shirley Bednarski said the panel was obligated to the taxpayers. Following more discussion, Malin requested the key to the police department. Irwin agreed to hand it over and walked out of the meeting. Village Solicitor said the decision was difficult but lauded Jeskey for doing somewhat was best for the village. The remark was met with applause in the crowd.
Meanwhile, the position of mayor's court clerk appears to remain up in the air. Konkoleski addressed a recent vote to remove Carol Bednar and combine the post with that of the village clerk-treasurer. He said he was permitted to vote while acting as president pro tempore and the decision stood. Council previously voted 4-2 to pass an emergency ordinance rescinding a 1994 regarding mayor's court. In the code, a separate court clerk's position was established and held by Bednar. For months, council has sparred over removing Bednar and several leaders most recently wanted to combine the job with village Clerk-Treasurer Gary Dulkowski's position. As part of his additional duties, Dulkowski would receive a $500 stipend.
While some of its supporters said it was a money-saving issue" Bednar was paid more than $1,700 annually-- Jeskey has claimed it was political. Additionally, Dulkowski had second thoughts about the extra duties and has said Bednar had more experience.
The panel initially agreed 3-2 to rescind the 1994 code, but some debate ensued over voting. Horton had read Ohio Revised Code laws stating that a two-third's vote was needed to pass the measure. It would take four people in a full quorum of six to cast a decision, and with Konkoleski helming the session he could not choose. He maintained that stance last week.
She (Solicitor) sat here for two meetings and said you couldn't vote, said Horton said, and nobody challenged her on it. But other officials provided documentation from Bench, who by then had left the meeting, indicating Konkoleski still held voting power.
According to correspondence from the solicitor, the president pro tempore of a village legislative authority retains his right to vote on all matters as a member of the council while acting as the presiding officer of a council meeting when the mayor is absent from the meeting.
The vote stands, said Councilwoman Billie Stanwick, but officials later said it should be reviewed further.
SOME ADENA leaders want to replace a police officer they may or may not have, while their pick for mayor’s court clerk is having second thoughts.
Council continued to debate intentions to oust the current police chief and court clerk, fueling an ongoing war of words between several members and Mayor Ray Jeskey. After a local radio program apparently announced the acceptance of applications for the police chief’s position, several entries were submitted. A current Martins Ferry police officer attended Tuesday’s session to make his pitch for the post.
Robert Walton’s impressive resume included 20 years with the U.S. Navy, where he honed tactical and leadership skills and participated in escorting convoys, plus law enforcement work in Bridgeport and Martins Ferry. He told officials he was willing to work around his current full-time schedule on the city police force and assist Adena.
However, Jeskey maintained that current Chief Joe Irwin still held the spot but did ask that another officer be hired to help him. Irwin’s employment drew comments from council members who insisted they terminated him at a prior gathering, stemming from an imbroglio over Irwin’s treatment of members R.J. Konkoleski and Nancy Malin. Konkoleski previously said he approached Irwin, who was apparently patrolling with a cadet, and he and Malin asked if the chief had a waiver for the ride-along. Konkoleski claimed Irwin became belligerent and threatened to arrest them for misconduct. Despite repeated calls to fire him, Jeskey has kept Irwin on the job saying it was a mayor-appointed position and claiming council members had been harassing the officer.
When asked how he came to apply, Walton said he heard it on the radio. Village Solicitor Rebecca Bench allegedly commented on the “Bloomdaddy Experience” radio show that Adena was always open to accept applications. “At our special meeting, we voted 4-2 not to have Mr. Irwin for police chief,” said Councilwoman Billie Stanwick. “I think council’s open to having a police chief.” “That meeting shouldn’t have taken place,” Jeskey replied. “By law, that meeting should not have happened.”
Councilman Jim Horton asked Bench if the panel had the authority to hire an officer, to which she replied she had to review village codes. Officials asked if Irwin had been on duty; Jeskey said he was patrolling as recently as that Monday evening.
Konkoleski asked Walton why he wanted to serve Adena, to some laughter. Walton responded that he came from another small town—Bowerston—and he wanted to help another small community. “I think I have a lot to offer,” he said. “I don’t play politics. I don’t like to be pushed or slighted to do things I don’t like. From what I hear, this community hasn’t had [police presence] in a while.”
Malin asked Walton if he would threaten to arrest officials who questioned him about waivers for cadet ride-alongs; other officials also posed a “hypothetical” asking what he would do if he stopped the mayor’s relatives for a traffic infraction. Walton responded that he would do his job.
“Wrong is wrong and right is right,” he said. His responses impressed council and audience members. Resident Brenda Roski, who had addressed the need to clean up the town, voiced her support for the candidate. “He said he understood ordinances and enforcement. I’m highly impressed with him,” she said.
Amid further debate over Irwin’s status plus discussion over a second application, Jeskey said he might conduct a special meeting on the subject. Meanwhile, council voted 4-2 to pass an emergency ordinance rescinding a 1994 regarding mayor’s court. In the code, a separate court clerk’s position was established and has been held by Carol Bednar. For months, council has sparred over removing Bednar and several leaders most recently wanted to combine the job with village Clerk-Treasurer Gary Dulkowski’s position. As part of his additional duties, Dulkowski would receive a $500 stipend. A first reading was scheduled on Tuesday, but Stanwick wanted to adopt it instead.
While some of its supporters said it was a money-saving issue (Bednar was paid more than $1,700 annually), Jeskey claimed it was political. “Saving money is one thing,” he said. “I’ve had a clerk of court for 10 years and she was never offered the same money you offered Mr. Dulkowski. With the rescinding of this ordinance, this is political power for political gain. I don’t think it’s right.”
But Dulkowski was rethinking his ability to do the work, saying Bednar had more experience. “I’m not sure if it’s going to save a whole heck of a lot of money. I have to go to Columbus to train and my time is limited as it is,” he said. “From my viewpoint, I’m probably going to make a lot of mistakes. I’m having second thoughts. I’m not sure it’s such a good idea. We’ve already paid the current clerk to go to Columbus and be registered.” Konkoleski asked why the village paid Bednar’s mileage, while other leaders wondered if mayor’s court was even held. Jeskey said court has been taking place. Stanwick said the code was to be an emergency ordinance, while Bench believed it was meant for three readings. But during the March session, Stanwick asked if it could be passed by emergency and Councilwoman Shirley Bednarski said three readings could be held if there were no mayor’s court sessions. Council agreed then to discuss the matter at the April meeting. On Tuesday, Bednarski said mayor’s court had not been held for years and Bench asked if council wanted her to revise the ordinance.
Malin, Bednarski, Stanwick and Konkoleski agreed to the revision, while Horton and Councilman Terry Marshall opposed. Horton claimed there was not enough votes to pass the code but officials said only four decisions were needed. The same votes were given to ultimately approve the measure. Roski then questioned how council could alter Dulkowski’s duties. Officials responded that it was legal and other villages have joined those positions. “I’ve expressed my opinion that there is already a person with expertise,” Dulkowski quipped. “I’m afraid I’m going to screw it up, but I don’t have a vote.”
In other matters, he mentioned a mystery resolution that called for council members to stop fighting and work together. The code, which was anonymously delivered to his office, refers to “selfish, immature acts of every official within the village government” and asks leaders to pledge to become more upstanding representatives. It further seeks more open, honest communication and for leaders to not leak information to local media, be it true or untrue. “Please step up and pledge to change your ways,” it concludes. Konkoleski said he supported the measure, except for the line regarding untrue information. “The truth is the truth and I don’t think there should be any secrets here,” he said
“It was publicized that mayor’s court [was to be held] in January, February and March. My suggestion would be to eliminate the position. When we see there’s mayor’s court we can create an ordinance and give the duties to Gary,” said Council President R.J. Konkoleski. He added that the decision was financial and would save the village more than $1,200. The court clerk’s post was hourly and paid more than $1,700 for the year. The issue had been a source of debate among council and Jeskey, who fought to keep present court clerk Carol Bednar on board. Both have already undergone training in Columbus to be certified and Jeskey wanted to hold court in March. He was absent from Tuesday’s session, and council opted to rescind the code creating the prior court clerk’s position and merge it with Dulkoski’s post.
Councilwoman Nancy Malin said no court has been held but Bednar was still getting paid, although her job was eliminated at the beginning of the year. According to sources, court was considered open once Jeskey and Bednar were certified. The panel agreed 3-2 to rescind the 1994 code, but some debate ensued over voting. Councilman Jim Horton read Ohio Revised Code laws stating that a two-third’s vote was needed to pass the measure. It would take four people in a full quorum of six to cast a decision, and with Konkoleski helming the session he could not choose.
“To pass the ordinance, it takes four votes at [the final reading in] council,” Horton said. At one point, he noted that nothing was voted on regarding Bednar’s job, so no elimination occurred.
Councilwoman Billie Stanwick asked if it could be passed by emergency; Councilwoman Shirley Bednarski said three readings could be held if there were no mayor’s court sessions. Following more discussion, council agreed to discuss the matter at the next meeting. But an apparent lack of safety forces had officials wondering what was up. Council had agreed that evening to increase the village officer’s hours from 18 to 24 but said no one has been on the beat.
In the midst of talks, resident Roger Wallace questioned a lack of police presence in the village. Wallace said he and his neighbors have contended with a barrage of ATV’s and dirt bikes on their properties and streets, but every time he tried to contact authorities no one answered the phone. “We’ve tried to put up with the four-wheelers and three-wheelers. One was just down on the grass and sidewalks. Do we or do we not have a police department?” According to council, Police Chief Joe Irwin last reported for duty on Feb. 22 but hadn’t been seen since. Another battle has been waging between several council members, the mayor and police department over an alleged incident last month involving Konkoleski and Councilwoman Billie Stanwick. At that time, the council members said Irwin threatened to arrest them and sought his termination. They also questioned whether he was hired as a law enforcement official for the village, but Jeskey sided with the officer and claimed council harassed him. No charges were reportedly filed in the incident at this time and Irwin remained on duty, at least as of February.
Konkoleski, who led the meeting in Jeskey’s absence, told Wallace to contact the mayor. “[Jeskey] eliminated the police committee,” Councilwoman Nancy Malin said. “He wants sole charge of the police, so you have to call him.” The panel also recommended calling the Jefferson County Sheriff’s Office. “I had someone try to come to my house to sell me stolen firearms. Who do you call,” Wallace queried, alleging the JCSO told him to handle the situation. “The sheriff’s department told me to ask them myself to stop. I tried to flag down a kid on a dirt bike. They ran through my yard.” He added that matters have escalated and bikes have gone onto church property.
“We’ve been putting up with it throughout town,” added another resident. “You holler and they laugh at you.” Konkoleski noted the money spent on police, yet no one apparently was working. Dulkoski said Irwin last worked in late February and had yet to provide a time slip. “Tell the sheriff you don’t get a response from Adena Police,” Councilwoman Shirley Bednarski told Wallace.
The News-Herald contacted Irwin Wednesday and he assured that he indeed was on the job during nights and weekends. He also has a citation pending for the upcoming mayor’s court. “I’m still on duty,” he said, adding that his main post has been on a full-time/part-time basis in Belmont County. “I work five days a week and the last two weeks were on-call. I have no cell phone service in Adena to get a hold of me [in emergencies].” Irwin said he would love to add to the current one-man force, but so far he hasn’t been allowed. With the increase in hours and extra money available, he might broach the subject again. “It’s hard doing it by myself,” he said.
2/17/09 By AMY GAREIS
News-Herald Staff Writer The "Is He or Isn't He" debate over the employment of Chief Joe Irwin continued at the Feb. 17 regular session amid a full audience. Mayor Ray Jeskey maintained Irwin was tapped for the top cop post in January but some council leaders contended that was not the case. The squabble follows an apparent brouhaha earlier this month in which Council President R.J. Konkoleski and Councilwoman Billie Stanwick made complaints against Irwin for alleged misconduct because the chief threatened to file charges on them.
Jeskey stormed out of a Feb. 2 special meeting the council members had called concerning the incident and Konkoleski, Stanwick and council members Shirley Bednarski and Nancy Malin wanted the cop terminated. However, the mayor sided with Irwin and refused to let him go.
"The reason I walked out [of the special meeting] is I wasn't prepared for it," he said. "I don't think the meeting should have took place. There's a lot of, I feel, bad publicity for the village. It wasn't called for."
Jeskey had said he hired Irwin as chief with council's permission after leaders fired police officer Ben Swoyer late last year. But some council members debated the decision, saying they did not approve him for the post. Irwin and Swoyer had worked under former Police Chief Brian Driscoll as of September, but Driscoll resigned and moved on to patrol New Athens while Irwin briefly left his duties but later returned.
Konkoleski and Stanwick provided written complaints to the media claiming that Irwin was hostile and threatened to press charges after Konkoleski asked about another person riding in the patrol car. Since Jeskey was working at the time, Konkoleski said he was acting mayor in that capacity and confronted Irwin. He claimed the officer became hostile and refused to provide the councilman with information. Instead, Irwin allegedly told him to leave or face charges for disorderly conduct and obstruction of justice. Konkoleski said Irwin's actions were out of line, so he asked Stanwick to join him as a witness to further conversation at the police department. Both of them claimed that Irwin refused to cooperate and said he only answered to the mayor. Officials said the officer was being advised by phone to arrest them if they did not leave.
Jeskey said the passenger was a trainee ride-along and a liability waiver had been given.
"He is our chief of police with your consent. I think he'll do just fine," the mayor added. "The TV interviews say we don't have a cop, and we do."
He mentioned the need for law enforcement at various times because of recent criminal activities. Jeskey discussed a break-in at the P&M Restaurant and a suspected arson that both occurred over the past three weeks. His hope was to eventually add another officer to the roster as funding allowed. He planned to restart his Mayor's Court in March to help raise funds through fines.
But Konkoleski and Stanwick insisted Irwin was disrespectful towards them and r was the source of three separate grievances. Jeskey said one matter involving a resident was a civil issue and he was not considering any action.
"Haven't you had complaints about the way he talks to the public," asked Bednarski.
"I've had complaints about the way you've talked to people," Jeskey retorted. "Give the guy a chance. Treat him with respect and courtesy. I want to make sure this issue is resolved and everybody is aware we do have a chief of police."
But Konkoleski was among those who believed their complaints were falling on deaf ears.
"You are sticking up for him and it's a shame," he said.
"We are elected officials like you and deserve respect," Bednarski added.
Stanwick asked whether Jeskey authorized Irwin to file charges against her and Konkoleski for trespassing and obstruction of justice through his court clerk, Carol Bednar. Jeskey said no, but were they sure
Irwin actually contacted Bednar.
"Then Carol lied," she said.
"You were badgering the boy," he said. "Let him do his job,"
Jeskey questioned the special meeting council members called, adding the issue was not handled correctly and he would deal with police matters since the chief's post was an appointment. Konkoleski said officials wanted to know if their grievances would be investigated. Stanwick said it was Jeskey's duty to take some action.
"I'm not going to do it because I don't think he was in the wrong," Jeskey replied.
"You're telling us you are not going to address complaints," Stanwick asked. "If a citizen comes up to you with a complaint, will you blow it off?"
Endless debate ensued over what occurred in January when Irwin took the helm. Konkoleski questioned why the chief's position was advertised when it was already filled, while Stanwick also queried as to why the police committee was abolished.
"You ran two of them out of town," Jeskey told her. "You send letters telling them to resign. I shouldn't have signed them. It's not easy to get an officer down here."
Some members noted that council never supported his hiring and asked Village Solicitor Rebecca Bench whether giving consent was the same as a vote. Bench said she could not answer that question because nothing was ever explained on it under Ohio Revised Code.
"That issue's never come up before. I've pulled cases and nothing's ever mentioned about consent," Bench responded, saying any consent need not be in writing.
Stanwick asked whether discourteous treatment of the public, malfeasance and complaints of charges were grounds for Irwin's removal. Bench replied that a police chief must pass a physical within a certain period of time, as well as a 60-day probationary period. Some officials questioned the lack of physical, but the News-Herald was informed that no police chief had a requisite physical as far back as 2000.
"The council and mayor have a standoff on this issue," the solicitor said. "The Ohio Revised Code doesn't define consent as a vote."
She added that perhaps Irwin could have shown officials a copy of the waiver, yet Jeskey found no validity in the council members' complaints.
"We've been threatened by this man," Konkoleski said. "Where do we go from here?"
He later asked if he should obtain an attorney and file some action. Jeskey asked if it was valid for Konkoleski to deem himself acting mayor in an attempt to fire the chief.
"Every time I go to work [you think] you can be mayor," he asked. "As far as I'm concerned, he's chief of police."
He said he would look into the charges and talk to both sides but believed just cause must be shown for discharge. Konkoleski said he filed his complaint and it went unheeded.
"I gave you my complaint three weeks ago," he said, after Jeskey noted he hadn't read it. "You didn't do anything with it."
"You really don't care, Ray," Stanwick added.
The council president also wondered if there were liabilities if the procedure wasn't followed.
"How is he paid," he asked.
"By check," Jeskey responded, drawing snickers from the audience.
Councilman Jim Horton said the panel had given consent but the issue is hitting a brick wall.
"He's not going to budge and you're not going to budge. We should just move on," he said.
In related matters, clerk-treasurer Gary Dulkoski said there would be room in the general fund to provide $4,000 to $5,000 for police operations. Meanwhile, Malin asked why the police department was moved from the community center building to the smaller village office across the street. Jeskey replied it was too cold in the larger building. Officials sought financial costs for the relocation but none were available at the meeting.
"I thought council voted not to move the police department across the street," she said.
"I don't know why we vote," Konkoleski said. "It doesn't matter."
ADENA'S POLICE chief remains on duty despite a standstill between the mayor and several council members.
Unruly behavior? 2/4/09 By AMY GAREIS News-Herald Staff Writer
MAYHEM ENSUED as several Adena Council members sought to fire the village police officer amid arrest threats, causing the mayor to storm off from a special meeting. Arguments immediately began at the Feb. 2 session as Mayor Ray Jeskey sought the reason for the gathering, which was called by President Pro Tempore R.J. Konkoleski. Officials indicated that Police Chief Joe Irwin abused his power by threatening to arrest Konkoleski and Councilwoman Billie Stanwick the previous day. The council members alleged that Irwin threatened to press charges after they questioned why he was patrolling town with an unidentified person. The passenger apparently was a cadet participating in a ride-along with the patrolman, which council members said they were unaware of. "I want to get to the bottom of this," Jeskey said. "I wonder who gave permission to do what was done to the police officer." Council members claimed the officer was insubordinate; others contended the officer was being harassed. Jeskey said he hired Irwin as chief with council's permission after leaders fired police officer Ben Swoyer late last year. But some council members debated the decision, saying they did not approve Erwin for the post. Irwin and Swoyer had worked under former Police Chief Brian Driscoll as of September. Driscoll resigned and moved on to patrol New Athens, while Irwin briefly left his duties but returned late last year.
Konkoleski and Stanwick provided written complaints to the media claiming that Irwin was hostile and threatened to press charges. In his complaint, Konkoleski said he noticed the patrol car running but unoccupied outside a local gas station, while one uniformed officer and an unknown person were purchasing snacks before leaving. He noted that council had strict rules against unauthorized people inside the vehicle because of liability reasons and he contacted Stanwick about policies. Since Jeskey was working at the time, Konkoleski said he was acting mayor in that capacity and searched for the cruiser. After locating the car, he approached Irwin for answers. Konkoleski continued that when told the passenger was a trainee, he inquired about a waiver needed for liability reasons. However, the officer allegedly became hostile and refused to provide the councilman with information. He contended that the officer told him to leave or face charges for disorderly conduct and obstruction of justice. Konkoleski said Irwin's actions were out of line, so he asked Stanwick to join him as a witness to further conversation at the police department. Both of them claimed that Irwin refused to cooperate and said he only answered to the mayor. Officials said the officer was being advised by phone to arrest them if they did not leave; Jeskey said he did not give any such permission. "I let him know that as acting mayor, I was suspending him from his duties for insubordination and threatening me until the matter could be resolved at council. His response was, 'No you're not.' He stated he is the chief and can do what he wants." "The officer said he didn't have the authority to do this and he wasn't leaving," Stanwick noted. "He again stated that if we didn't leave immediately he would arrest both of us. As a councilwoman I was not aware that Officer Irwin was appointed as chief of police. [Under the Ohio Revised Code], the mayor can appoint a chief of police with the approval of council. Council did not approve this appointment. I am requesting that his officer be relieved of his duties due to insubordination and threatening a duly elected village officer." But Jeskey wanted to know what provoked the incident. "I'd like to know exactly what was so bad that we had a special meeting," he said. Konkoleski said he contacted Village Solicitor Rebecca Bench, who was not present at the session, for an opinion. The mayor and council debated if and when Irwin had been named chief. Jeskey insisted that the panel backed the move but others said they were unaware. Copies of prior council minutes showed that Irwin was a part-time patrolman and initially declined the chief's position as of December. Jeskey believed council later agreed to make Irwin the chief in January.
Councilman Jim Horton said the village had no law enforcement during October, referring to Driscoll's resignation, Swoyer's firing and Irwin's departure. Konkoleski said the village needed to start following the law but Horton believed things had been the same for years. "This isn't Little Chicago; this is Adena," Jeskey retorted. "I wasn't pleased with the way three officers went out the door. You need common sense and understanding. They work part-time for minimum wage. These boys need to make a living." Konkoleski then said council should vote on making Irwin chief but it later failed by a 4-2 vote.
Officials did not question Irwin until nearly an hour into the meeting. The officer declined to comment because he was still considering charges. Offenses may range from failure to comply with an officer to obstructing official business. He did say, however, that there was more to it than meets the eye. "There are two sides to every story and you don't have the other side," he said. Irwin commented that did not release the trainee's information because it was personal and he kept it at his house. "I don't know who has keys to the police department," he said.
Horton added that the solicitor remembered seeing a waiver and the ride-along policy was in the rules. Debate continued throughout the evening involving council, the mayor and even a few audience members. Konkoleski called Irwin "indignant" and said his behavior was uncalled for. "We're not in a Communist state," he said. " I don't deserve to be threatened with arrest." Jeskey fired back that council agreed to make Irwin was officer then chief after Swoyer left. He added he was not taking action until he reviewed things further. "My question is how did this can of worms get opened to start with," he asked. "It had to be started by arrogance and it needed to be handled differently. It should have never even started. I should have been notified and I would talk to Joe."
Stanwick intimated that Jeskey gave Konkoleski approval to be mayor in his absence. "I was told [Irwin] would be suspended because [Konkoleski] was mayor," Jeskey replied. "I told you I'd handle the police department." Konkoleski and Stanwick continued that they filed complaints and Irwin's behavior was unacceptable, but Jeskey said Irwin was good for the town. Council defeated a motion to name Irwin chief by a vote of 4-2, with Konkoleski, Stanwick and councilwomen Nancy Malin and Shirley Bednarski opposing the idea and Horton and Councilman Terry Marshall in favor. Council debated whether Irwin should remain an officer, but Horton said no action was taken when the man completed his probationary period in July. "I've been pretty lenient as a mayor," Jeskey said shortly before storming out of the meeting. "I'm really ashamed sometimes to say I'm mayor of this town."
Konkoleski said there were two complaints of discourteous treatment of the public that warranted dismissal and but Horton said the mayor had the sole authority to fire Irwin. "[The officer's] arrogant," Stanwick replied. "We filed two complaints. Only a select few [village officials] can make a comment to people in the village. It's a little lopsided."
Audience members countered that council members should know the law and their job. Driscoll was on hand to defend Irwin and said he should not be fired. "The guy makes $7 an hour. We worked hard for this town," he said. "You guys gave me a chance to be a police chief. I did the job. We've had arguments in council, but I believe Joe would be an asset to the village."
Stanwick mentioned that the department refused to provide their schedules to the police committee, while Bednarski said it was difficult to get officers on duty for more than 18 hours a week. Horton suggested putting a levy on the ballot to fund the personnel. Talks meandered between finances and having older, more experienced officers on duty.
Following much more discussion, council agreed to continue talks at the Feb. 17 meeting at 6:30 p.m. Driscoll later told the News-Herald that being a cop in the village was not always easy. "Everything I've done has always been by the law. It's hard to be a police officer in Adena. We want to be respected just as much as they want to be respected."
A special meeting to discuss the village's police department was held Monday night and ended after several rounds of heated debates.
Council was again split in its opinions, and Mayor Ray Jeskey did little to narrow the gapping hole between the feuding sides. After calling the meeting to order with a moment of silent prayer and the Pledge of Allegiance, the mayor asked council why the meeting had been called. "I understand this is a special meeting," said Jeskey. "I want to get to the bottom and figure out why this meeting was called. It's uncalled for and who gave permission to do what they did to this officer?" Apparently, two members of council had approached an individual who may or may not be working for the village as its police chief.
The two, council President R.J. Konkoleski and Councilwoman Billie Stanwick, said they had approached Jim Irwin on Sunday afternoon and poised questions concerning a person in the vehicle with him. "I just wanted to know if the rider had a waiver," Konkoleski said. "The officer said it was none of my business." Konkoleski contended Irwin was rude and then threatened to arrest him no less than eight times. He also contended the officer threatened Stanwick in a similar manner "at least six times."
The mayor asked the two council members why they hadn't contacted him concerning the matter. Konkoleski replied that he had attempted to do so at an earlier time but had been told the mayor was at work and could not be reached. He also said that the officer was talking to someone on the phone when he and Stanwick entered the police department. "Whoever that person was told Joe that you said to throw us out or arrest us," Konkoleski said. "He said it was your clerk, who we thought was dismissed at the last meeting, and she said you told him to arrest us." The threat of arrest included trespassing, obstruction of justice and disorderly conduct.
"Did you give this directive?" asked Stanwick. The mayor replied "no" and said he was at work at the time.
"I want you to get this straight," Jeskey said. "He is going to be the police officer. You approved it at the last meeting and I hired him. He is my employee." Stanwick immediately said that was not the case. "We [council] didn't vote on that," she said. "That's petty," Jeskey said. "You put me in a position to hire him and now you tell me not to."
Village Solicitor Rebecca Bench was not able to attend the special meeting due to a prior commitment but did provide council with a written opinion on the matter. It read in part: "There now appears to be either a new chief of police or a current part-time employee who has been promoted to chief of police. Under my interpretation ... the mayor appoints the officer/chief and council approves the officer. The code is meant to be read so that the mayor and council have concurrent authority over the hiring and firing of police. If the mayor has either hired a new officer or a new chief of police, the council must give its advise and consent on the issue." Both Stanwick and Konkoleski filed written complaints with the mayor concerning Irwin and asked that he address the issue of terminating Irwin's employment. "This is misconduct on the part of the village's administration," Jeskey said. "I'm starting to get really ticked off. I'm ashamed." "If you hired him without the proper approval of council that is misconduct too," Konkoleski countered. "If you want to fire the officer ... than fire him," said Councilman Jim Horton. "He has been working for the village for the past eight months. His probation was up after six months, and he is still here working for the village."
Council members Nancy Malin and Shirley Bednarski also questioned the legalities of the mayor's hiring practices . A motion was then made by Horton to hire Irwin as police chief. A second on the motion was voiced by Councilman Terry Marshall. However, the matter was defeated by a 4-2 vote.
Accusations, arguments and personal attacks continued to fly, and the mayor left the meeting which continued in his absence.
The meeting concluded after another hour with council deciding to continue the matter until the next meeting of council which was set for Feb. 17 6:30 p.m. due to conflicting schedules of council members. Sedgmer may be reached at ksedgmer@timesleaderonline.com
Wanted in Adena: A new police chief By ROBERT A. DEFRANK News-Herald Staff Writer December 2008
ADENA - The village council set about looking for a new police chief during the Dec. 9 meeting. Council decided to advertise for the position of police chief or 18 hours per week at a rate of $7 per hour with a possible increase in spring. Notification of termination will be sent to Officer Ben Swoyer. The police fund is currently at negative $190. Council approved a transfer of up to $1,000 from the general fund to keep it in the black. The levy generates $10-$11 thousand annually.
In other matters, the village received a recall notice for the police cruiser due to a danger of hood fires. A local Ford dealer will be able to repair the vehicle at no charge. Also, the census bureau has sent a map of the village for council's inspection.
The village also received notification from the Ohio Valley Athletic Conference Sports Museum in Wesbanco arena informing them that one of the 90 display cases in the museum would be dedicated to Adena High School. They will require a sponsor of $450 and will welcome any memorabilia the village would prefer to donate. They are also invited to visit the museum and view the proposed case.
Council also received a letter from the prosecutor informing them of a citizen's complaint of a barking dog. The prosecutor is referring the complaint to the village ordinances. Also the Jefferson County Auditor notified council that the deadline to put a new levy on the May 5 ballot was Feb. 9.
Council also discussed the possibility of asking one of the organizations based in the community building to open their space for more interested groups.
Council also heard from a representative of the Save Our School Committee who reported 107 donations from concerned persons totaling about $6,000. More letters are being sent to water customers notifying them of the mission to preserve the old Adena High School building, (on 170 W. Main Street) now transformed into a community center. Plaques will be displayed honoring donors or in memory of others. For more information or to donate to the cause, call Lois Konkoleski (740) 546-3918 or R. J. Konkoleski (740) 546-4058. Council also thanked the Save Our School Committee for the donation of new mats and for repairs to the kitchen furnace. Council thanked the Longaberger Basket Company for arranging to have the gym ceiling painted at no cost to the village. When an extended family of Adena descendants visited town recently, they were particularly impressed with the improvements the school.
In addition, a member of council will attend the next Jefferson County Regional Planning Commission meeting Dec. 17. Adena is currently 10th on the list for funding but if any participant missed two meetings their village will be placed at the bottom of the list of 32.
Council also noted that the street fund is seeing less revenue due to decreased use of fuel and the corresponding impact on gas taxes. The permissive tax fund has also decreased.
In other business, --Spring cleaning letters will be sent out to the residents --Adena received a check from the Ohio Emergency Management Agency for 15 percent of the damage from the 2004 flood. --Council also noted that the villages could expect to see cuts in state and county aid do to the economy. --Council also thanks Darrin Young for the use of his equipment in decorating the village. --The citizens and community are also commended for their work in preparing Adena for the holiday season.
Amy Gareis -Harrison News Herald: November 12, 2008
Some debate erupted over the committee’s move, but Stanwick said Village Solicitor Rebecca Bench advised of the option. Stanwick continued that two committee meetings were held in September and October that the officers did not attend. Questions arose as to whether the meetings were advertised but committee members said the personnel were notified of the gathering. “I personally let Ben Swoyer know the meeting was the next day. He advised he could not attend,” Stanwick said. “We found out he was patrolling in New Athens. You can’t have two masters. You can’t serve New Athens and you can’t serve Adena.” Jeskey interjected that Sawyer only worked 18 hours for Adena, but Stanwick still called for the officer’s resignation. “I conferred with the solicitor and she advised us to write letters to both police officers and the village could terminate them,” she said, then calling on council to terminate Swoyer and Irwin’s posts. “In seven years, a committee has never made a decision without coming to council,” Horton noted, saying the letter should have come from the mayor. Stanwick responded that the letter was to evaluate performance deficiencies and Jeskey did sign it. Councilwoman Nancy Malin said the officers never worked weekends but Dulkowski replied that Irwin worked on Fridays. “The only thing we agreed on was finding another chief of police,” Jeskey said, saying Swoyer was not a qualified candidate. Stanwick suggested that a vote should be taken, while Bench said the general chain of command was through police committee first, then council. “At the end of the day they are employees of the village. Council can terminate them,” Bench said. Following more discussion, Dulkowski recommended keeping Irwin and having only one patrolman on duty. Stanwick recommended that Swoyer be dismissed, saying, “He does not do his job properly and shows utter disrespect.”
Horton said the issue concerned a lack of leadership in the department. Police Chief Brian Driscoll resigned last month in a letter to the mayor and now oversees a similar office in New Athens. “I think they need direction. They need a police chief who will tell them what to do,” Horton quipped. “You’re firing a patrolman because the police chief didn’t do his job.” After further talks, Stanwick again voiced dismissing Swoyer but offering Irwin more time. She, Malin and council members Shirley Bednarski and R.J. Konkoleski were in favor while Horton and Councilman Terry Marshall opposed the move. Officials also mentioned naming Irwin as the new chief, and Jeskey said if refused the chief’s position could be advertised. In related news, resident Roger Wallace expressed his concerns over handling problems with juveniles in his neighborhood. Wallace claimed vandalism occurred at his residence and youths were being unruly and oftentimes profane.. He said he recorded the juveniles’ activities and offered it to Swoyer for charges but nothing had been done. “My complaint is [the police officers] are not doing enough of their job,” he said. “I had the vandalism [case] unresolved. I turned [information] over to the Adena Police Department and nothing happened. I’m out $500 and left holding the bag because no one wants to do their job.” Wallace said he contacted the Jefferson County Sheriff’s Office, who advised him to call the police department. “It’s a vicious circle,” he said. Bench advised him to call the prosecutor’s office and Wallace replied he did. Further accusations were that juveniles played in the middle of the street, bounced balls off of vehicles and some were drinking. Resident Brenda Roski suggested contacting Children Services while village officials said they would look into the matter.
Kay Segmer-Times Leader:
: November 12, 2008
|ADENA - Upon the recommendation of the police committee, village leaders approved a move to relieve the police chief of his duties.
"I personally asked [Chief] Ben Swoyer to attend an earlier meeting of the police committee, and he told me he wouldn't be there," said committee chair Billie Stanwick. "He said he was working in New Athens that night. I don't think you can serve two masters, and we come first."
According to discussion, Swoyer had served as chief for the village while also accepting a similar post in the other village.
Stanwick distributed a copy of a letter prepared by the police committee on the recommendation of the village's solicitor. It was signed and sent to the entire department asking for their resignations.
"You made a recommendation but went on and made a decision," Councilman Jim Horton said. "Council did not agree to the letter. [The committee] should follow the correct procedure."
"The decision is primarily up to the committee not council," Stanwick replied.
"No, you overstepped your bounds," Horton replied. "They (the officers) just need leadership."
Solicitor Rebecca Bench said the committee is the "first line of defense" and said council eventually had the final say as to what course of action would be taken.
Clerk Gary Dulkoski said that he had dealt with the department and indicated he had no problems with current Officer Joe Erwin. However, he did indicate problems had possibly developed with Swoyer. "He seems
to be very immature," Dulkoski said.Dulkoski then recommended, due to financial restraints, that the village finish out the year with only one officer.
By a 4-2 vote, council approved a move to dismiss the police chief and retain the single officer.
In other business, council learned that 20 wreath decorations had been purchased through donations for the upcoming holiday season.
"The lighted wreaths were bought with donated money," said village resident Brenda Roski.
"There was no village money used," added Nancy Malin. "Even though a rumor is going around, the money was donated by individuals, groups and businesses."
Roski said each decoration costs $328 and features a large lighted wreath with three electric candles finished with a bow. Brackets have already been installed to hold the wreaths in the downtown area of the community.
"We are still taking donations," added Roski. "Any additional funds will be used to purchase more decorations for next year."
Sedgmer may be reached at ksedgmer@timesleaderonline.com
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