MAYOR … Mayor Borer and members of council discuss the resignation in front of them for approval. (PHOTO BY JACOB KESSLER / THE VILLAGE REPORTER)
By: Jacob Kessler
The Fayette Village Council held their meeting on Wednesday, June 14th. The meeting began at 6:00 p.m. with the Pledge of Allegiance and a prayer.
Council first moved to approve an addition to the agenda which included adding a police report presentation and Resolution 2023-03. Minutes were also approved for the council meeting that took place on May 24th, Safety Committee meeting that took place on June 7th, and Governmental Affairs Committee meeting that took place on June 7th.
The floor was then turned over to any member of the public who wished to speak. Karen King from the Fayette CDC spoke first and discussed the following items.
Citizen of the Year nominations are due this Friday, June 16th. The next CDC meeting will be held on June 19th at 6:30 p.m. and at 7:00 p.m. a guest speaker from the solar field will be speaking.
On the 22nd the 150th committee will meet at the village offices at 6:30 p.m. On June 24th the disc golf course will start to go in, and on the 25th the Kitchen Band practice will be taking place at 6:30 p.m.
Local business owner Fred Stockburger then addressed council regarding an issue with the police department.
Stockburger stated that he had been at a previous council meeting to speak about his concerns and that he now wanted to give an update.
He went on to say that, after his complaint the last time, he received a phone call from Chief Jason Simon the next morning.
He then stated that Chief Simon told him the officers had not been able to reach him previously due to him not updating his list, to which Stockburger stated that was an invalid excuse due to him reaching out to him that morning.
“So, we went around a little bit, and we finally agreed to disagree about how the thing was handled but he did tell me the paperwork was filed in Wauseon.”
“I wanted him to prove it to me and he said I could call a phone number to find it out. So, we called the phone number, and the paperwork wasn’t filed.”
“So, at that point I called back and left a message up here. He didn’t return the call and then I found him a few days later. He couldn’t understand why they didn’t file it, which that’s not my problem.”
Stockburger continued to explain that the situation did eventually get solved after Chief Simon looked into the issue.
He then went on to speak about all of the talk taking place on Facebook, specifically on the What’s Happening in Fayette page and the comments made by the former village administrator.
These comments involved saying things that make the community look bad as well as language pointed directly at the previous administrator.
Brittany Theis then spoke and stated that the Bull Thistle applications were turned in with amendments, and that she would like to add another one to include using the concessions.
A second sponsor is wanted for the bounce houses and more volunteers are welcome as well. The garden club was also touched on with it being stated all of the planters are out.
An unnamed visitor then asked what is being done to address the issue with police in the village. Mayor Dave Borer stated that two applications have been received, with one being for the chief’s position and the other being for a patrolman’s position.
The village will be receiving coverage from the sheriff’s office until more officers are hired. An ad was put online on Ohio Means Jobs and more applications are expected.
Ric Beals, the previous village administrator, then spoke and asked the mayor if he or anyone on council had an explanation for the rash of resignations.
“Why would someone with 30 years in the village walk away with 2 years to go before retirement.”
Mayor Borer stated, “Maybe because they weren’t actually doing the job that they were supposed to be doing and they started to feel the heat from it.”
Council member Suzette Boesger then stated that, in order to figure that out, he would need to talk to those that resigned.
“Well, that’s the exact opposite that I heard from the people that resigned,” Mr. Beals then said in response.
Council member Boesger then followed up with, “Again, we wouldn’t have any knowledge of that specifically, we can’t read their minds.” Back and forth then followed between the two with the mayor then stating that he expressed his thoughts and followed up with the following statement.
“I expect people to do the job that they got hired to do, and we just heard from somebody that just reiterated the fact that it wasn’t happening.” “And I’ve heard that from other people too. That’s my side of it.”
Beals then stated the following. “It’s also been heard out here that everybody behind that tables not doing their job.”
“That happens everywhere but it still doesn’t explain why somebody with 30 years of experience in the same town, only two years away from retirement would just walk away.”
Council was then asked if they have a procedure for reprimands that is followed. Mayor Borer stated that there is an employee handbook that everyone is supposed to adhere to.
Council was then asked, if there was an issue that was known about, was it handled or is it just now being discussed because he resigned, and everyone is hearing that he wasn’t doing his job.
The mayor then stated that it was common knowledge where he was spending a lot of his time, with no other information being given at that time.
Council was then asked if Chief Simon was brought before council or the mayor and asked about what was going on.
Mayor Borer stated that he was questioned about it and that he said I don’t care, I’m going down there anyway.
Council was then again asked about whether or not any action was taken, if there were procedures not being followed. Written warnings and things such as those were brought up by Beals as an example.
Mayor Borer stated that they have those, and council member Boesger stated that their employee handbook has been altered, in this case the disciplinary part was altered.
The purpose of this was to make changes to it, and other items in the book. Council was then asked if any of this was documented. Mayor Borer stated that he resigned, “He resigned, it’s not like we were going to do anything to fire him.”
Council was then again asked about documentation for Chief Simon, with the question being “So his behaviors that weren’t acceptable or anything weren’t documented. There was no written document?”
Mayor Borer then stated that he wasn’t fired, with a visitor stating that it doesn’t matter and that if there was disciplinary action taken it should be somewhere, and that there are procedures to follow.
Village Fiscal Officer Karin Sauerlender then stated that the procedures are not public record. Karin was then asked if there are any disciplinary records, with her response being, “if there are its not public record.”
The Village Attorney Bob Bohmer then spoke after being asked by Mayor Borer if he would be willing to answer any questions.
Bohmer stated, “I’ll go this far and say that there are procedures both in the Ohio Revised Code and in the handbook of the village that handle these situations.”
“There are processes and procedures that are followed in a given circumstance. In this particular circumstance any outcome, anything like that was stopped when the chief resigned.”
“Everything that needs to be done has been done. I’m comfortable legally that again, there was no action before this council so everything that were doing right now is speculative.”
More conversation continued to take place before council member Kessler asked Bohmer the following question.
“Is it not true that the council doesn’t have any say over the police. The mayor has the final say when it comes down to hiring, firing, whatever and that goes with the administrator too, correct?”
Bohmer answered with, “Initially yes, for a chief of police in a non-charter community there’s some additional revised code requirements that bring the council in. But for village administrator no, they serve at the pleasure of.”
Kessler then asked, “So we do have say here?”. Bohmer stated, “If under given circumstances there’s a procedure in the revised code that would bring the council.”
Kessler next stated, “Because it’s been spoken that we don’t have say to an extent, that he has the final say when it comes to the police.”
Bohmer then stated, “That’s largely correct.” He then offered to give Kessler a run-down of how that works.
Kessler went on to say, “I just know everybody’s given everybody around this table heat, and I’m sure it has some good doings, but that’s a lot of “BS” too in my book.”
“And if anybody wants this seat, sign up, giddy up.” Mayor Borer then stated that he has four people that have asked about seats.
Beals then asked council member Chris Meeker what the reason for his resignation from council is. Mr. Meeker stated that Mayor Borer “has known for a month that I’m leaving, and it has nothing to do with anything other than, I’ve been here for six and a half years.”
“After talking with my kids and some very wise men that I know, it’s time for me to move on. Fair enough Dave?”
Mayor Borer responded with, “I’m not going to say anything about it Chris, that’s totally up to you.” Meeker then continued with, “Dave and I have had conversation about it, and I think we’re good.”
The mayor’s report followed next with some of the items stated being as follows. The farmer’s market is still taking place every Saturday and the Fayette CDC and Normal Memorial Library are both having activities down at the park all summer long.
Spring clean-up will be taking place on June 17th with 26 addresses being signed up with a total of 29 loads.
Breakfast on the Farm will be taking place next Saturday at 15167 South Highway in Metamora. A free breakfast is offered as well as an opportunity to learn about farm animals.
The Fayette volleyball team will be holding a car wash on June 26th in the High School parking lot from 4:00 p.m. to 6:45 p.m.
The Fulton County Economic Development Corporation held a meeting on the 13th which was attended by the mayor and council member Kim Priestap.
The village is still working on water surveys and is close to getting to work on the project.
The VFO’s report came next with it being stated that a resolution was added to award a contract to Bryan Excavating, and that it needs to be passed that night, so rules will have to be suspended. It was then recommended that two items be tabled due to the permanent financing not being approved yet at the last OWBA meeting. The financing will be handled at their next upcoming meeting.
Next, a flyer was sent out to everyone on council, dealing with some training council needs to do in order to qualify for loan forgiveness.
Lastly, the Safety Committee talked about hiring a civilian employee for the police department, and has recommended it to council, until the department is back up to full strength.
This would help with paperwork to free up the officers to do police work. They may also serve as a zoning officer. The VFO report was then approved by council along with a motion to pay the bills.
Sgt. McConnell next spoke to council in order to deliver a police report. McConnell started out with, “I too enjoy social media and watching the What’s Happening in Fayette page.”
“It was nice to see that there were no police officers left as I’m sitting at home wondering, did I lose my job.”
“But no, I am happy to inform everyone that I will be staying, and I love this town. I unfortunately don’t live here, but I am going to stay for a while.”
Sgt. McConnell then delivered his police report and highlighted the following information for the time period of January 1st, 2023, through June 12th, 2023.
The top ten calls for service in Fayette were service to the community at 113 calls, traffic offenses at 72 calls, assist fire and rescue at 32 calls, assist other units at 24 calls, civil complaints at 14 calls, animal complaints at 14 calls, unlocks at 12 calls, 911 hang ups at 11 calls, juvenile complaints at 10 calls, domestic complaints at 9 calls, and suspicious persons at 9 calls.
The top calls of interest were burglaries at 4 calls, domestic complaints at 9 calls, fire at 2 calls, fraud/scams at 8 calls, mental at 6 calls, narcotics at 3 calls, sex offenses at 2 calls, stolen vehicles at 1 call, thefts at 7 calls, trespassing at 6 calls and vandalism at 8 calls. Sgt. McConnell then gave everyone present a little brief history about him, stating that he was previously the Assistant Chief in Wauseon and began at that department back in 1995. The police report was then approved by council.
Next, council moved to approve the following resignations. A resignation from Police Officer Allred, Police Chief Simon, and council member Chris Meeker. The vote for the resignations of both Officer Allred and Chief Simon landed at 4 for and 2 against.
The rules were then suspended to approve Resolution 2023-03, authorizing the award of work to be performed on Phase I of the Waterline Replacement to Bryan Excavating, LLC.
The Second Reading of Ordinance 2023-07 granting Archbold Refuse Service, Inc. the privilege to continue to provide garbage and refuse service collection and disposal services in the village of Fayette, Ohio was also approved.
The Third Readings of Ordinance 2023-05 and Ordinance 2023-06 were then tabled as requested during the VFO report.
Council then entered into executive session at 6:47 p.m. to discuss employee compensation. Upon their return, council moved to advertise for a civilian police/zoning position. Next, Sgt. McConnell was named as the acting Police Chief, effective June 24th, 2023, with a $2 an hour increase in compensation. Executive session was then entered back into again to discuss employee discipline.
Council returned from the second executive session at 8:01 p.m. It was asked what the process is for filling the open council seat.
VFO Karin Sauerlender stated that council can make a motion at any point, and that council has 30 days from the date of resignation to appoint a new person. Council member Kessler made a motion to appoint Brenda Shoemaker.
Mayor Borer stated that he already has four letters of intent from individuals and that more may be coming.
Council agreed to discuss those who have given letters of intent, and the motion died. With no other items to discuss, the meeting was adjourned at 8:04 p.m.
During executive session, The Village Reporter was asked about the disciplinary record of Chief Simon, and whether or not anything would be public.
VFO Karin Sauerlender was approached to discuss the comment made regarding items not being included in the public record.
Clarifications were made regarding what is and is not able to be released to the public. A request for any disciplinary actions, as well as employee reviews, was made regarding Chief Simon.
The Village Reporter was also asked about whether or not the resignation letters would be made public. A request was made to receive the letters with each of them being included here now.
Resignation from Officer Gerald W. Allred Jr.: Chief Simon, Please accept this as a formal notice of my resignation of patrolman from the Village of Fayette, with my last shift being June 17, 2023, at the end of my shift.
After careful consideration, I have made the decision to resign my position to join the Ottawa County Sheriff’s Office.
With this new position comes the opportunity for promotions along with a competitive wage and other benefits that the Village of Fayette could not offer.
I am staying on a few extra weeks per your request to help and give Mayor Borer and Council time to effectively come up with a plan to keep the Police Department alive during these difficult times.
I would like to thank you for all the support and training opportunities you have given me to help me strive in my Law Enforcement Career.
I also would like to thank the citizens of Fayette for the opportunity to serve them with professionalism and integrity these past five years. I have grown to be fond of the community and somewhat call it home.
Resignation of Police Chief Jason J. Simon: I would like this letter to serve as my notice of resignation from the Village of Fayette Police Department and position of Police Chief.
My last day of service to the village will be June 23, 2023. I have thought long and hard on this decision.
Being less than two years from my 30-year mark and my formal retirement from Fayette. I understand there will be many benefits and events I will miss out on with this decision.
Overall, I have fully enjoyed working in this community for 28 plus years. I have been granted the opportunity to work with and for several wonderful people.
I have every intention of remaining in this community as I have grown very fond of Gorham Township. To all the employees and elected officials that are trying to do what’s best within ethical and moral bounds I wish you the best of luck.
If any of you have questions to why I am making this decision this close to my retirement date, I am more than willing to sit and talk with you.
Resignation of council member Chris Meeker: Mayor Borer and Village Council, I am resigning my position as Village Councilmember as of 06/28. It has been a pleasure serving the village with all of you.
Jacob can be reached at jacob@thevillagereporter.com