Minutes

LAFAYETTE TOWNSHIP BOARD OF TRUSTEES

Special Meeting

Thursday, July 31, 2008

 

Meeting called to order:  3:01 p.m. followed by the Pledge of Allegiance.

 

Members Present:  Trustee Lee Kehoe, Trustee Lynda Bowers, Trustee Donald Butler, Fiscal Officer Shirley Bailey.

 

Requisitions:

Ms. Bailey presented the requisitions to the Trustees.  Mr. Kehoe asked if the amount for Kline’s Pest Control was an additional amount.  Ms. Bailey replied it was.  Fire Station #1 and the Service Department were added to the contract.  The contractor split the cost.  Instead of charging $341 per location, the township was charged $170.50 per location.  Mr. Kehoe asked if the buildings have been baited for bugs and had wasps knocked down.  Ms. Bailey replied they had.  Mr. Kehoe noted that the charge for Kline’s had been split between the Fire Department and the Service Department. 

 

Mr. Kehoe stated that the total amount of the requisitions was $1,398.25. 

 

Mr. Butler motioned to accept the requisitions.  Ms. Bowers seconded.  All voting in favor.

 

New Business:

Change of August Meeting Date – Mr. Kehoe stated that he had a conflict with the current August meeting date (8/18/08).  Mr. Butler stated that he also had a conflict and would be out of town.  Mr. Kehoe would like to move the meeting up one week to August 11, 2008.  Ms. Bowers stated there would be no conflict with her.  Mr. Butler said he also could make that date. 

 

Mr. Kehoe motioned to change the August Trustees Meeting to August 11, 2008, normal time and location.  Ms. Bowers seconded the motion.  All voting in favor.

 

Ms. Bowers asked who would be responsible for the notices of this change.  Mr. Kehoe asked if the Fiscal Officer wouldn’t take care of that.  Ms. Bowers replied she just wanted to make it clear so that the notice was posted. 

 

Ms. Bailey asked Chief Sheppard if there was a problem with the Fire Department since that would be the second Monday of the month when the Department usually uses the hall.  Chief Sheppard replied that MedFlight would be coming in.  Ms. Bowers suggested holding the meeting earlier at 5:30 p.m.  The motion was amended by Mr. Kehoe to meet at 5:30 p.m. and seconded by Ms. Bowers.  All voting in favor.

 

resolution 29-2008 – a resolution to set forth an approval procedure for certain purchases and expenditures.  Mr. Kehoe motioned to bring forth Resolution 29-2008.  He then read the resolution.  Mr. Butler seconded the motion.  Mr. Kehoe stated that he feels the Trustees need to ensure that items are being approved that are needed and are actually set up for in the budget.  He stated that there are purchases being made just to be made.  He feels a comprehensive way to control the purchases is needed.  The performance audit defined certain procedures that have not yet been implemented.  Mr. Kehoe would like to now move forward and implement these procedures to ensure that the township’s money is being spent properly with proper Trustee approval. 

 

Ms. Bowers stated that in early 2007 she had submitted to the Board purchasing policies and practices to be considered.  They were based on the State Auditor’s Best Practices recommendations.  She had made copies for the Board at that time.  The recommendations from the Performance Audit in 2007 raised this issue again.  Towards the beginning of this year, the Fiscal Officer also presented some recommendations as well.  Ms. Bowers would like to make sure that Ms. Shanley has all of that information; particularly what was presented by the Fiscal Officer, since it does gives some insight into the internal systems of the Township.  Mr. Kehoe stated that any input on how to do and control should be presented to ferret out the best practices and implement those.  Mr. Kehoe also understands that the UAN system is different. 

 

Mr. Kehoe noted that in Section 2, there is a blank to be filled in with regards to the amount of discretionary purchases.  Ms. Bowers stated that the current number in place by resolution is $750.00.  There is a current policy with that amount.  The Board discussed and decided upon $750.00 to be the discretionary purchasing limit with the exception of emergency repairs to the buildings, equipment, buildings and payment of utilities as well as payroll and payroll related expenses and insurance. 

 

All voting in favor.

 

Resolution 30-2008 – a resolution establishing a policy for trustee access to keys to township files.  Mr. Kehoe stated that he had spoken with Mr. Thorne about this issue and his comment had been that there are some trustees who carry a whole ring of keys around.  Mr. Kehoe states that he doesn’t want to do that, but do think that the Trustees need to have accessibility and recommends putting a set of keys in a safe box so they are accessible.  Mr. Kehoe read the resolution.  Mr. Kehoe motioned to bring forth Resolution 30-2008.  Mr. Butler seconded the motion.  Mr. Kehoe stated that this resolution was pretty self explanatory that a set of keys needs to be accessible at some point in time. 

 

Ms. Bowers stated that since she was the Trustee who assisted the interim Fiscal Officer in breaking into every door, document and file that the township had when the previous Fiscal Officer left, she agrees that having a second set of keys that can be accessed in a safe deposit box is very important.  Provision would also need to be made for the safe deposit box keys.  She would also like to see a duplicate set of keys to every piece of equipment the township has be stored.  The previous Fiscal Officer had been in possession of those keys as well and many of them have not been recovered. Mr. Kehoe also spoke stating that he thinks not only the Administration Building, but also any building within the township.  Mr. Butler clarified adding “all buildings and equipment” to the resolution.  Ms. Bowers stated that she is not worried about the police cruisers since the Sheriff’s Department keeps a second set.  Ms. Bowers mentioned having the keys to the mowers, files, etc.  She herself does not want access to the keys, but feels they should be in a safe deposit box.  Mr. Kehoe definitely feels they should be available. 

 

Ms. Bowers asked if there would be three signatures on the signatures card for the safe deposit box with two signatures required for access.  Mr. Kehoe replied that actually all four of the Board should sign on the card.

 

Ms. Bailey stated that she agrees with the safe deposit box set of keys.  She questions if the keys are available in the safe deposit box, why separate keys would be needed for the Trustees.  She reviewed the O.R.C. and has spoken with the state.  The state can not give an opinion, but agree that having all of these keys out there is bad.  Ms. Bailey is responsible for the safety of the records and if access is available when she is not present, she would have no way of knowing if anything has been changed, removed or put in.  She is not saying that anyone would do that, but it could happen and has happened.  The state has documents showing where this has happened in townships and they feel that should not be the case.  The Fiscal Officer does have the responsibility of the records and should keep that responsibility. 

 

Ms. Bowers stated that she does not have keys to the office at this time and does not want them.  Her reason is that there are two townships within Medina County that have had difficulty with records missing and being changed.  The Trustees in those townships are being looked at and she does not want to have a similar situation.  What Ms. Bailey is saying makes sense to her since she has this other information as well.  She suggests that the Board may want to think about this.  She is not saying whether legally the Trustees should or shouldn’t, but feels that as a practical matter this should be thought about. 

 

Mr. Kehoe replied that he had thought about it and in speaking with Mr. Thorne, had heard that there is nothing wrong with this proposal and it is a legal proposal.  Ms. Sue Heiszek suggested the possibility of break-away locks being placed on the files to determine if anyone had been in the file cabinet.  Ms. Bowers replied that this would defeat the purpose of being able to open the files.  Ms. Heiszek stated that this would show if anyone had accessed the files.  Ms. Bailey stated that there would be so many keys out that …Mr. Kehoe interrupted and stated that no one had asked for any keys yet.  Ms. Heiszek asked if Joy Turpin had keys or only Ms. Bailey.  Ms. Bailey replied that she was the only one with keys to the files.  Ms. Bowers stated that a copy should be placed in a safe deposit box.  Ms. Heiszek again spoke about having an indicator that would show if anyone had accessed the files.  Ms. Bowers stated that when she had been a clerk, she had to certify that the records were the true and accurate copies and had not been tampered with.  The only way to do that is if she or someone from her staff was always present to make sure that they had not been tampered with.  Otherwise, she could not certify them.  Ms. Bailey agrees with this statement.  Ms. Bowers again stated that she did not know if this was legal or not legal.  Mr. Kehoe stated that according to Mr. Thorne it is legal.  Ms. Bowers reiterated Ms. Bailey’s comment that the state says it shouldn’t be.  Ms. Bowers would not wish to be put in this position.  Mr. Kehoe replied that Ms. Bowers did not have to ask for keys.  At this point, he also is not asking for keys.  Mr. Kehoe feels that as a Trustee, they should have the right to get keys if they are needed.  The keys also need to be put away in a safe deposit box.  All four members of the Board, the three Trustees and the Fiscal Officer, need to be signers on the bank card and it should require two signatures to access the box.  Mr. Kehoe stated that if the Fiscal Officer is run over by a bus and is required to sign along with a Trustee, the township would be S.O.L.  Ms. Bowers agrees with Mr. Kehoe’s suggestion to have all four on the signature card. 

 

Ms. Joy Turpin asked if Section 1 is approved, and there is accessibility, what is the reason for having Section 2.  Mr. Kehoe replied that Section 1 says there will be a set of keys put in a safety deposit box that would take two signatures to get them out.  Ms. Turpin asked if the keys are accessible to the Trustees, what would be the reason for needing additional keys.  Mr. Kehoe replied that an individual Trustee may want a key.  Ms. Turpin asked if there was a reason why they would need the key.  Mr. Kehoe replied that there could be a reason.  Ms. Turpin stated that this would bring up the question that Ms. Bailey has about being able to certify the records if they are not where she can…Mr. Kehoe interrupted and stated that was a possibility, but nobody at this point in time has asked for any additional set of keys.  He continued stating that this is a situation where the Trustees are opening this up for a possibility.

 

Ms. Bowers stated that the important thing is to have a duplicate set of keys made and put in the safe deposit box.  Maybe the Trustees could consider Section 2 after Ms. Bailey can perhaps get something in writing from the state and let Mr. Thorne look at that.  Mr. Kehoe stated that according to Ms. Bailey, the state will not respond.  Ms. Bailey stated that the state will not give an opinion.  Ms. Bowers stated that Ms. Bailey can get an opinion.  The State Auditor’s Office is not permitted to give a legal opinion, but they can refer it to the Attorney General’s Office and Mr. Thorne can deal with that.  Ms. Bailey stated that she has been asked to contact the Attorney General.  Ms. Bowers clarified that the Fiscal Officer is not able to do that, only the State Auditor or the County Prosecutor.  Ms. Bailey replied that she misunderstood, however the state did mention the Attorney General’s Office. 

 

Ms. Bowers suggested passing Section 1 and leaving Section 2 in abeyance until the next meeting as long as there is nothing critical going on.  Mr. Kehoe stated that the Board could defer Section 2 at this time.  Mr. Butler stated that he does not plan on asking for a key and has no problem deferring Section 2.  Mr. Kehoe stated that Section 2 would be deferred. 

 

All voting in favor.

 

Executive Session -  Mr. Kehoe motioned to move into Executive Session to consider the appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee or official for the investigation of charges or complaints against a public employee per O.R.C. 121.22.  Mr. Butler seconded the motion.

 

Roll Call:  Mr. Butler – yes, Mr. Kehoe – yes, Ms. Bowers – yes.

 

Ms. Bowers asked who would be invited into the Executive Session.  Mr. Kehoe replied the three Trustees, Ms. Nanci Shanley, and Chief Jim Sheppard.    Ms. Bowers asked if Mr. Thorne would be joining.  Ms. Kehoe replied that he was supposed to be. 

 

Mr. Kehoe announced that he was not sure if there would be an decisions made after this Executive Session.  If there are, the Board would reconvene in the Townhall. 

 

Executive Session convened at 3:30 p.m.

 

Executive Session and Meeting adjourned at 5:45 p.m.

 

Approved:________________________                                ________________________

                                                                                                Lynda Bowers, Trustee

 

 

                                                                                                ________________________

                                                                                                Donald Butler, Trustee

 

 

                                                                                                ________________________

                                                                                                Lee Kehoe, Trustee

 

_________________________________

Shirley Bailey, Fiscal Officer