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Township official subpoenaed in lawsuit

Fiscal Officer Linda Oda to testify about ‘pre-meetings.’

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By Lawrence Budd, Staff Writer 10:47 PM Tuesday, January 31, 2012

LEBANON — Clearcreek Twp.’s fiscal officer said she plans to testify that trustees held illegal “pre-meetings” to orchestrate replacing an outgoing trustee.

Although Fiscal Officer Linda Oda said she “was never invited” to attend the meetings, she said she was aware of them when the trustees talked about them during public sessions.

Oda, who is also running for Warren County recorder, has been subpoenaed in a lawsuit that the trustees’ “pre-meetings” violated the Ohio Sunshine Law.

Jack Chrisman, a former trustee candidate, filed the lawsuit in July claiming current Trustee Ed Wade and former Trustee Dr. Gregory McDonald met with then-Trustee Dale Lamb in November 2009 and February 2010 without notifying the public.

Chrisman claims the meetings were attempts to convince Lamb to resign before the end of his term, opening the seat for McDonald. After Lamb retired, McDonald did not run for his seat. Jason Gabbard won the Nov. 8 election defeating four other candidates, including Chrisman.

Oda has been subpoenaed to be deposed on Feb. 22 by attorney John Smith, who is representing Wade and Lamb in the lawsuit.

Chrisman’s lawsuit also claims Wade and Gabbard met in February 2011 in another attempt to get Lamb to resign before his term ended. At that time, Chrisman claims Gabbard would have been in line to be appointment to Lamb’s seat.

Gabbard, Smith and Wade have denied any involvement in Chrisman’s allegations.

Oda and Wade have been at odds since her first election four years ago. State auditors issued a finding against the township after Oda pointed out Wade’s insurance agency was administering the township’s health care claims. A special prosecutor declined to bring charges. Wade, Lamb and McDonald were among the township officials who backed Oda’s opponent, Teri Smith, who she defeated Nov. 8 to win a second term.

Oda and Robert Fox of Franklin Twp. are seeking the GOP nomination for the Warren County recorder in the March 6 primary.

She said is concerned about the Feb. 22 deposition since conflicts with both her son’s birthday and her preparation for that night’s trustees’ meeting.

Chrisman’s lawsuit is scheduled for a final pretrial hearing on July 13 and a one-day trial on Aug. 2.

Contact this reporter at (937) 225-2261 or lbudd@Dayton DailyNews.com.

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