Investigation finds no problems with ex-Huber city manager files

Former political ally questioned if councilman legally obtained records.

Two thumb drives alleged by a local political operative to hold documents from two former Huber Heights city managers were found to contain no information requiring a redaction, an investigation found.

Emery Phipps Jr., the head of a former political action committee opposing the 2008 recall effort against Councilman Mark Campbell, in June emailed members of city council detailing concerns that he might have obtained from Campbell documents released outside the city’s public records process.

Two reviews by the city’s legal counsel — one in August and another this month — found “a public record request was made in 2008 by Mark Campbell consistent with the timeline provided by Mr. Phipps,” but said there “is no way of checking to see if that request corresponds with the documents on the thumb drive.”

Still, the records on the thumb drive — said to have come from the computers of ex-city managers Cathy Armocida and Jim Bowers — were reviewed and found to have contained no information requiring redaction.

Phipps authored the June email to Councilman Ed Lyons who, at the time, was questioning how council members Glenn Otto and Richard Shaw handled public records. The Ohio Auditor's Office has since cleared Otto and Shaw in that case.

Phipps this week said he is “relieved to know I was not in possession of illegally obtained public documents as Mr. Lyons was suggesting at the time.” Phipps said he intended to ensure that “everyone be held to the same standard.”

Lyons called Phipps a “well-educated political spin master, and he’s done a fine job in bringing this issue to city council.”

“I know it’s sure to disappoint (Phipps), but at the same time I have to be concerned with the people’s records, and they have to be handled correctly under the law,” Lyons said.

Campbell said he was pleased the matter is resolved.

“All I want to do is earn my $300 a month and serve my hometown, and it’s become increasingly difficult to do that,” Campbell said.

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