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Posted: 7:13 p.m. Tuesday, Nov. 13, 2012
By Sharahn D. Boykin
XENIA —
A two-day hearing related to a complaint that alleges county commissioners and the county children services agency violated Ohio Sunshine Laws is scheduled to begin this morning in the Greene County Court of Common Pleas.
The complaint, filed by the Alice Maddox the former director of Greene County Children Services, alleges the agency board violated the state open meetings laws when it terminated her in April without a vote. Supporting documents included with the complaint allege the board treated Maddox in a derogatory manner because of her race.
More recently, the Greene County Board of Commissioners was named as a defendant in the lawsuit in an amended complaint filed with the court on Oct. 12.
The lawsuit alleges Greene County commissioners held 50 work sessions between Oct. 12, 2010 to Aug. 21, 2012 without giving the public advance notice.
“The venue of said work sessions, as far as can be determined, was not open to the public, and the meeting were not open to the public nor attended by the public,” wrote John Folkerth Jr. and Paul Courtney, defendants for the plaintiff, in the complaint.
The document alleges that the possible merger of the agency with Greene County Jobs and Family Services was discussed during the alleged “illegal meetings” however, there are no audio recording or minutes for the meetings.
The complaint alleges the commissioners discussed its intent to merge children services with jobs and family services on Aug. 14 and voted on Aug. 30 without discussion or deliberation.
Commissioner meetings from Oct. 12, 2010 to present, “are limited to” roll call votes and violate the Ohio Sunshine Act, the lawsuit alleges.
Five children services board members were appointed between Jan. 6, 2011 and Jan. 16, 2012 without discussion, so the appointments of the board members were invalid, the complaint alleges. The lawsuit argues that the appointments of the majority of the board is invalid, so the vote to terminate Maddox is also invalid.
County commissioners filed a response to the complaint on Nov. 7 that denied the majority of the allegations.
Judge John Kessler, a retired Montgomery County judge, is scheduled to hear arguments on the case at 9 a.m. in courtroom three.
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