On Monday, Schaeffer narrowly survived a vote to terminate his contract. In a surprise move, Otto motioned to vote on whether to terminate Schaeffer’s contract.
The measure to oust Schaeffer failed 3-4. Council members Tyler Starline, Shaw and Otto voted to terminate Schaeffer’s contract. Lyons recused himself from the vote, but would not elaborate why.
“It’s unfortunate that there wasn’t enough evidence to compel the state auditor’s office to investigate,” Lyons said after the auditor’s decision. “However, there is still a real liability to the city based on the public records laws that have been broken.”
Shaw and Otto have long said the documents they removed – including four boxes worth – were copies and that no laws were broken. Nor, they said, were they involved in one page of minutes from a 2008 meeting disappearing.
Schaeffer did not respond Tuesday to requests for comment.
The relationship between Schaeffer, Otto and Shaw was rocky even before the members were elected last year. In October 2015, Schaeffer found Shaw and Otto in violation of a city ordinance by using the city's logo on their campaign websites.
Schaeffer is an attorney with Pickrel, Schaeffer and Ebeling law firm. In addition to Huber Heights, Schaeffer is counsel to the city of Springboro. He earned his law degree from the Ohio State University in 1973 and passed the state bar in 1974.