Smith said she also filed a records request last week for copies of recordings Schommer may have made.
When asked Tuesday, City Attorney Gerald McDonald and City Manager Rob Schommer did not say if the city manager in fact made any recordings.
“We are looking into this matter,” McDonald said.
MORE: Huber city manager, councilwoman in dispute about heated phone call
McMasters’ complaint states a few months ago a city employee told him they were “aware the city manager was recording his conversations with members of council.”
The issue stems from a letter an attorney for Schommer sent to McDonald this month. That letter claimed that Smith berated Schommer during a phone call in which she engaged in ‘a very unprofessional conversation’ with him in a conversation about new street banners. Smith denies that she was unprofessional in the conversation.
After learning about Schommer’s letter, McMasters “requested Mr. Schommer provide any recordings Mr. Schommer might have of conversation between he and Ms. Smith.”
“This request was made both as part of the complaint process and as a public records request,” McMasters said in his complaint.
McMasters said Schommer has not responded to the records request filed last week.
MORE: Animated video sparks outrage in Huber Heights
Schommer maintains his letter was never intended as a formal complaint, though his lawyer, David Duwel, referred to the document as a complaint in an email with McDonald.
Because the document was originally considered as a complaint, it went to McMasters, who as mayor investigates formal complaints against members of council.
Later, the city attorney told the Daily News the letter was no longer being considered as a formal complaint, and that he would be “looking into some of the issues raised in the letter and reporting back to council to see if there are any violations involving the city.”
McMasters maintains anything McDonald does to investigate Schommer’s letter has to be coordinated with him.
“He’s an advisor to council and an advisor to me, and he needs to understand his role,” McMasters said of McDonald in an interview.
The newspaper asked McDonald to respond to the mayor’s comments.
“I serve as the chief legal advisor to council, the city manager, and all city departments, divisions, offices and other agencies, boards or commissions,” McDonald said by email. “I represent the city in all legal proceedings and perform any other duties prescribed in this charter, by legislation or the general laws of Ohio and will continue to do so.”
MORE: No penalties for Huber Heights mayor after discrimination complaint
Staff Writer Laura Bischoff contributed reporting from Columbus.