The Star Beacon; Ashtabula, Ohio

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September 21, 2009

Conneaut councilman’s court hearing continued

JEFFERSON — A hearing to determine if a Conneaut councilman must pay legal fees in a public records case brought by a city administrator was continued Monday afternoon.

Attorneys for Ward 1 Councilman Dave Campbell and Public Service Director Bob Howland tried to reach an agreement on the costs owed in the matter but without success. The continuance was announced nearly 90 minutes after the hearing was scheduled to begin in the courtroom of Ashtabula County Common Pleas Court Judge Ronald Vettel.

At issue are legal bills resulting from a public records lawsuit brought by Howland against Campbell. Earlier this year, Howland sought an e-mail Campbell said he received early this year from a city employee. While Campbell resisted Howland’s effort to obtain a copy of the message, Howland filed a lawsuit.

Howland, through attorney Nicholas Iarocci, argued that Campbell was a public official and the e-mail dealt with a public project, guardrail installation.

In June, Vettel ruled the message must be released. When Campbell balked, Iarocci threatened to file a contempt action. Campbell eventually provided the information. Monday’s hearing was to determine whether Campbell is obliged to pay court costs and Howland’s legal expenses.

The e-mail came from a person identified only as “Mike.”

Iarocci had arranged witnesses to testify on Howland’s behalf. Seated in the corridor were Conneaut City Manager Robert Schaumleffel Jr., and Law Director Lori Lamer, but it was unknown whether they were potential witnesses.

Representing Campbell is city attorney Robert Naylor.

The e-mail stemmed from a guardrail project on Keefus Road prompted by an auto accident. The city paid a private contractor around $7,000 to do the work. A short time later, Campbell said he received an e-mail message from a city employee that indicated the city had on hand all the material needed to perform the job without outside help.

City officials said a private company was hired because the guardrail was a priority and road crews were busy plowing snow.

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