The Star Beacon; Ashtabula, Ohio

June 17, 2009

Lawsuit filed against Conneaut councilman

Dave Campbell may have to pay for his own defense

By MARK TODD - Staff Writer - mtodd@starbeacon.com

CONNEAUT — As promised, a Conneaut councilman was sued Tuesday for failing to abide by a public records request.

Ward 1 Councilman Dave Campbell, the subject of the suit, also learned Monday night he may have to pay for his own defense if his fellow members agree not to foot the bill.

The plaintiff is Bob Howland, Conneaut’s Public Works Department director. He filed the lawsuit in Ashtabula County Common Pleas Court after Campbell defied Howland’s request to release an e-mail the councilman received early this year. At issue is information e-mailed to Campbell by an unidentified city employee regarding a Keefus Road guardrail replacement project.

The city hired an outside company to handle the job, at a cost of more than $7,000. Critics claim the work could have been done in-house, using municipal employees and existing materials.

Howland wants to see the e-mail, which Campbell referenced at a council meeting and on a local talk show.

Earlier this month, Law Director Lori Lamer sent Campbell a letter stating she believed Howland’s record request was valid and should be released since the e-mail was discussed publicly and deals with a public works project.

Last week, attorney Nicholas Iarocci, who represents Howland, said he would file a lawsuit Tuesday if the e-mail wasn’t provided. Campbell said he would not release the e-mail, to protect his source.

The confidentiality argument doesn’t fly legally, Lamer has said.

At Monday’s City Council workshop, Lamer told Campbell her research revealed he may have to pay for his own defense because he acted contrary to the advice of the city’s law department. His only hope are his fellow council members, who could vote to appropriate the money. If they decline, Campbell is on his own. No vote was taken at Monday’s work session.

Campbell, at the meeting, was skeptical of Lamer’s analysis.

“I’m going to have to take food off my table?” he said.

Campbell also wanted to see the documentation Lamer used to prepare her opinion on the legal-defense payment situation.

One day later, Campbell said he questioned the motives behind the lawsuit.

“There’s a lot of politics going on here,” he said.

At Monday’s meeting, Howland gave a lengthy presentation to council about the sorry state of his department’s vehicles and pitched a replacement program.

“It’s pretty sad when the public works director says he needs $700,000 in badly needed equipment and he’s suing the hand that feeds him,” Campbell said Tuesday. “It’s a sad day for Conneaut when city employees are suing city councilmen,” he said. “He doesn’t understand the chain of command.”

Lamer was away from her office Tuesday and unavailable for comment.